Grab an Italian masterpiece for less
Only rarely does a proposal on legal reform win the support of such diverse organisations as the Conservative Party, the civil liberties group Liberty, legal experts and government ministers. The Prime Minister's announcement that he accepts the findings of the seven-month Chilcot Review, and is “minded” to allow phone-taps and intercepts to be used as evidence in court, is likely, therefore, to lead to a swift and welcome change that would bring British legal practice in line with almost every other Western country. It is a change for which this newspaper has long called, to overcome the anomalies that have arisen, especially in the prosecution of terrorist cases, and the unnecessary obstacles that have made convictions more difficult. Had intercept evidence been permissible in court, the outcome of the Omagh bombing investigation might have been very different; nor, perhaps, would the Government have been forced to tie itself in legal knots to detain a handful of foreign terrorist suspects in Belmarsh prison indefinitely and without trial.
Chilcot makes four points that are incontrovertible: there is an overriding imperative to safeguard national security; all trials must be procedurally fair; the State should, whenever possible, prosecute those it believes are involved in terrorism or other serious crimes; and in any criminal prosecution the best available evidence should be made available to the court. One objection to using the evidence of intercepts is that tapes or covert surveillance could be doctored. This is hardly compelling, and in any case the evidence, like any other, must be tested in court. Of much greater significance is the adamant opposition of the security services and police, which insist that the use of intercepts would reveal details of surveillance operations and techniques.
This objection must be taken seriously. Mr Brown told the Commons that “further extensive work” must be done to protect intelligence sources. But this could be done in many ways. Although defence counsels could demand to know how evidence was gathered, a judge could rule that any such disclosure should be made in camera. There is, moreover, no obligation on the intelligence agencies to transcribe material beyond a standard of detail deemed necessary. Nor should they be compelled to give up control over whether their material is used in prosecutions.
If, however, the police or MI5 overhear the details of a terrorist atrocity being planned, it is absurd that such vital intelligence can be used only to thwart an operation, and that the police must then look for other “admissible” evidence if they wish to bring a prosecution. This could take a long time - one reason why ministers want to extend detention of terror suspects beyond 28 days. Such an extension may often not be necessary if the intercept evidence can be produced.
At present, anomalies on the use and scale of phone intercepts abound. It is, however, pure coincidence that Chilcot comes at the same time as the row over the bugging of MPs and prisoners, which is a wholly separate matter. GCHQ, the government listening agency, argued that no change would pass the test of doing more good than harm. Clearly, it will find it harder and more costly to keep its interceptions covert. But continuing to give intelligence agencies a veto would delay indefinitely a change that makes it easier to prosecute the most dangerous terrorists and keep them away from society for years. That is how Britain can be best protected and why Chilcot is clear, compelling and right.
Industry sectors news at a glance. Interactive heatmap, video and podcast
Everything the Business Traveller needs to know to make a better trip
Get ready for the winter sports season, with our resort guides and snow reports
We are backing British business, what is the confidence of the nation and what businesses are succeeding?
Growing demand for energy, oil that is harder to reach and the rise of carbon dioxide emissions. We examine the energy challenge
With rail travel in Europe on the rise, we review the benefits of travelling by train
Enjoy further reading from Travel to Fashion, Business to Sport, discover more
Shortcuts to help you find sections and articles
1998
£47,955
12 months for the price of 11 and a 5% discount.
Offer ends 31/11/09
Check your free Experian credit report before applying
Car Insurance
to £60K + bonus (OTE £90k)
Lord Search & Selection
Location Flexible
PwC’s Consulting practice helps businesses of all shapes
and sizes work smarter and grow faster.
£85k
CPA
Highly Competitve
Specsavers
Whiteley, near Southampton
Moments from Battersea Park.
For sale with Winkworth
Find out about shared ownership.
See your free Experian credit report beforehand
Book now & save over £100pp.
11 cool resorts, lowest prices... Early Booking offers 15 Nov.
20% off selected Azores holidays taken in October with Sunvil Discovery
Get covered on your travels with a superb range of policies at great prices. Visit InsureandGo.com
World Class Golf, Spa and preferential Beach Club. Private estate overlooking West Coast
Villas from £275 per night inclusive of Golf
Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times, or place your advertisement.
Times Online Services: Dating | Jobs | Property Search | Used Cars | Holidays | Births, Marriages, Deaths | Subscriptions | E-paper
News International associated websites: Globrix Property Search | Milkround
Copyright 2009 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.To inquire about a licence to reproduce material from Times Online, The Times or The Sunday Times, click here.This website is published by a member of the News International Group. News International Limited, 1 Virginia St, London E98 1XY, is the holding company for the News International group and is registered in England No 81701. VAT number GB 243 8054 69.