David Davis has blogged today in defence of his position on 28 days, his critics are asking why he voted for that if detention without charge is so wrong. Here’s his explanation:
For me, we should only be keeping someone in jail without telling them what they are charged with for as shorter period as is necessary, bearing in mind the need to protect the public. Detention without charge is a necessary evil – it must be strictly limited … My view is that 21 days has proved necessary on the basis of experience. I can also see that the police need some limited margin for error, because terrorism investigations are unique. The current 28 day limit more than allows for that.
Davis concludes by saying that he can support 28 days but not a day more. This seems odd to me as he has admitted that 28 days contains some fat. Unless Davis finds a more convincing answer to this question, he is going to find himself tied up in knots over it.
Things will get very interesting politically if Davis starts to support a lower limit than 28. His successor Dominic Grieve, who I interviewed for this week’s magazine, is sympathetic to this argument.
If Davis did come out for a lower limit, Cameron would find himself in a pickle. Disagree with Davis and risk a Tory splits story and perhaps even losing another shadow Home Secretary, or agree with him and risk being painted as ‘soft on terror’ and irritating those in the shadow cabinet who are sympathetic to the argument for 42 days.
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