moved Amendment No. 24:
24: Clause 25, page 18, line 29, leave out subsections (2) to (4) and insert—
““( ) A district judge (magistrates’ courts) may authorise the questioning of a person about an offence—
(a) after the person has been charged with the offence or been officially informed that they may be prosecuted for it, or
(b) after the person has been committed for trial for the offence,
if the offence is a terrorism offence.
( ) The judge—
(a) must specify the period during which questioning is authorised, and
(b) may impose such conditions as appear to the judge to be necessary in the interests of justice, which may include conditions as to the place where the questioning is to be carried out.
( ) The period during which questioning is authorised—
(a) begins when questioning pursuant to the authorisation begins and runs continuously from that time (whether or not questioning continues), and
(b) must not exceed 48 hours.
This is without prejudice to any application for a further authorisation under this section.
( ) Where the person is in prison or otherwise lawfully detained, the judge may authorise the person’s removal to another place and detention there for the purpose of being questioned.
( ) A district judge (magistrates’ courts) must not authorise the questioning of a person under this section unless satisfied—
(a) that further questioning of the person is necessary in the interests of justice,
(b) that the investigation for the purposes of which the further questioning is proposed is being conducted diligently and expeditiously, and
(c) that what is authorised will not interfere unduly with the preparation of the person’s defence to the charge in question or any other criminal charge.””
On Question, amendment agreed to.
[Amendments Nos. 25 and 26 not moved.]
Clause 26 [Recording of interviews]:
Counter-Terrorism Bill
Proceeding contribution from
Lord West of Spithead
(Labour)
in the House of Lords on Tuesday, 4 November 2008.
It occurred during Debate on bills on Counter-Terrorism Bill.
About this proceeding contribution
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705 c185 Session
2007-08Chamber / Committee
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