To ask the Secretary of State for the Home Department how many individuals have been detained pre-charge under counter-terrorism measures for (a) up to three, (b) four to six, (c) seven to nine, (d) 10 to 12, (e) 13 to 15, (f) 16 to 18, (g) 19 to 21, (h) 22 to 24 and (i) 25 to 28 days; and of those detained which were charged, and for what offence, in those cases in which no legal proceedings are ongoing. (203949)

[holding answer 7 May 2008]: Information on the number of individuals held in pre-charge detention under terrorism legislation is not broken down for the specific periods requested.

The following table, compiled from police records, provides statistics on the number of people held in pre-charge detention over 14 days and up to 28 days and the outcome.

The maximum period of detention pre-charge was extended to 28 days with effect from 25 July 2006.

To date, 11 individuals have been held for over 14 days pre-charge detention. Of these 11, eight people were charged as detailed as follows:

Six were charged following in Operation Overt, the disruption of an alleged plot to blow up an aircraft; one individual was charged following a counter terrorist operation led by Greater Manchester police and one individual was charged following his arrest in relation to the London and Glasgow incidents.

The length of pre-charge detention and resultant charges is as follows:

14-15 days

One individual charged with having information about an act of terrorism (section 38B, Terrorism Act 2000). This case was subsequently dismissed by a judge due to insufficient evidence.

18-19 days

One individual charged with conspiracy to cause explosions (section 3 (1a), the Explosives Substances Act 1883).

19-20 days

Three individuals charged with conspiracy to murder (section 1 (1), Criminal Law Act 1977) and Preparation of Terrorist Acts (section 5, Terrorism Act 2006). The latter charge has subsequently been amended by the Crown Prosecution Service for two of the individuals to a charge of conspiracy to commit an act of violence likely to endanger the safety of an aircraft (section 1(1), Criminal Law Act 1977).

27-28 days

One individual charged with preparation of terrorist Acts (section 5, Terrorism Act 2006).

One individual charged with preparation of terrorist Acts (section 5, Terrorism Act 2006), possession of a prohibited weapon (section 5(1), Firearms Act 1968), possession of ammunition (section 1 (1b), Firearms Act 1968), possession of a silencer without a firearms licence (section 1 (1b), Firearms Act 1968). The charge of preparation of terrorist Acts for the second individual was subsequently amended by the Crown Prosecution Service to a charge of conspiracy to commit an act of violence likely to endanger the safety of an aircraft (section 1(1), Criminal Law Act 1977).

One individual charged with attending a place for instruction or training in terrorism (section 8, Terrorism Act 2006) and collection of information (section 58 (1) (a), Terrorism Act 2000).

To ask the Secretary of State for the Home Department how many people have been detained on suspicion of terrorist or related offences but were released by the police or security services because they were not able to compile enough evidence to charge them within the 28-day period allowed for detention without charge within the Metropolitan Police Authority in the last two years. (208717)

To date, 11 individuals have been held for over 14 days pre-charge detention, six individuals were held for the maximum 27-28 days, of which three individuals were charged, and three individuals were released without charge.

Nine out of the 11 individuals were arrested in August 2006, following Operation Overt the disruption of an alleged plot to target aircraft. This led to six individuals being charged, and three were released, one individual was charged on the 27-28 day of detention following his arrest in a counter terrorist operation led by Greater Manchester Police in August 2006. One individual was charged on the 18-19 day of detention following his arrest in relation to the incidents in London and Glasgow in June-July 2007.

To ask the Secretary of State for the Home Department what the evidential basis is for her proposals that detention of terrorist suspects for a maximum of 42 days before charge is necessary; and what discussions she has had with (a) police forces, (b) the Crown Prosecution Service and (c) the security services in determining the number of days. (209974)

[holding answer 10 June 2008]: We set out our case for our proposal in a letter to the Home Affairs Select Committee on 6 December 2007. This can be found at:

http://security.homeoffice.gov.uk/news-publications/publication-search/general/pre-charge-detention/.

Given the scale and trend for increasingly large and complex cases we believe there may be a need to go beyond 28 days in future. The Government are determined to give the police the powers they need to tackle terrorism. That is why it is right and proper to legislate now to put in place the reserve power to extend pre-charge detention beyond 28 days if in future there is a grave exceptional terrorist threat. We have consulted widely on all of the proposals in the Counter-Terrorism Bill, including pre-charge detention, and this is an approach which has been widely welcomed. This has included discussions with the police, CPS and the intelligence and security agencies.

To ask the Secretary of State for the Home Department how many suspects arrested under anti-terrorism legislation have been released without charge at the end of the maximum pre-charge detention period because there was not sufficient evidence to bring charges in each of the last five years. (210057)

[holding answer 10 June 2008]: To date, 11 individuals have been held for over 14 days pre-charge detention, six individuals were held for the maximum 27-28 days, of which three individuals were charged, and three individuals were released without charge.

Nine out of the 11 individuals were arrested in August 2006, following Operation Overt the disruption of an alleged plot to target aircraft. This led to six individuals being charged, and three were released, one individual was charged on the 27-28 day of detention following his arrest in a counter terrorist operation led by Greater Manchester police in August 2006. One individual was charged on the 18-19 day of detention following his arrest in relation to the incidents in London and Glasgow in June and July 2007.