Appendix 1: Letter to Sir Ken Macdonald QC, Director of Public Prosecutions, Crown Prosecution Service, dated 17 January 2008

As you will know, we are currently engaged in an inquiry into counter-terrorism policy and human rights. We were helped considerably by the oral evidence we heard from Sue Hemming from the CPS on 5 December 2007. One of the issues we covered with her was the application of the threshold test in charging terrorism suspects. My Committee is interested to know more about the genesis and application of the threshold test. In particular, we would like to scrutinise the Explanatory Guidance on the Application of the Threshold Test which was issued in September 2005 but is not yet publicly available. I would be grateful if you could send me a copy of the Guidance at your earliest convenience, to assist with our continuing scrutiny of the Government's counter-terrorism proposals.