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Proceeding contribution from David Howarth (Liberal Democrat) in the House of Commons on Wednesday, 9 November 2005. It occurred during Debate on bill on Terrorism Bill.


Terrorism Bill

Would the Home Secretary care to comment on the view that has been expressed to me on the questioning of suspects after charge by Professor John Spencer, QC, who is one of the leading experts on the law of criminal procedure in this country and, indeed, throughout Europe? He says that the so-called"““rule that suspects may not be questioned after charge is one that has no clear legal basis, whether in statute or case-law.””" He goes on to say that the only possible basis that he can think of is the existence of paragraph 16.5 in PACE code C, to which he refers, and that the conclusion that we must draw is that the power already exists, without primary legislation, for the Home Secretary to create a situation in which terrorist suspects can be questioned after charge, so this part of the Bill has no point whatsoever.


Secondary information

Type
Proceeding contribution
Reference
439 c333 
Session
2005-06
Chamber / Committee
House of Commons chamber
Subjects
Civil liberties Criminal proceedings Codes of practice Appeals Detainees Applications Arrests Evidence Incitement Judges National security Prosecutions Police custody Terrorism Remand in custody Cryptography High Court Habeas corpus Encouragement of terrorism Sunset clauses
Legislation
Terrorism Bill 2005-06
Link
View this Proceeding contribution on www.publications.parliament.uk