GPS tagging
176. Also during our visit to Paddington Green, the
suggestion was made that GPS technology might be used for tagging
both individuals who are the subject of control orders and as
a condition of Terrorism Act bail if this were to be made available.
177. Recent developments in tagging using the Global
Positioning System ("GPS") may make it possible to tag
a suspect in such a way that their precise physical location would
always be ascertainable. This may be less intrusive than many
of the control orders currently in force and could potentially
mean that suspects could not "disappear" in the way
that a number of subjects of control orders have recently disappeared.
178. On the other hand, we are aware of the existence
of studies which call into question the effectiveness of this
technology and raise practical questions such as whether it is
available in a form which cannot be physically removed by a person
sufficiently determined.
179. We recommend that the Home Office make a
formal assessment of the feasibility of GPS tagging for terrorism
suspects and provide us with the results of its assessment.
The "threshold test"
for charging
180. In our report on Prosecution and Pre-charge
Detention we welcomed the introduction of the lower charging standard
("the threshold test") by the CPS because it appeared
to us to introduce greater flexibility in the investigation of
terrorism cases[125].
181. The Government in its response,[126]
however, said that this was not a relevant factor in considering
the appropriate time limit for pre-charge detention. It also said
that it could apply only in some terrorism cases, whereas the
DPP told us at an informal meeting that it is used in most terrorism
cases.
182. We remain of the view that the use of the
threshold test should lessen the need for a further extension
of the period of pre-charge detention. In our view, however, more
information is required about the operation of the threshold test
in practice. We recommend that an appropriate body, such as the
CPS Inspectorate, conduct a a review and report on the operation
of the threshold test in terrorism cases.
121 JCHR Report on Prosecution and Pre-charge Detention
(2006) at paras 132-135. Back
122
Government Response to JCHR Report on Prosecution and Pre-charge
Detention at p. 9. Back
123
Letter from Metropolitan Police Commissioner to the Committee,
received 2 Februrary 2007, Ev 49. Back
124
Oral evidence, 18 April 2007, Q164. Back
125
JCHR Report on Prosecution and pre-Charge Detention, at paras
132-135. Back
126
Government Response to JCHR Report on Prosecution and Pre-charge
Detention at p. 9. Back
