My Lords, this worries me. Let us take the scenario where the police wish to continue to question after arrest and charge and go to the judge to say, ““We want to do this for this reason. This is the information that we have and we need to ask the defendant these questions””, and the judge says, ““Yes””. Under the government amendment, having done that, they are perfectly free to go back to ask any question they choose on any matter about which the judge has not been asked at all.
That drives a horse and cart through the whole idea of having protection for a defendant in a post-questioning period. I cannot understand why the Government have left out the other words, which the noble and learned Lord, Lord Lloyd of Berwick, has asked to be put back—which the Government themselves put in—unless it is the view of the procurator fiscal, the CPS and the English police that they want a chance to have a second bite at the cherry, although they do not want to be honest about that.
Counter-Terrorism Bill
Proceeding contribution from
Baroness Butler-Sloss
(Crossbench)
in the House of Lords on Tuesday, 4 November 2008.
It occurred during Debate on bills on Counter-Terrorism Bill.
Type
Proceeding contribution
Reference
705 c175 
Session
2007-08
Chamber / Committee
House of Lords chamber
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