Lord Carlile: I believe that post-charge questioning could be subject to a code of practice, or an amended code of practice, which would not require judicial supervision, as long as the code of practice was clear enough. Something similar to code C under the Police and Criminal Evidence Act 1984 could be used to regulate that procedure. My own view is that post-charge questioning is—this is contrary to what seems to be some people’s impression—very much not a silver bullet and will make limited difference to cases.

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