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Detention without charge

Monday, 31 Mar 2008 09:01

Detention without charge

Monday, 31 Mar 2008 09:01
Govt plans to extend detention to 42 days
The government's plans to extend the period for detention without trial of terror suspects could face a legal challenge over concerns it breaches human rights law.

The equality and human rights commission (EHRC) has signalled it will use its powers to seek a judicial review of the forthcoming legislation, which receives its second commons reading tomorrow.

It says a "positive and compelling case" must be made before ministers can extend the period for detaining terror suspects without charge.

The EHRC raises concerns extending pre-charge detention could breach the European Convention on Human Rights and says Muslims are most likely to be affected.

Ministers' plans have also suffered a setback following the intervention of Lord Dear, the former chief inspector of constabulary.

He writes today that changing the law would be a "propaganda coup" for al-Qaida.

The government maintains it is necessary to introduce the legal framework for holding terror suspects for up to 42 days and it argues the present 28-day limit could be insufficient in the future.

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