Post-Charge Detention

Mr. Laurence Robertson 
14. To ask the Secretary of State for the Home Department what guidance she has issued on the questioning of those detained after being charged; and if she will make a statement.

Mr. McNulty
Guidance on questioning after charge is contained in the Police and Criminal Evidence Act 1984 (PACE) Codes of Practice C and H.

Currently, questioning after charge only applies in limited circumstances; where it is necessary to clarify earlier statements, where public safety is at risk, where new evidence comes to light or for intelligence purposes.

The Counter-Terrorism Bill, currently before this House, contains provisions which seek to strengthen questioning after charge in respect of terrorism offences. We are also considering, as part of the Review of PACE currently under way, whether such provisions should be extended to other cases.