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| Court law 'hinders terror police' | Court law 'hinders terror police' |
| (10 minutes later) | |
| The government should review the Contempt of Court Act, the UK's former top anti-terror police officer says. | The government should review the Contempt of Court Act, the UK's former top anti-terror police officer says. |
| Peter Clarke said the law, designed to ensure fair trials by limiting reporting of cases, made it harder for anti-terrorism police to do their jobs. | Peter Clarke said the law, designed to ensure fair trials by limiting reporting of cases, made it harder for anti-terrorism police to do their jobs. |
| He said if they could not fully explain their actions, it made it difficult for communities to have confidence in them. | |
| The Criminal Bar Association disagreed with Mr Clarke, saying the law "should not constitute a problem" for police. | |
| The Contempt of Court Act became law in 1981. | The Contempt of Court Act became law in 1981. |
| It says once someone has been arrested, any kind of publication that creates "a substantial risk that the course of justice... will be seriously impeded or prejudiced" is a criminal offence, regardless of intent. | It says once someone has been arrested, any kind of publication that creates "a substantial risk that the course of justice... will be seriously impeded or prejudiced" is a criminal offence, regardless of intent. |
| This affects what the media can publish or broadcast and what the police can say. | This affects what the media can publish or broadcast and what the police can say. |
| There seems to be a presumption that juries are not capable with dealing with the information that's put before them Peter Clarke class="" href="http://newsforums.bbc.co.uk/nol/thread.jspa?forumID=6695&edition=2">Send us your comments | |
| Mr Clarke headed the Metropolitan Police's Counter Terrorism Command until last year. | |
| In an exclusive interview with BBC Radio 4's The World This Weekend, Mr Clarke, who is the former national co-ordinator for terrorism investigations, said he believed there was a link between "the application of the act and the potential effectiveness of counter-terrorism policing". | In an exclusive interview with BBC Radio 4's The World This Weekend, Mr Clarke, who is the former national co-ordinator for terrorism investigations, said he believed there was a link between "the application of the act and the potential effectiveness of counter-terrorism policing". |
| He said: "It's fundamental to any type of policing that communities must have confidence in what the police are doing. | He said: "It's fundamental to any type of policing that communities must have confidence in what the police are doing. |
| "All too often, though, it's been two or even three years before we've been able to explain to communities why certain actions were carried out. | "All too often, though, it's been two or even three years before we've been able to explain to communities why certain actions were carried out. |
| "If that happens, it's going to be far more difficult for those communities to actually have confidence in the police, to have the confidence to come forward with intelligence and information which could be absolutely vital." | "If that happens, it's going to be far more difficult for those communities to actually have confidence in the police, to have the confidence to come forward with intelligence and information which could be absolutely vital." |
| In January 2003 the police raided a mosque in Finsbury Park, north London. | In January 2003 the police raided a mosque in Finsbury Park, north London. |
| 'Negative impact' | 'Negative impact' |
| At the time, it had long been associated with extremists but, nonetheless, raiding a place of worship was controversial. | At the time, it had long been associated with extremists but, nonetheless, raiding a place of worship was controversial. |
| Peter Clarke said because of active ongoing investigations and the ensuing court cases, he was unable to give a full explanation for the raid until three years later. | Peter Clarke said because of active ongoing investigations and the ensuing court cases, he was unable to give a full explanation for the raid until three years later. |
| He said he believed this had had an impact on policing. | He said he believed this had had an impact on policing. |
| "I know this is obviously controversial but it did mean that we actually had to skew the conduct of operations to take account of the sorts of criticisms that we'd been subject to but been unable to counter because of what we couldn't say about forthcoming cases," he said. | "I know this is obviously controversial but it did mean that we actually had to skew the conduct of operations to take account of the sorts of criticisms that we'd been subject to but been unable to counter because of what we couldn't say about forthcoming cases," he said. |
| Police could not say why they raided a London mosque for three years | Police could not say why they raided a London mosque for three years |
| Mr Clarke fears that by not being able to paint a full picture for the public, the door can be left open to be exploited by extremists and the police are unable to respond. | Mr Clarke fears that by not being able to paint a full picture for the public, the door can be left open to be exploited by extremists and the police are unable to respond. |
| He said: "There seems to be a presumption that juries are not capable with dealing with the information that's put before them, incapable of deciding whether something is probative or prejudicial to a defendant. | He said: "There seems to be a presumption that juries are not capable with dealing with the information that's put before them, incapable of deciding whether something is probative or prejudicial to a defendant. |
| "Juries are the bedrock of our judicial system - we need to cherish them and, most importantly, we need to trust them." | "Juries are the bedrock of our judicial system - we need to cherish them and, most importantly, we need to trust them." |
| The government has not responded to Mr Clarke's calls for a review, but says the Contempt of Court Act is designed to ensure that a fair trial can be held. | The government has not responded to Mr Clarke's calls for a review, but says the Contempt of Court Act is designed to ensure that a fair trial can be held. |
| 'High test' | 'High test' |
| The chairman of the Criminal Bar Association, Peter Lodder QC, told the BBC the law sought to achieve a balance between a fair trial and a fair press and he had not heard any other calls for a review of the act. | The chairman of the Criminal Bar Association, Peter Lodder QC, told the BBC the law sought to achieve a balance between a fair trial and a fair press and he had not heard any other calls for a review of the act. |
| "The point here is that they should not publish anything which constitutes a substantial risk of serious prejudice to the conduct of the trial," he said. | "The point here is that they should not publish anything which constitutes a substantial risk of serious prejudice to the conduct of the trial," he said. |
| I think the police should deny false reports, but I don't think you need to do away with the Contempt of Court Act Abdurahman Jafar Muslim Safety Forum | I think the police should deny false reports, but I don't think you need to do away with the Contempt of Court Act Abdurahman Jafar Muslim Safety Forum |
| "That is a high test and employing the words of those tests and using common sense, should not, in fact, constitute a problem." | "That is a high test and employing the words of those tests and using common sense, should not, in fact, constitute a problem." |
| Abdurahman Jafar, from the Muslim Safety Forum, which liaises with the police and British Muslims, said Mr Clarke was wrong. | Abdurahman Jafar, from the Muslim Safety Forum, which liaises with the police and British Muslims, said Mr Clarke was wrong. |
| He told the BBC that more information would only fuel the "media feeding frenzy" around these cases and lead to "an increase in isolation and criminalisation" within the Muslim community. | He told the BBC that more information would only fuel the "media feeding frenzy" around these cases and lead to "an increase in isolation and criminalisation" within the Muslim community. |
| "What we've seen is huge amounts of publicity when people are arrestedÂ… but when the individuals were either acquitted or the charges dropped there is absolutely no publicity whatsoever," he said. | "What we've seen is huge amounts of publicity when people are arrestedÂ… but when the individuals were either acquitted or the charges dropped there is absolutely no publicity whatsoever," he said. |
| "The result of that is that the wider public feel as though Muslims per se are a community of terrorists." | "The result of that is that the wider public feel as though Muslims per se are a community of terrorists." |
| Mr Jafar added: "I think the police should deny false reports, but I don't think you need to do away with the contempt of court act." | Mr Jafar added: "I think the police should deny false reports, but I don't think you need to do away with the contempt of court act." |
| The World this Weekend is broadcast on BBC Radio 4 at 1300 BST on Sunday 5 July. | The World this Weekend is broadcast on BBC Radio 4 at 1300 BST on Sunday 5 July. |