The hon. Gentleman knows that I am a rather firm defender of the jury system, and I happen to believe in the good sense of juries. I certainly agree that juries can apply common sense. I am sure that they are often asked to dismiss media speculation from their minds and that they can successfully do so. However, the hon. Gentleman might share my concern that what is coming out is not just speculation, but a torrent of ““facts””, many of which might not—I emphasise the words ““might not””—ever be allowed to emerge at trial, even if they were indeed factually correct. That raises some quite difficult issues.
I certainly do not want to suggest a prescriptive solution to the problem, but it is worth bearing in mind that the opportunity for such speculation and for the emergence of facts that might be prejudicial to a fair trial is clearly helped by lengthening the period between arrest and charge. I should be grateful for the Minister’s comments on that, particularly as I understand that the Attorney-General has contacted the press to express her anxieties about it. I should also like to know whether the Government think that further legislation would be required to deal with the issue—not, I should like to emphasise, that that is a route on which I would wish to embark in an ideal world. Having fair trials is rather important, because otherwise we run the risk of allowing people who might have committed serious offences to escape conviction. That ought to be a matter of concern to everybody in the House.
I do not want to take up more of the House’s time and I am aware that others wish to speak. I hope that the Minister can provide answers to the queries that I have raised. We shall support the Government in the renewal of the order, even with the hope that it might not have to be renewed in future. On that point, I raise the issue, which has already been mentioned, of post-charge questioning. It is clear that post-charge questioning is intensely relevant to the period of time for which we have to detain people. I hope very much, therefore, that we can introduce it quickly.
Finally, I simply say this to the Minister. At times, the suggestion has been made—not by the Minister, but by others in the Government—that a 28 or 90-day period is necessary not because of the need to question and gather evidence to bring somebody to trial, but almost because it acts as a disruptive mechanism, even though there is really no prospect of the person ever being charged and those arresting them know that.
Prevention and Suppression of Terrorism
Proceeding contribution from
Dominic Grieve
(Conservative)
in the House of Commons on Tuesday, 10 July 2007.
It occurred during Legislative debate on Prevention and Suppression of Terrorism.
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Proceeding contribution
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462 c1355-6 
Session
2006-07
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