Clause 23
Counter-Terrorism Bill
9:15 am
Douglas Hogg (Sleaford and North Hykeham, Conservative)
I support the remarks of my hon. and learned Friend the Member for Beaconsfield and the hon. Member for Somerton and Frome on the need for some judicial intervention to permit post-charge detention questioning to continue. However, I would adopt the point that my hon. and learned Friend made about the status of the judge. I am by no means persuaded that it needs to be a High Court judge. My preference would be for at least a Crown court judge or the judge who is likely to have charge of the case.
As my hon. and learned Friend has pointed out, committal proceedings are now very rapid and case-management powers are much more fully developed than they were. It seems desirable in principle that the judge who will try the case, and who might already have made procedural orders in the context of the case, should also be asked to allow and regulate post-detention questioning. I adopt the principle of my hon. and learned Friend, but I think that a High Court judge is probably not required. At any rate, a Crown court judge is likely to be in charge of the trial.