Terror legislation: The 90 days battle

Today, Tony Blair faces trial by Parliament over plans to extend the detention of terror suspects without charge. Here, we test his case

1: Today's terrorism is different because attacks do not have political aims and are designed to cause mass casualties, with no warning, involving suicide bombers

Retired senior judge Gerald Butler states: "The mere fact a threat is "completely different" is, of itself, no justification for an extension in the detention laws. But it is true we face a new and terrifying threat in this country."

Shami Chakrabati, director of Liberty, responds: "The notion of the "gentleman northern-Irish paramilitary" is beginning to rankle . Sweeping statements about exceptional times and measures provide inadequately rigorous justification for a wholesale departure from the rule of law."

Bob Ayers, former US intelligence officer and associate fellow at the London-based think-tank Chatham House, says: "There seems to be an assumption that adopting new ways of working takes six times longer hence the need to hold a suspect 5 times longer (14 days to 90 days). What evidence do the police offer to substantiate claims that new ways of working take longer?"

2: The terror networks are spread right across the world, needing lengthy multi-jurisdictional investigations

Butler: "This is plainly so. But I do not believe that reason alone would justify a lengthy extension."

Chakrabati: "This applies to all kinds of non-terrorist crime from child abduction and abuse to complex fraud"

Ayers: "Is there an implication that the time in pre-charge detention needs to be extended for all these internationally based crimes?"

3: Terrorists will often use forged, stolen documents and it is more difficult to establish many of their true identities

Butler: "This is not a strong argument. In some cases, identity will never be established."

Chakrabati: "The need to be absolutely certain of the true birth identity of a suspect is over-rated."

Ayers: "A person can be charged without knowing identity. Are the police suggesting they can't charge a murderer, caught with smoking gun, until they determine his name?"

4: It is harder to find interpreters to assist with police interviews because the suspects often come from remote parts of the world

Butler: "Scraping the barrel. This problem of interpreters has been with us for years and, in my experience, overcome."

Chakrabati: "I am not surprised it is difficult to recruit Arabic and other interpreters. Stop alienating Muslims and it may become easier."

Ayers: "The UK has more than 1.6 million Muslims. It is difficult to envision why finding translators is such a problem. It is attributable to the police to allocate funds to hire translators.

5: Modern terrorists rely on computer technology which often means detectives have to decrypt thousands of documents

Butler: "This does appear to have some merit and I would not be prepared to dismiss it."

Chakrabati: "Double the resources and halve the time with which you can analyse data. Halt the identity card folly and divert billions of pounds into direct police and intelligence budgets.

Ayers: "The increasing use of technology by many criminals, not just terrorists, should serve as a warning that the police need to acquire the technology.

6: The forensic burden has become greater. It took two weeks before officers could examine a "bomb factory" in Yorkshire after 7 July

Butler: "An argument which, on the face of it, appears to have some merit."

Chakrabati: "This debate is about coming up with charges - the bare minimum of a case. An investigation need not stop at the point of charge."

Ayers: "Unfounded - the bombers of July were dead and the investigation could have taken months without worrying about when to charge. The question is how long does it take to gather sufficient information to charge a suspect?

7: The terrorists' reliance on mobile phones means that officers have to retrieve data from handsets and service providers

Butler: "I am unable to see why it can't be done speedily and within 90 days."

Chakrabati: "The bulk of reliable intelligence comes from listening in on phone conversations. It is ludicrous that this material can't be used in court."

Ayers: "It takes a service provider almost no time at all to provide call records."

8: Police must now observe the religious rights of detainees which can delay the investigation during pre-charge detention

Butler: "I am unimpressed by this point.

Chakrabati: "This one really scrapes the barrel. Devout Muslims perform a whole host of employments not withstanding regular prayers. "

Ayers: "It is difficult to understand that, given life-or-death nature of terrorism, the suspect would be granted time to perform religious observances in custody."

9: Because there are a limited number of law firms that represent suspects there are delays while one lawyer consults with multiple clients

Butler: "Again, has been a feature of many prosecutions, in particular, drug-related offences, for years."

Chakrabati: "About as compelling as the 'too much praying' argument."

Ayers: "The issue under consideration is how long a suspect should be detained without charge, not how long it takes a solicitor to represent his clients."