Sean O’NeillCrime and Security Editor
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Anti-terrorist police have come close in the cases of six suspects to needing more than 28 days to detain them, the former head of Scotland Yard said yesterday.
Lord Stevens of Kirkwhelpington, the former Commissioner of the Metropolitan Police who is an adviser to both Gordon Brown and David Cameron, said that the police needed to have the power “in their back pocket” to hold someone for up to 42 days in “exceedingly exceptional circumstances”.
“It is the duty of those of us who have been on the front line – losing sleep, working through the night on these cases to thwart attacks – to put forward the argument for this extra power,” said Lord Stevens, who has also investigated police corruption in Northern Ireland.
“We have achieved considerable success against al-Qaeda, but we cannot take our eye off the ball. The dangers that are out there now are not going away. In a very few cases, and I suspect it will be a small number, the police service will need this power.”
Lord Stevens, who left the Met in 2005, was angry that the security case for extended detention had been undermined by the “outrageous abuse” of surveillance powers to spy on litter louts, benefit cheats and petty offenders. “For local councils to be using such powers brings the whole security issue into disrepute,” he said.
He also echoed the fears of police colleagues that government amendments had made the procedure for triggering extended detention convoluted. Lord Stevens said: “When you’re dealing with a complex operation, deploying hundreds of surveillance officers and making delicate operational judgments, the last thing you need is a procedure that is too complex. My plea is for Parliament to make the system as simple as possible.”
With Scotland Yard and MI5 cautious about becoming involved in a rancorous political argument, Lord Stevens’s last-minute intervention in the 42-day debate is highly significant. In a police career spanning four decades he had direct experience of tackling the IRA and al-Qaeda but also confronted abuses perpetrated by some of the security agencies in Northern Ireland. He said: “I have seen at first hand the results of people abusing the powers available to them. Perhaps more than anyone in this debate I understand the fear that people have about the abuse of power.”
Lord Stevens did not speak in support of the 90-day detention proposal, which was defeated in 2005, but said that there was now a powerful case for going beyond the current 28-day limit. “I don’t look at it as 42 days and I would not support an automatic jump from 28 to 42 days. But there will be really exceptional cases where the Police Service will need to go beyond 28 days.”
Lord Stevens was at Scotland Yard when Dhiren Barot and seven other men were arrested in August 2004 after the discovery of a plot to bomb buildings in London and New York. In the first days of the inquiry, code-named Operation Rhyme, police seized hundreds of computers, hard drives, memory sticks and discs that had to be examined within the 14 days that suspects could then be held for.
He said: “We sent the encrypted material to every possible agency – from GCHQ onwards – and they struggled to get into it. By the twelfth day we had accessed less than 10 per cent of the computers but we just, only just, got enough to charge Barot within the time. It was on the edge.” All eight men later pleaded guilty or were found guilty and the investigation proved the trigger for extending detention without charge from 14 to 28 days.
Lord Stevens said: “The law at that time was not sufficient to deal with the complexity of the case. But things have moved on since my watch. The technology is more advanced, the investigations are more complex and we are at the stage where we need to legislate. It is not good to look back in the business of terrorism. It is the duty of government, police and the security services to look to the threats of the future.”
The former commissioner said that he strongly disagreed with Sir John Major, who wrote in The Times last week that the 42-day power was unnecessary in dealing with a terror threat no more potent than that posed by the IRA. “The aim of al-Qaeda is to inflict mass casualties, they don’t mind how many people they murder and maim, they don’t mind who the victims are,” Lord Stevens said.
“The IRA killed people but it did not operate on the scale of mass destruction that is al-Qaeda’s objective. The threat is vastly different. I’ve got a lot of respect for Sir John Major, but I just wonder if he was slightly missing the point in terms of the threat we face.”
Lord Stevens also decried the descent into party politics of a debate that should have been about security. He added: “As a crossbencher I will be making a plea that this issue does not become further politicised.”
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Interesting to hear the noise that alqeada are recruiting white boys now. Next proposal a detention camp to round up all western suspects, feels like a brave new world.
dan, Liverpool, uk
"The British police are incompetent and inefficient."
