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A secret French-style system of justice is being planned by the Government in a bid to make it easier to convict terrrorist suspects.
Tony Blair and his closest advisers have ordered Whitehall to examine introducing a version of the French "inquisitorial" in which magistrates and judges hear witnesses and evidence.
The move came as Downing Street was forced to rebuff reports that charges of treason could be brought against religious fanatics.
The introduction of an "inquisitorial" system would be the first break in the traditional English "adversarial" system in which prosecution and defence counsel compete to persuade a jury of a person’s innocence or guilt.
The new style system would apply to pre-trial hearings in terrorist cases and is designed to enable more secret intelligence information against suspects to be used in evidence.
"We are already examining a new court procedure which would allow a pre trial process," Tony Blair said in Downing Street last Friday.
The new system would involve a cadre of judges who had been vetted so they could examine intelligence information against suspects sitting in secret. The defendant would be represented by specially appointed advocates but the suspects would not be made aware of the secret intelligence information against them.
Under the system the judge would be responsible for assembling a fair and answerable case against the suspect. The judge would have access to both sensitive and non-sensitive material including evidence gained from phone taps.
The proposed system would be a means of getting round objection to phone tap evidence being given in open court. Opponents of allowing phone tap evidence to be given in court claim it will potentially damage intelligence sources and reveal their techniques.
After the judge has assembled the case, the suspect would be tried in a conventional way by a different court.
The proposals have attracted a mixed reaction. Peter Carter QC, the chairman of the Bar’s human rights committee, said: "I can see there is certainly room for extending the pre-trial holding of suspects for longer than 14 days.
"To have it overseen by a judge - probably a High Court judge - I think that is a good idea. The security clearance will not be a problem. What it cannot do is take place entirely behind closed doors without the accused’s lawyer having the right to make representations."
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