Society raises concern over Counter Terrorism Bill
1 Apr 08
Committee highlights human rights issues and admittance of post-charge questioning
The Law Society of Scotland has raised serious concerns about the UK Government's new counter terrorism debate - in particular the proposal to increase the detention time of terror suspects from 28 to 42 days before they have to be charged.
In its response to the proposals the Society's criminal law committee has also questioned the proposal to allow terror suspects' post-charge questioning. After examining the bill - which has its first major debate and vote in the House of Commons today - the committee noted that the head of the Crown Prosecution Service's counter terrorism division had reported that the CPS is currently managing within the 28-day limit.
The committee is concerned that such moves would contravene the European Convention on Human Rights, and that the bill breaches a fundamental principle of Scots law preventing police from questioning a suspect after they have been charged. Any answers given by suspects from post-charge questioning are not admissible in Scottish courts.
In the committee's view, terror suspects should be treated in the same way as any other people suspected of crime.
The committee also highlighted its concerns with clause 27 of the bill, which would mean that terror suspects' cases would be heard in England, regardless of where the alleged crime had taken place. The committee wants some kind of way of determining who would decide whether a case was to transfer between jurisdictions, and which courts were to receive such cases.