Counter-Terrorism Bill
12:00 pm
Dr. Eric Metcalfe: I do not think that we need to mix those two situations together. It is perfectly possible to use the threshold test in relation to the most serious kinds of charges, for example conspiracy to cause explosions, which is the standard charge that is brought against suspected terrorists, or incitement to commit murder. The threshold test applies equally to the most serious charges as to what we might call minor holding charges.
I think that everyone has a problem with the idea of applying a charge against a suspect for which there is not sufficient evidence; that is problematic. In a less problematic way, what a holding charge generally refers to is simply using another charge for which there is evidence to support the individual being charged against that individual while you prepare more serious charges, and nothing prevents more serious charges from being brought. If there is evidence to show that the person is also involved in encouraging terrorism, or I should say inciting terrorism, but you are also looking for evidence that they are actively involved in conspiracy to commit explosions, there is nothing that prohibits that person from being charged with the so-called lesser offence.