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Conducted by the Home Office, it will be overseen by Lord Macdonald, the former Director of Public Prosecutions. He has been credited with professionalising anti-terror prosecutions and has secured successful convictions in a number of high profile terror cases.

The Home Secretary has asked for Liberty’s involvement in the review and the human rights organisation is delighted to accept this welcome invitation.

Liberty Director Shami Chakrabarti said:

“No one underestimates the terrorism threat and everyone wants to see a country united, safe and free. Liberty welcomes this once in a generation opportunity to reform counter-terror measures and bring them within the rule of law. We intend to do everything within our power to ensure that the Government does not waste it.”

Journalists contact: Liberty’s press office on 0207 378 3656 or 0797 3 831 128

NOTES TO EDITORS:

1. The UK has the longest pre-charge detention limit in the western world. Pre-charge detention refers to the length of time you can be locked-up and questioned before you face a charge. In that time you might never be told what you are accused of, or be able to challenge the evidence against you. No one has been held for more than 14 days in the UK since the previous Government dropped its proposals for 42 days in October 2008. MPs will vote for renewal of 28 days tomorrow but the period of renewal being sought by Government is 6 months rather than the usual 1 year.

2. Control orders were brought in by the previous Government under the 2005 Prevention of Terrorism Act after the Law Lords ruled that indefinite detention without charge for foreign terror suspects in Belmarsh prison violated their human rights. Control orders (applicable to British and non-nationals alike) severely restrict who a person can meet, where they can go and all cases have involved electronic tagging. Restrictions include lengthy curfews and bans on unauthorised visitors and internet access. Control orders can last indefinitely. The person does not have to be accused of any crime and does not have to be told why they are under suspicion.

3. Section 44 of the Terrorism Act allows “areas” (not defined) to be designated for stop and search without suspicion by a police constable. Designation is by an Assistant Chief Constable (subsequently endorsed by the Home Secretary). Designations may be made in secret and no judicial or parliamentary involvement is required. Designations last 28 days but have been made on a rolling basis for years at a time. Whole police areas may be designated and during the height of the Iraq War, these included several counties of England and Wales. The test for designation is not “necessity” but mere “expedience”. This power was found to be unlawful in the Court of Human Rights in January 2010 and the use of this power to stop and search individuals was temporarily suspended by the Home Secretary earlier this month.

4. The Regulation of Investigatory Powers Act (RIPA) regulates the use and access of targeted surveillance by public bodies. Liberty has long been calling for a comprehensive review of RIPA powers and authorization processes and have asked for the following:

a. All interception of communications and intrusive surveillance to be authorised by judicial warrant.

b. All other types of surveillance to be independently authorised and depending on the level of intrusion, some powers may require authorisation by a magistrate.

c. The number of public bodies that have access to surveillance powers to be reduced.

d. The purposes for which intrusive surveillance can be authorised to be restricted in scope.

e. An overhaul of the Investigatory Powers Tribunal procedure where most applications for review of surveillance powers must go but which is fundamentally flawed.

Liberty has produced an introductory guide to RIPA, which is available here: http://www.liberty-human-rights.org.uk/issues/3-privacy/pdfs/ripa-powers.pdf