On the point raised by the right hon. and learned Member for Sleaford and North Hykeham, as the Bill is drafted a constable is the initiator of the request for post-charge questioning. I think—I will double-check the point—that if the defendant says they want to be questioned further on some reasonable points, it should not be unreasonably dealt with by the constable that the request came from the defendant rather than otherwise. I think that goes some way to addressing the point, but there is clearly a concern about how the request is recorded, lodged and responded to. The point is fair, and it should be responded to in detail in another place.
My hon. Friend the Member for Hendon (Mr. Dismore) has said that suspects on bail could be re-arrested for post-charge questioning. Actually, that cannot happen, because there is no power to detain in that regard. The provisions apply only to post-charge questioning, which applies only to those already in detention.
This has been a job well done all round, and we have made a degree of progress, although I do not doubt that the matter will be revisited in the other place.
Question put and agreed to.
Clause read a Second time, and added to the Bill.
Counter-Terrorism Bill (Programme) (No. 2)
Proceeding contribution from
Tony McNulty
(Labour)
in the House of Commons on Tuesday, 10 June 2008.
It occurred during Debate on bills on Counter-Terrorism Bill (Programme) (No. 2).
Type
Proceeding contribution
Reference
477 c197-8 
Session
2007-08
Chamber / Committee
House of Commons chamber
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2023-12-16 01:07:48 +0000
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