CONTENTS
Terms of Reference
Abstract
Chapter 1: Introduction
History of pre-charge detention legislation
Review of Counter-Terrorism and Security Powers
The use of extended pre-charge detention
Table 1: Number of terrorist suspects held without charge for more than 14 days
Chapter 2: Is it ever justifiable to hold a terrorist suspect for more than 14 days?
Why treat pre-charge detention of terrorist suspects differently from all other suspects?
International comparisons
Has it ever been really necessary to hold a suspect for more than 14 days?
Do recent changes eradicate the need for extended pre-charge detention?
Might a power be needed in the future?
Is a new contingency provision needed?
Chapter 3: Are the draft Bills the right contingency plan?
The origin of the draft Bills
Table 2: The Review's conclusions on the different options for extending the maximum period for pre-charge detention to 28 days
Could Parliament adequately scrutinise the bills?
Do the bills risk blurring the lines between Parliament and the court?
The practicalities of passing the legislation
Chapter 4: The way forward
The standing primary legislative route
The order-making route
How to ensure an order would only be made in exceptional circumstances
Mandatory independent review
A sunset clause
Parliamentary scrutiny
Conclusions
Enhancing judicial safeguards
Criteria for judicial consideration (in addition to Schedule 8)
The role of the DPP
Article 5, ECHR requirements
Chapter 5: Conclusions and recommendations
Appendix 1: Joint Committee on the Draft Detention of Terrorist Suspects (Temporary Extension) Bills
Appendix 2: List of Witnesses
Appendix 3: Call for Evidence
Appendix 4: Formal minutes
Evidence is published online at www.parliament.uk/detentionofterroristsuspectsbills
and available for inspection at the Parliamentary Archives (020
7219 5314)
References in footnotes to the Report are as follows:
Q refers to a question in oral evidence;
DTS refers to written evidence as listed in
Appendix 2.
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