Of the Labour MPs polled about extending pre-charge detention periods beyond 28 days, 51 percent said they would only support a temporary extension during a national emergency and 44 percent thought extension would damage the UK’s international reputation on civil liberties. Forty-eight percent of Labour MPs agreed that there has been too much legislation in response to the threat of a terror attack.  If carried through to a Parliamentary vote, these figures indicate that the Government’s scheme to extend pre-charge detention would be defeated by backbench Labour MPs.

Liberty Director Shami Chakrabarti said: “This poll reveals the true consensus on anti-terror laws – the shared belief that extending punishment without trial beyond what is already the longest period in the Western world will neither lessen the threat nor improve community relations.”

Liberty’s ComRes poll revealed that two-thirds (65 percent) of MPs think there has already been too much legislation in this area.  The poll showed widespread opposition towards amending the Terrorism Act to extend pre-charge detention (with only 36 percent of all MPs supporting it) and massive support for Liberty's alternative proposals, such as removing the bar on intercept evidence (with 89 percent of all MPs backing this option) and allowing post-charge questioning with judicial oversight (92 percent of all MPs). Further, only 36 percent of MPs believe that extending the detention limit beyond 28 days will help tackle the threat of terrorism while 55 percent believe that doing so will actually damage police and community relations.

Liberty believes that flaws in the Government’s proposals to extend pre-charge detention include

● powers for the Home Secretary to extend pre-charge detention in individual cases beyond 28 days without any evidence of a genuine emergency situation

● weak Parliamentary oversight as MPs are not allowed to vote when powers are activated

● inadequate judicial oversight, as the courts will not be able to review the decision to extend pre-charge detention.

Liberty is disappointed by Government proposals to extend pre-charge detention beyond 28 days for terror suspects and points out that a growing consensus believes that no case has been made for these new powers. Liberty has instead suggested the following counter-terror proposals be pursued:

• Remove the bar on the use of intercept (phone tap) evidence because its inadmissibility is a major factor in being unable to bring charges in terror cases. Liberty has given evidence to the Government’s Privy Council review on intercept evidence.

• Allow post-charge questioning in terror cases provided that the initial charge is legitimate and there is judicial authorisation and oversight. This will allow for a charge to be supplemented with further offences at a later stage.

• Hire more interpreters: Prioritise the hiring of more foreign language interpreters to expedite pre-charge questioning and other procedures.

• Add resources: More resources for police and intelligence services.

Contact: Jen Corlew on 0207 378 3656 or 0797 3 831 128

Notes to Editors

1. The ComRes omnibus poll was conducted in November 2007 and 285 MPs were questioned.  The data are weighted to reflect the exact composition of the House of Commons in terms of party and region.To view the findings in full, contact jenc@liberty-human-rights.org.uk

2. On 11 December 2007 the Home Secretary gave evidence to the Home Affairs Select Committee on proposed anti-terror powers. Liberty submitted supplementary evidence to the Committee: “Terrorism pre-charge detention – the Government’s Proposals and the Civil Contingencies Act 2004.” In its evidence to the Home Affairs Select Committee, Liberty made clear that any legislation permitting a temporary extension of pre-charge detention limits in exceptional circumstances must build on, rather than weaken, the vital safeguards contained in existing legislation. For a copy of the evidence contact jenc@liberty-human-rights.org.uk

 3. On 6 December 2007 the Home Secretary announced new anti-terror proposals to be included in legislation to be introduced in early 2008.

4. Liberty ’s “The Real Consensus” list of media, politicians and opinion-makers who oppose the extension of pre-charge detention levels is available here.

5. In December 2007 Liberty formally launched its “Charge or Release” campaign to stop Government plans to extend the period terror suspects are held without charge.  Liberty is mobilising its members, the public and politicians to oppose any extension beyond the current 28-day detention period, which is nearly four times longer than that of most comparable democracies.   Liberty’s “Charge or Release” campaign adverts which compare pre-charge detention periods in 15 democracies will run in national newspapers and be displayed on billboards across London. For more information visit www.chargeorrelease.com

 6. On 12 November 2007, Liberty released a comprehensive study of terrorist pre-charge detention powers in 15 countries, including the United States, Spain , Russia , France and Turkey . The International Charge or Release study, based on advice and assistance from lawyers and academics around the world, demonstrates that the existing 28-day limit already far exceeds equivalent limits in other comparable democracies. Some countries have very similar criminal justice systems to the UK , making comparisons straightforward. No two legal systems are exactly the same but difficulties in drawing comparisons can be over-played. None of these permits pre-charge detention for anything as long as 28 days. In countries that do not have the exact concept of “pre-charge detention”, like France and Germany, lawyers who contributed to Liberty’s International Charge or Release study qualified in those jurisdictions have identified the closest equivalent.