<br/>
<br/>Based on what? Your mindless bias? Or do you have experience of counter-terrorism? British police are the most accountable and monitored in the world and most experienced at C-T.
<br/>What's the point in being so baselessly biased?
Darren, London, UK
42 days detention! What a load of old balony. Browns just proving how inneficient British Police are (with all modern technology at hand,) compared to most every civilised countries. Just look at America 2 days to prove a persons guilt. Maybe why laour Gov. wont give Police their full pay award??
Stan Embling, Scunthorpe, England...UK
Simon de Verre
Our terrorist arrest and conviction rate is nearly half the EU total. We are not convicting the innocent. We are more at risk because some of our population produce/ support terrorists.
Doing nothing is not an option in the face of plots like Barots to
explode a dirty bomb.
Richard, Chard, UK
I notice that the article leaves out the fact that Barot said that he had hoped to use a dirty bomb. A major city radioactive for how long??? Most of Europe is able to detain for a long time on suspicion. It isn't a police failing. Our law does not provide for preventing crime.
Richard, Chard, UK
Strange that no serving Chief Constable has come out in favour of 42 days
Mike, Gravesend, England
It's not the detention period that's the problem; it's the lack of judicial oversight. Once the Police have 42 days, theyll use it when it suits them, rather than when it really needs to be used. With the sufficient oversight and compensation for unjustified imprisonment, 42 days could work.
Ben, Wilmslow, England.
If the government and police had not created such a paranoid state, where people don't trust anyone, least of all the government, then maybe they would get more public support on this. But as it is, we just assume the government will abuse it's power.
Arthur, Newcastle,
In many Eu countries detention without being charged can be up to a year. This detention IS compatible with the Human Rights Act legislation. Why are we arguing for making Terrorists life easier here?
andy, london,
Funny how all these "we need it" stories come out on the day of the vote when ol Gord needs it most. If he loses this vote he is in so much trouble
tim, london,
It matters not if Lord Stevens is right. Of course terrorists can kill people, though only we can give them victories.Stand firm.Should we really consider imprisonment without trial for 42 days because one slavering terrorist might escape.Where does it end?
robert everitt, wolverhampton,
Democracy is not about making life easier for the authorities to detain us without evidence of doing any wrong. This measure is a reflection of the total collapse in ethics and quality in the security services and government. No respectable nation in the world has powers like this proposal.
colin, Glasgow, UK
Parkinson's Law: Work expands to fill the time available !
(Perhaps they have a copy of the book in the HoL Libriary ?)
Peter Hooper, Windsor, UK
Unbelievable. If you don't have enough evidence to charge someone, why are they being arrested in the first place?
Much as I dont want other attacks to happen, we cannot destroy our notions of justice due to fearmongering.
And look at how the current regulations have already been abused.
Nick Ambrose, Los Angeles, USA
Lord Stevens makes comment in the 11th hour prior to Mr Brown about to lose the vote.
Is it politically motivated?
Mike, Gravesend, England
28 days is more than sufficient, and three times more that most European countries need.
The British police are incompetent and inefficient.
They need to put their own house in order before demanding the sacrifice of yet another liberty.
The vote should be NO.
Simon DeVerre, Sheffield, UK
I can just see the newspaper headline now: "The police have been on the limit of the 42 day detention period several times" as we are pressurised into accepting 90 days. Of course, it's only for terrorists (isn't it...?...wasn't it...?!).
Steve, Panama City, Panama
Right out to the limit, eh? "A lawyer on the case has told Liberty that the evidence used to charge two suspects at the end of the 28-day period was obtained by police within four and 12 days respectively." Stevens claims not to be political but charges in at the last moment with a pork pie.
richard, horley,
I hear on the radio this morning that Labour backbenchers are being urged to vote for this bill because Gordon's had enough setbacks recently and doesn't need another one. Well blow me down - let's throw away principles we fought wars over to make the Prime Minister feel better.
Bernard Harper, Sydney, Australia
Hard cases make bad law is a very old wise saying. The police have a vested interest in more and stronger laws because it may make their life easier. This 42 day detention (almost 1.5 months) won't be used much to begin with but that'll change eventually as cops get lazier and even more incompetent.
Tom, Reading,