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Counter-Terrorism Bill

There is a major difference, which the noble Lord, Lord Clinton-Davis, will recognise, between somebody who is detained without having been charged and then can apply for bail, and somebody who is detained not knowing the nature of the allegation against them. I take that to be a major distinction and at the core of what we are talking about here. Just before I rose to speak, I noticed the noble and learned Lord, Lord Falconer of Thoroton, straining like a greyhound in the slips, and I am sure that he will speak shortly on this matter because he has done so most eloquently both in this Chamber and in the media. These proposals are wholly unnecessary because the CPS has changed the basis on which most terrorist suspects are charged. We have already had some indication of it from others, but perhaps I may spell it out: most criminal charges are brought only if the prosecuting authority considers that, on the evidence currently available to it, there is a greater than 50 per cent chance of a successful prosecution. That decision must be made within 14 days of detention, except in terrorist cases, where, as a result of the earlier legislation which this Chamber passed with the assistance of the noble Lord, the authorities have 28 days to make the decision. However, the Crown Prosecution Service has adopted a different basis of charge in the majority of terrorist cases and now uses what it calls the threshold test, which permits a detainee to be charged where the evidence to show a greater than 50 per cent prospect of conviction is not yet available but the authorities on reasonable grounds believe that it will be available before trial, and where they believe that the suspect, if released, would be a danger to the public. In practice, therefore, the time available to the police and the Crown Prosecution Service is not 14, 28 or 90 days—it is the whole of the period up to trial, which is commonly a year to 18 months. During that time, investigations can and do continue and evidence can be served on the defence right up to the end of the presentation of the prosecution case in court. As the noble and learned Lord, Lord Falconer of Thoroton, said at Second Reading, "““there is no need for an artificial deadline””.—[Official Report, 8/7/08; col. 645.]" I am bound to say that I wonder what on earth we are doing here. It is very hard to see whether there is some perceived political gain—I hope that that is not the reason—or whether somebody is afraid of backing down for fear of appearing weak. I hope that that is not the case either.