Law Society supports Prime Minister's decision to use phone tap evidence in court

6th February 2008

The Law Society President, Andrew Holroyd, today backed Prime Minister Gordon Brown’s decision to allow the limited use of intercept evidence in court.  

In an interview with BBC News 24, Andrew Holroyd said the Law Society has long advocated that phone tap evidence should be admissible in order to aid the prosecution of alleged terrorists.

Mr. Holroyd explained that the majority of common law jurisdictions, including Canada, Australia, S. Africa, New Zealand and the United States admit intercept evidence. In the light of the use of such evidence by those jurisdictions, the use of foreign intercept evidence in UK courts and greater EU co-operation, the introduction of intercept evidence is the logical next step.  The Society believes that the case for relaxing the absolute ban on the use of intercept evidence is overwhelming and should be put into effect as soon as possible.

The Prime Minister's decision followed the publication of a review by the Chilcot Committee, which recognised that it will be essential to develop the right intercept evidence regime, one that is compatible with the European Convention on Human Rights and a defendant's right to a fair trial. The Law Society has announced that it is willing to contribute to the development of such a framework.

Commenting on the Government plans to extend pre-charge detention to 42 days Andrew Holroyd said, “there is no evidence of any need to increase the already lengthy 28 day period.  The Government’s decision to allow the use of intercept evidence in court should help to reduce the length of time suspects need to be detained.”