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Session 2007-08 House of Lords Publications on the internet House of Commons Publications on the internet Joint Committee On Human Rights Publications

Joint Committee On Human Rights - Twentieth Report Here you can browse the report together with the Proceedings of the Committee. The published report was ordered by the House of Lords and the House of Commons to be printed 12 May 2008. Contents Terms of Reference Summary 1  Introduction 2  Pre-charge Detention Background The Government's failure to respond to 42 Days Report The Government's response Parliamentary safeguards Judicial safeguards Compatibility with the right to liberty The view of the Law Officers Strengthening the judicial safeguards Impact on affected communities Conclusion 3  Lowering the Charging Threshold Background Statutory authority and independent safeguards The Government's response Conclusion 4  Making Bail Available in Terrorism Cases 5  Post-charge Questioning Background The Government's response Judicial authorisation and time limits Limiting to new evidence Post-charge questioning after commencement of trial Conclusion 6  Control Orders Background The priority of prosecution (1) New precondition for making of control order (2) Duty to keep possibility of prosecution under review (3) Transparency of prosecution decisions Deprivation of liberty (1) Clarify the meaning of 'deprivation of liberty' in Article 5 ECHR (2) 12 hour limit on daily length of curfew Due process (1) Express reference to the right to a fair hearing (2) Obligation to give reasons for making control order (3) Obligation to provide gist of closed material in some cases (4) Communication between special advocate and controlee (5) Standard of proof (6) Power for special advocates to call witnesses Maximum duration of control orders 7  Coroners' Inquests and National Security Annex: Proposed Committee amendments Conclusions and recommendations Formal Minutes Appendices Appendix 1: Letter to Sir Ken Macdonald QC, Director of Public Prosecutions, Crown Prosecution Service, dated 17 January 2008 Appendix 2: Letter from Sir Ken MacDonald QC, Director of Public Prosecutions, Crown Prosecution Service, dated 8 February 2008 Appendix 3: Explanatory Guidance on the Threshold Test Appendix 4: Letter to the Rt Hon Baroness Scotland of Asthal QC, Attorney General and Vera Baird QC MP, Solicitor General, dated 3 April 2008 Appendix 5: Letter from the Rt Hon the Baroness Scotland QC, Attorney General, to the Chairman of the Committee, dated 23 April 2008 Reports from the Joint Committee on Human Rights in this Parliament

© Parliamentary copyright 2008	Prepared 19 May 2008