Blow to 42-day detention as Lord Advocate attacks plans

Published on Tuesday 10 June 2008 02:12

GORDON Brown last night suffered a fresh blow to his plans to extend the time terror suspects can be held without charge to 42 days as Elish Angiolini, the Lord Advocate, attacked the proposal.

As the Prime Minister braced himself for a battle with Labour rebels, Ms Angiolini said the move was "not supported by prosecution evidence".

It means the legal officers responsible for endorsing any use of the extended police powers both north and south of the Border have now publicly expressed doubts.

Sir Ken Macdonald, the Director of Public Prosecutions in England and Wales, repeated his view this week that the change was unnecessary.

Meanwhile, the government's own human rights watchdog, the Equality and Human Rights Commission, warned the proposals face judicial review even if they make it through Parliament.

The Lord Advocate, who was appointed by the previous Labour administration, said last night: "While there has been a limited number of cases in Scotland which were investigated in terms of the Terrorism Act 2000, I am not aware of any case where an extension of the period beyond 28 days would have been required.

"I, therefore, share the view of the DPP Sir Ken Macdonald and the former Attorney General, Lord Goldsmith, that the requirement for an extension to the current 28 days is not supported by prosecution experience to date."

Splits have also emerged among top police officers. Sir Hugh Orde, Northern Ireland's Chief Constable, added his public backing to that of Scotland Yard Commissioner Sir Ian Blair. But Avon and Somerset's deputy chief constable Rob Beckley said he had "doubts".

Last night, Steve House, Chief Constable of Strathclyde Police, said the 42-day extension was necessary: "I agree with it. Listen to the voice of the real experts and experience like Peter Clarke, the ex-Deputy Assistant Commissioner at the Met.

"There may be a situation where we need it and we are not far away with increasing sophistication and the use of computers. Already with 28 days, we have been close to the wire. We can't afford to wait until something happens."

Downing Street yesterday admitted tomorrow's crunch Commons vote on the matter was looking "very, very tight".

Ministers had appeared increasingly confident that MPs would back 42-day detention after Jacqui Smith, the Home Secretary, unveiled a series of concessions last week.

But opponents claimed yesterday their position was strengthening. Rebel Labour back-bencher David Winnick said: "The indications now are that things are coming back to where they were." He added that efforts by government whips to paint the issue as key to Mr Brown's political survival were proving "counter-productive".

High flier is force to be reckoned with

ELISH Angiolini, QC, was appointed the first female Lord Advocate in October 2006, making her one of the most powerful lawyers in the UK and Scotland's chief legal officer.

Born in 1960, in Glasgow, she spent much of her career in the procurator fiscal service.

In 1992, she was seconded to the Crown Office where she worked in the Lord Advocate's Secretariat.

In July 2000, she was appointed Regional Procurator Fiscal, Grampian, Highland and Islands, based in Aberdeen – the first woman to hold such a post.

She was appointed Solicitor General in November 2001, aged 46 and the first woman and the first non-advocate to hold the post.

Although she lost her seat on the Scottish cabinet last year with the election of the SNP administration, she still has the right to address ministers and attend meetings of the Parliament.

Assisted by the Solicitor General, currently Frank Mulholland QC, she heads the country's system of criminal prosecution and leads the investigation of deaths.

She is occasionally required to provide legal advice to ministers

Ms Angiolini is married with two children.