UK Parliament / Open data

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

My Lords, first I thank the noble Baroness and the noble Lord for giving their assent to the codes of practice, but I shall answer straightaway the questions that they have quite properly asked. On the supervision of family visits and any appeal procedure, I can assure the noble Baroness that all visits will have to take account of the operational sensitivities of an investigation and will be arranged in liaison with the investigation team, while also taking into account the needs of the detainee. The balancing exercise will have to be gone through, and of course the noble Baroness will understand that each situation will be different. Any complaints, however, can be made to the independent Police Complaints Commission or to the Prisons and Probation Ombudsman, depending on where the detainee is held. I turn now to the questions raised by the noble Lord, Lord Avebury. All police stations are designated for the detention of terrorist suspects, but the Terrorism Act 2000 requires that a detainee is taken as soon as is reasonably practical to the police station which the constable considers the most appropriate. In the majority of cases this will mean Paddington Green, but other police stations are used and a secure detention facility exists in Scotland at Govan. The decision about which station is the most appropriate is an operational one to be taken by the police and will depend on the needs of the investigation and the circumstances of the detainee. The noble Lord asked whether suspects would all be sent to Belmarsh and what the position there is. The police and the National Offender Management Service will maintain an agreement as to the most suitable places for detention, which will again depend on the individual detainee and take into account, for example, their age, whether they are male or female and the circumstances of the investigation. Belmarsh will be one of the institutions under consideration for appropriate cases but other institutions will be considered when all the relevant issues are taken into account. Those will form part of the plans we make. On the question of telephone calls, I shall write to the noble Lord. However, the ordinary principleof ““he who asserts must prove”” will prevail. If information is to be relied on, it makes prudent good sense to try to get the best quality evidence. That is my response generally but I shall write to him in relation to that specific issue because I do not have clear instructions to hand. With that, I commend the order to the House. On Question, Motion agreed to.
Type
Proceeding contribution
Reference
684 c313-4 
Session
2005-06
Chamber / Committee
House of Lords chamber
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