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Goldsmith terror detention doubt Goldsmith terror laws quit threat
(19 minutes later)
Ex-Attorney General Lord Goldsmith has told MPs he is "not persuaded" of the need to extend detention without charge beyond the current 28 day limit.Ex-Attorney General Lord Goldsmith has told MPs he is "not persuaded" of the need to extend detention without charge beyond the current 28 day limit.
And he said he would have resigned had Tony Blair's government succeeded with their attempts at 90 day detention.And he said he would have resigned had Tony Blair's government succeeded with their attempts at 90 day detention.
He told MPs Mr Blair was "aware of my concerns" but he had not wanted to put the then PM "over a barrel".He told MPs Mr Blair was "aware of my concerns" but he had not wanted to put the then PM "over a barrel".
Ministers say "the time is right" to extend the 28 day limit for detaining terror suspects without charge.Ministers say "the time is right" to extend the 28 day limit for detaining terror suspects without charge.
Lord Goldsmith, who quit as attorney general when Gordon Brown took over as prime minister, was giving evidence to the Commons home affairs committee.Lord Goldsmith, who quit as attorney general when Gordon Brown took over as prime minister, was giving evidence to the Commons home affairs committee.
He told the MPs: "If the 90 day proposal had come from the Commons unamended, I would not have found it possible to vote for it."He told the MPs: "If the 90 day proposal had come from the Commons unamended, I would not have found it possible to vote for it."
'Arbitrary' limit
He said his view was based on the evidence he had seen when he was in government and he accepted the situation could have changed.He said his view was based on the evidence he had seen when he was in government and he accepted the situation could have changed.
"I didn't see any evidence during my time to indicate that longer than 28 days was necessary," he told MPs."I didn't see any evidence during my time to indicate that longer than 28 days was necessary," he told MPs.
Our experience has been that 28 days has suited us quite nicely Sir Ken MacDonald, director of public prosecutions
That included the case most often cited by the government, an alleged airline terror plot, when questioning reportedly went "right up to the wire," said Lord Goldsmith.That included the case most often cited by the government, an alleged airline terror plot, when questioning reportedly went "right up to the wire," said Lord Goldsmith.
He said any figure on detention was "arbitrary" but he thought 28 days was "right".He said any figure on detention was "arbitrary" but he thought 28 days was "right".
Lord Goldsmith said post-charge questioning, which is also being considered, could remove further the need for an extension.Lord Goldsmith said post-charge questioning, which is also being considered, could remove further the need for an extension.
But he also warned against "browbeating" suspect and "continually questioning them when there isn't any new material at all". But he also warned against "browbeating" suspects and "continually questioning them when there isn't any new material at all".
'Hypothetical cases'
Tony Blair suffered his first Commons defeat as prime minister in 2005 when MPs voted to reject 90 day detention.Tony Blair suffered his first Commons defeat as prime minister in 2005 when MPs voted to reject 90 day detention.
Sir Ken MacDonald, the director of public prosecutions, also cast doubt on the government's proposals.
He said he had asked for more time for police to question suspects when the limit was 14 days - but he would not be asking the government to extend it beyond 28 days.
"There are reasonable arguments for detention and I respect those arguments. Our experience has been that 28 days has suited us quite nicely," Sir Ken told the MPs.
He said it was up to MPs whether they extended detention beyond 28 days but it would be based on "hypothetical cases".
He also suggested prosecutors may have difficulty convincing a judge to extend detention, even if the legal maximum was increased.
"If after 25 or 26 days you couldn't find a reasonable suspicion to justify a charging decision it might be quite difficult for a prosecutor to persuade a court," said Sir Ken.