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if the judicial authority is satisfied that there are reasonable grounds for believing that the exclusion of the person and/or his representative is necessary in order to avoid any of the harms set out in sub-paragraphs (1) to (g) of paragraph 34(2) below..
(1) When deciding whether there is sufficient evidence to charge a person with an offence having a terrorist connection, a Crown Prosecutor may apply the Threshold Test for charging if the conditions in subsection (3) below are satisfied.
(5) Where a Crown Prosecutor make a charging decision in accordance with the Threshold Test, the person charged shall be immediately informed of the fact that they have been charged on the standard of reasonable suspicion.
38 The judicial authority with power to extend detention under section 41 has power to release the suspect on bail, with conditions..
(1) The Secretary of State must, within twelve months of the date on which this Act is passed, make regulations providing for a compensation scheme (the scheme) governing payments made to suspects who are detained under the provisions of Schedule [Amendments relating to period of pre-charge detention] and not charged with an offence.
An order made by the Secretary of State under section [ Power to declare reserve power exercisable] shall be treated for the purposes of the Human Rights Act as subordinate legislation and not primary legislation..
(b) In determining what is necessary for the effective investigation of terrorist offences the Secretary of State must take into account the availability of post-charge questioning, the practice of the Crown Prosecution Service in relation to the weight of evidence required to bring charges and any changes to the relevant law of evidence or procedure since this Act came into force..
(1) Nothing in this Act shall prevent or restrict a person who is detained under this Act or a person duly authorised on behalf of that person from making an application to a Justice of the High Court for habeas corpus.
(2) It shall be a condition of the detention that the person detained shall be produced forthwith to a Justice of the High Court or to a senior immigration judge authorised to sit as a member of the Special Immigration Appeal Commission who shall enquire as to
(3) If the Justice of the High Court or senior immigration judge is not satisfied as to the likelihood of the person detained being charged within 42 days that person shall be released forthwith from detention subject to any conditions the judge may impose..
if the following conditions are satisfied
the Secretary of States reasons for being.
Jacqui Smith: New clauses 20 to 22, 24 to 30 and 32, and new schedule 1, introduce amendments to strengthen considerably the safeguards that we want to apply to any future use of the provision in this Bill for a reserve power to extend the period for which terrorist suspects could be held before charge. The Government believe that such a reserve power should be available, for use if necessary, to protect our national security and, most importantly, our people against the threat that we face from terrorism.
That threat is real and serious. First, the threat is unprecedented in scale. Some 65 terrorists have been convicted in our courts since the start of 2007, and there are more than 200 groupings and 200 individuals of concern to agencies in the UK today. Secondly, the threat is more ruthless than any we have faced before. It aims for mass casualties, uses suicide methods, and would use dirty bombs given half a chance.
Philip Davies (Shipley) (Con): Nobody underestimates the threat that we face, but if the Government are so determined to clamp down on the threat from terrorism, why does not the Home Secretary, as a first step, scrap the Human Rights Act 1998, which has done so much to stop undesirable people who may pose a serious threat being kicked out of the country? If she is so serious about this, she should scrap that Act.
Jacqui Smith: As I will demonstrate today, I believe that it is possible to find a way both to safeguard our individual civil liberties and rights and to protect the people of this countryand that is what we are setting out to do.
Thirdly, the threat is more complex and international than ever before. Terrorists living and working in our society have learned how to use technology to cover their tracks. They travel a network, sharing experiences and learning from mistakes. Terrorist plots in this country now almost invariably involve multiple connections to many countries overseas. That alone creates huge technological and logistical challenges for investigators.
Jacqui Smith: Our starting point has always been not the maximum number of days for which it should be possible to hold somebody, but whether there was a case for more than 28 days at all, and what safeguards should apply. I have been very clear from the outset that there had to be
I have been clear from the outset that there had to be an upper limit so that no individual could be detained indefinitely. The figure of 42 has been arrived at by assessing with the police and others the minimal additional period that, in our judgment, would make a significant difference in the sort of circumstances in which an extension would even be considered.
Keith Vaz (Leicester, East) (Lab): On the issue of the threat, would my right hon. Friend like to comment on the statement made this morning by Lord Stevens about the state of the threat? Will she also confirm that she or her Ministers have discussed the proposals fully with the Director of Public Prosecutions?
Jacqui Smith: The important point that Lord Stevens made this morning is the point that I was about to make about the threat. Given the ferocity of what is planned and the use of suicide methods, the police may well need to step in early to prevent a plot from coming to fruition. It is that combination of factors that means that police may need longer to get to the bottom of who and what is involved and then build a case on the basis of evidence that is admissible in court.
The nature of the threat and the need to intervene early have meant that the police have had to hold a small number of suspects for the full 28 days since the higher limit was introduced in July 2006. It is this that leads our most senior police officers to say, as Lord Stevens and others have, that they can foresee circumstances when it may be necessaryin order fully to investigate and chargeto hold terrorist suspects for more than 28 days.
Mr. Dominic Grieve (Beaconsfield) (Con): The Home Secretary is aware that the current system for charging places the responsibility for making that decision firmly in the hands of the Crown Prosecution Service. It is on the CPS that the responsibility falls. If the facts given by the Home Secretary mean that police fears are justified, why have the police been unable to persuade the CPS that there is any necessity for the extension? The CPS has to make those decisions, and will continue to have to make them.
Jacqui Smith: It is the responsibility of this House and the Government to make a judgment and to bring forward laws that will then be implemented. If the hon. and learned Gentleman were ever in government, I would be very surprised if he then wanted to take a different approach.
Mr. John Baron (Billericay) (Con): On the issue of complexity, the Madrid bombings involved 29 suspects, investigations spanning seven countries, 300 witnesses and tons of evidence in electronic and paper form. Why did the Spanish authorities need only five days to bring charges, when the Home Secretary is arguing for 42?
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