Human Rights triumph over party politics in Terrorism Bill
Press Release
Human Rights triumph over party politics in Terrorism Bill
Today the House of Commons defeated the Government’s amendment to detain individuals for 90 days without trial. Director of Liberty Shami Chakrabarti said:
"This courageous vote proves that we are not in China yet. Despite a
concerted attempt at party tribalism and an excessively political
campaign by certain senior police officers, the House of Commons has
helped to restore faith in politics this evening.“
Liberty Press Office:
020 7378 3656 or 0797 383 1128
Notes to editors: Liberty’s concerns with
the Terrorism Bill include:• Proposals to create new offences of
encouragement of terrorism and dissemination of terrorist publications
are extremely broadly drafted. They do not require any intention to
incite others to commit criminal acts. The Terrorism Act 2000 (TA) and
existing common law means there is already very broad criminal law. Any
difficulty in bringing prosecutions can be largely attributed to factors
such as the self imposed ban on the admissibility of intercept
evidence.• Plans to allow three month detentions without charge would
have had a severe impact on community relations, allowing for the
equivalent of a six month custodial sentence. It is over twenty times
the pre charge detention time limit for murder. If the police have
genuine difficulties in gathering evidence we should look for more
proportionate ways of dealing with the problem. Liberty maintains that
the current 14 day limit for holding detainees without charge is
sufficient.• Extension of the grounds for proscription under the
Terrorism Act will criminalise membership or support of non-violent
political parties. The implication of criminalising non-violent
organisations on the basis of their opinions is incredibly dangerous for
a democratic Government to consider. Liberty’s suggestions to reduce
investigative problems for police include:• The bar on intercept
evidence in criminal trials must be removed because its inadmissibility
is a major factor in being unable to bring charges. • Review the way in
which people that have already been charged can be re-interviewed and
recharged as further evidence is uncovered. This will allow for a charge
to be replaced at a later stage of proceedings with a more appropriate
offence. • A civil court can currently make an order requiring an
encryption key to be handed over. Anyone failing to comply with such an
order will be in contempt of court and can be detained in custody for a
fixed period. This means they do not have to be under arrest with the
custody clock running.• Section 47 of PACE allows for people to be
bailed to reappear back at a police station while the police continue
investigations. Attaching bail conditions such as curfew, reporting, or
the surrender of a passport to Section 47 could enable these powers to
apply to terrorism cases.
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