Terrorism Act 2006 (Disapplication of Section 25) Order 2009

My Lords, the Government agreed during the debates on what became the Terrorism Act 2006 that there should be a requirement for the annual renewal by Parliament of the 28-day time limit. Section 23 of that Act extended the maximum period of detention of terrorist suspects before charge from 14 days to 28 days. Section 25 of that Act says that the period of detention will revert to 14 days unless the 28 days are renewed by order for a period of up to a year. The order maintains the 28-day maximum limit for a further period of one year, beginning on 25 July 2009. Terrorist investigations can be immensely time-consuming, and the increase from 14 days to 28 days was necessary primarily as a result: first, of the greater use of encrypted computers and mobile phones; secondly, of the increasingly complex nature of terrorist networks that have to be investigated—they quite often run through many, many countries; and, lastly, of the increasingly international nature, as I say, of terrorist networks. There are huge language difficulties and there is great difficulty in getting this evidence from abroad, which all adds to the complexity. The potential consequences of a terrorist attack are of such magnitude that it is imperative that the police have the powers to arrest terrorists before they can achieve their goals. The current threat level remains at severe, where an attack is highly likely. Jonathan Evans, director-general of the Security Service, has recently stated that there is enough intelligence to show intent to mount an attack and that it could happen at any stage. When a terrorist plot is uncovered, due to the likely severity of an attack, law enforcement agencies often have to intervene at a much earlier stage in the investigation than they would like. I have to say that I encourage them to do that. As a result, at the point of arrest the information that the police have available to them may be based more on intelligence than on admissible evidence. This is one of the fundamental ways in which terrorism is so different from other crimes. Therefore, unlike other forms of crime, proportionately more work needs to be done on the investigation after an individual has been arrested. The decision to extend pre-charge detention from 14 days to 28 days in the Terrorism Act 2006 took account of these practical difficulties, and it has been justified by subsequent events. It means that we have been able to bring prosecutions that might otherwise not have been possible. Since the power came into force in July 2006, 11 people have been held for more than 14 days, and six people have been held from between 27 and 28 days; of these six, three were charged with terrorist-related offences. The last person to be held for more than 14 days was held on 30 June 2007 for 18 days, 17 hours and 48 minutes, which shows the flexibility of the length of time for which people are held. I should point out that the existing application for an extension is a very rigorous process. Those who are arrested can be detained for 48 hours, after which the police or the Crown Prosecution Service may apply to a judicial authority for a warrant of further detention. This is to a designated magistrate for applications for up to 14 days’ detention, and to a High Court judge thereafter. A Crown Prosecution Service lawyer makes the application for extensions beyond 14 days. Defence solicitors are provided in advance of each application, with a written document that sets out the grounds for the application. At the extension hearings, the senior investigating officer is present, and the applications are usually strenuously opposed and can last for several hours. The officer may be questioned vigorously by the defence solicitor about all aspects of the case. Applications to extend the detention period may be made for up to seven days at a time or quite often for less; it may be a matter of only a day or two. Suspects can be held only for the purpose of obtaining evidence in relation to criminal offences. They cannot be simply detained for public safety reasons. This means that once the police have exhausted their questioning of a suspect, the person must be either released or charged regardless of how many days they have been detained for. A recently published report by Her Majesty’s Crown Prosecution Service Inspectorate highlighted that the Counter Terrorism Division of the Crown Prosecution Service, ""treat the extended power of detention very carefully. Applications are only made if properly justified and careful consideration is given to the further period required to complete the enquiries"." As I have already noted, all 28 days have been proved to be necessary, and while the full 28 days have not been needed over the past 24 months that does not mean that they might not be needed again in the near future. The threat level cannot be ignored, and it is simply not possible to predict what might happen over the next 12 months. All of us on all sides of the House appreciate the seriousness of the terrorist threat that we face and the importance of having the right measures in place to counter that threat. Terrorism is a huge international challenge, but it is a particular challenge for democracies, which must strive to protect individual liberties while ensuring collective security. It is vital to strike the balance between protecting the rights of the detainee and ensuring that an investigation proceeds properly and effectively, enabling the police to deal with the complexity of modern terrorism investigations. I hope that the House agrees that this order achieves this, and I commend it to the House.