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Police and Criminal Evidence Act 1984 (Code of Practice C and Code ofPractice H) Order 2006

My Lords, we understand that the revised codes of practice made under Section 66 of the Police and Criminal Evidence Act 1984 are necessary because of the extension of the maximum period of detention from 14 to 28 days, to which Parliament finally agreed with some reluctance after many contentious debates. As the Minister said, Code H deals in particular with the treatment of suspects who are detained for the longer period under the Terrorism Act 2000. I understand that after consultation it was agreed that suspects would be transferred to prison if a warrant is issued taking detention beyond 14 days. My noble friend Lord Carlile of Berriew strongly endorsesthat proposal as ensuring that detainees are held in establishments which have the experience and facilities to deal with longer periods of detention. When my honourable friends the Members for Hornsey and Wood Green, and for Somerton and Frome, asked whether someone held under the code would be transferred to a place where the officers had received appropriate training, the Minister who replied took the question to refer only to police stations. He said that the equivalent of Paddington Green would not be needed everywhere unless there was a large increase in suspects charged under the code. Does that mean that as long as the number of suspects is small enough to be accommodated in Paddington Green, every suspect will be held there initially, regardless of where they were detained in England and Wales? What is the situation in Scotland? If the number of suspects increased beyond the limit that Paddington Green can hold, has another police station been prepared to receive the extra suspects, with appropriately trained officers? Similarly, are there designated prisons ready to receive the suspects who are detained for 28 days, with appropriate facilities and trained officers? If the first preference is to be Belmarsh, has another prison been designated as backup in case the numbers exceed the capacity of Belmarsh? I need hardly add that with the prison system as a whole crammed to bursting point, it would impose an intolerable strain on the service if it suddenly had to accept more than a few 28-day detainees. It would be useful to know how the Minister thinks that it would deal with such an emergency if it occurred. Finally, I should like to ask a question, of which I am afraid I did not give the noble Baroness notice, on paragraph 5.7 of Code H. It provides that detainees will be, "““informed that what they say in any letter, call or message...may be read or listened to and may be given in evidence””." There is no reference to the recording of any telephone call that is made. Particularly as reference is made elsewhere in the code to the possibility that telephone calls may be conducted in a language which the officer does not understand, does the Minister not consider that there may be a requirement to record those conversations so that they can be translated and examined later?
Type
Proceeding contribution
Reference
684 c312-3 
Session
2005-06
Chamber / Committee
House of Lords chamber
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