Written evidence to be reported to the House
Counter-Terrorism Bill
4:00 pm
Sir Ken Macdonald: I do not believe that judicial oversight is necessary, although that is a matter for Parliament. A difficulty with judicial oversight of the sort that you are suggesting is that it could significantly slow down the process. I imagine that the judge would be relatively reluctant to make an order of that sort until he was well seized of the case. We are envisaging here questioning that takes place fairly swiftly after charge. However, I do believe that some element of supervision would be desirable. It seems natural that the police should consult the prosecutor in the case, so that a decision can be taken on whether post-charge questioning in the circumstances of that case is appropriate. An element of supervision is desirable, but judicial supervision could slow the process down too much.