House of Lords House of Commons

Session 2007-08 House of Lords Publications on the internet House of Commons Publications on the internet Joint Committee on Human Rights Publications

Joint Committee on Human Rights - Thirtieth Report Here you can browse the report together with the Proceedings of the Committee. The published report was ordered by the House of Lords and the House of Commons to be printed 7 October 2008. Contents Terms of Reference Summary 1  Introduction Background Recent developments: concerns of international monitoring bodies 2  Pre-charge Detention Background The PACE Report on 42 Days Is there a current need to extend pre-charge detention to 42 days? The "growing" threat from terrorism The use made of the 28 day period Conclusion on necessity The adequacy of the safeguards (1) The threshold: a "grave exceptional terrorist threat" (2) Parliamentary scrutiny (3) Parliamentary review (4) Judicial safeguards (5) Judicial review (6) Independent legal advice (7) Notification of Committee Chairs Conclusion on adequacy of safeguards Conclusion 3  A framework for derogation from the right to liberty in a genuine emergency The emergency scenario The human rights law framework for derogating The domestic law framework for derogating The human rights case for a specific framework for derogating from the right to liberty The precedent: derogating control orders A framework for future derogation Amendments to the Bill 4  Coroners Inquests Background The Explanatory Notes Compatibility with Article 2 ECHR 5  Recommendations and amendments relating to other matters Background Pre-Charge Detention: Strengthening the judicial safeguards Pre-Charge Detention: Strengthening the parliamentary safeguards Lowering the Charging Threshold Bail in Terrorism Cases Post-Charge Questioning Control Orders Priority of prosecution Deprivation of liberty Due process Maximum duration of control orders Disclosure of information involving the intelligence services Annex 1: Proposed Committee amendments Pre-Charge Detention: 42 days Derogation from the right to liberty Pre-Charge Detention: Strengthening the judicial safeguards Pre-Charge Detention: Strengthening the parliamentary safeguards Lowering the Charging Threshold Making Bail Available in Terrorism Cases Post-Charge Questioning Control Orders Priority of prosecution Deprivation of liberty Due process Maximum duration of control orders Coroners' inquests Disclosure of information involving the intelligence services Annex 2: Pre-Charge Detention: Six Key Safeguards Compared Appendices Appendix One: Letter from Rt Hon Jacqui Smith MP, Home Secretary, dated 5 June 2008 Formal Minutes Reports from the Joint Committee on Human Rights in this Parliament

© Parliamentary copyright 2008	Prepared 8 October 2008