Leading article: Undesirable and unproven

News in pictures
News in pictures
Opinion blogs

Why David Cameron owes unemployed single mothers an apology

How would you describe an unemployed single mother, with moderate depression, who can't afford new s...

Mandelson’s Plan for Europe

Peter Mandelson’s short speech in the House of Lords yesterday was a fine contribution to the ...

Can we shop our way out of a recession?

The idea that a lot of shopping translates into a healthy economy is dubious. On the three prior oc...

The prospect of 90-day detention without charge for terror suspects has made an unwelcome return to the political agenda. Three of the most senior members of the Government - Tony Blair, Gordon Brown and John Reid - have all indicated in recent days that they want to see a dramatic extension of the police's powers in this respect. Legislation is expected soon.

This is odd because no new justification for such an infringement of our civil liberties has emerged since the Government's failed attempt to push this draconian piece of legislation though Parliament last year. We have learnt of no instances in which the requirement for the police to charge or release a suspect within four weeks - the present limit - presented a potential danger to the public.

In the absence of any new security justification for the re-emergence of this issue, we are left with the unsavoury taste of a government exploiting the threat of terrorism for party political advantage. It is hard not to suspect that the scramble by senior ministers to profess their belief in the need for 90-day detention is an attempt to portray the Conservatives, who have consistently opposed the new police powers, as being "soft" on terrorism.

Even Lord Goldsmith, the Government's chief legal adviser, has admitted that he is not convinced of the need for 90-day detention. Lord Goldsmith is, however, in favour of granting the police new powers in other respects. He argues they should be allowed to interview suspects after they have been charged. This is a more complex proposition. Allowing for a greater degree of post-charge questioning for suspects would undoubtedly be preferable to extending their detention without charge. But it would still be undesirable.

Under the 1984 Police and Criminal Evidence Act, a suspect cannot be interviewed after they have been charged, except under special circumstances. There is a reason for this. There is a danger that suspects can be charged with relatively minor offences and then harassed by police to admit to graver ones. We have seen in the past five years how the police have arrested people under anti-terrorism legislation but eventually charged them with unrelated immigration offences. This should serve as a warning of how new police powers introduced in the name of combating terror can be abused.

Ultimately, handing sweeping new powers to the police is not the key to thwarting terrorism in Britain. Amid the growing political clamour, we must remember that those involved in plotting to murder their fellow citizens can be brought to trial in the traditional way - and under existing laws.

Independent Comment
blog comments powered by Disqus
Career Services

Day In a Page

Lost in the landscape: Wilderness and wildlife in Australia’s Top End

Wilderness and wildlife in Australia’s Top End

This sparsely populated region is home to creatures that are both fantastic and formidable
48 Hours: Marrakech

48 Hours: Marrakech

From the ancient medina to the Palmeraie, Morocco's Rose City offers a warm escape from the cold of winter.
Bear with Bern for Swiss skiing

Bear with Bern for Swiss skiing

Stephen Wood arrives at the gateway to the Bernese Oberland with plenty of respect for the slopes and the city's ursine inhabitants.
Dawn of the age of wireless medicine

Dawn of the age of wireless medicine

New technology means doctors will soon be able to regulate and monitor drug intake remotely – as long as patients remember to swallow their chips
Pete Doherty: I was a bit unhinged

Pete Doherty: I was a bit unhinged

Former Libertine talks frankly and exclusively about Kate Moss, Amy Winehouse, his baby daughter and why he paints with his own blood
Brown makes £1m since leaving No 10 (but Blair's still the leading earner)

Brown makes £1m since leaving No 10...

... but Blair's still the leading earner
The West Bank's Bobby Sands

The West Bank's Bobby Sands

Khader Adnan's two-month hunger strike has made him a hero among Palestinians outraged by Israel's policy of arbitrary detention
Hey, You've got to hide your drug away

Hey, You've got to hide your drug away

Paul McCartney has given up smoking dope. Simon Usborne charts a career of highs and lows
The 50 Best lights

The 50 Best cheap eats

The top spots for breakfast, lunch and dinner
MI5 helped US in fruitless search for Charlie Chaplin's Communist past

Investigating Charlie Chaplin

MI5 helped US in fruitless search for star's Communist past
Eat, drink, man, woman: Is there such a thing as a gastronomic gender divide?

Is there such a thing as a gastronomic gender divide?

A dainty piece of sushi for the lady? And perhaps a rare steak for the gentleman?
A very good cuppa: Some of our best restaurants are embracing the afternoon tea tradition

A very good cuppa: Restaurants embrace afternoon tea tradition

You don’t have to visit a tourist trap, says Luke Blackall
The 10 Best Juicers

The 10 Best Juicers

From the Bistro drip-stop to Cook's Essentials' retro juicer...
How to make cheese in a matter of minutes

How to make cheese in a matter of minutes

You won't even need to go to the shops for supplies, as Will Dean discovers.
The day I danced for a place in Danny Boyle's Olympics spectacular

The day I danced for a place in Danny Boyle's Olympics spectacular

Tom Peck auditioned for the London 2012 opening ceremony. But was he asked back?