15E Post-charge questioning has been created because it is acknowledged that terrorist investigations can be large and complex and that a great deal of evidence can come to light following the charge of a terrorism suspect. This can occur, for instance, from the translation of material or as the result of additional investigation. When considering an application for post-charge questioning, the police must the judge on all three points ‘satisfy’ under paragraph 15.3. This means that the judge will either authorise or refuse an application on the balance of whether the conditions in paragraph 15.3 are all met. It is important therefore, that when making the application, to consider the following questions: What further evidence is the questioning expected to provide? Why was it not possible to obtain this evidence before charge? How and why was the need to question after charge first recognised? How is the questioning expected to contribute further to the case? To what extent the time and place for further questioning interfere with the preparation of the person’s defence (for example if authorisation is sought close to the time of a trial)? What steps will be taken to minimise any risk that questioning might interfere with the preparation of the person’s defence? This list is not exhaustive but outlines the type of questions that be relevant to any asked by a judge in considering an application. 16 Testing persons for the presence of specified Class A drugs 16.1 The provisions for drug testing section 63B of PACE (as amended by section 5 of the Criminal Justice Act 2003 and section 7 of the Drugs Act 2005), do not apply to persons to whom this Code applies. Guidance on these provisions can be found in section 17 of PACE Code C.
15E Post-charge questioning has been created because it is acknowledged that terrorist investigations can be large and complex and that a great deal of evidence can come to light following the charge of a terrorism suspect. This can occur, for instance, from the translation of material or as the result of additional investigation. When considering an application for post-charge questioning, the police must ‘satisfy’ the judge on all three points under paragraph 15.3. This means that the judge will either authorise or refuse an application on the balance of whether the conditions in paragraph 15.3 are all met. It is important therefore, that when making the application, to consider the following questions: What further evidence is the questioning expected to provide? Why was it not possible to obtain this evidence before charge? How and why was the need to question after charge first recognised? How is the questioning expected to contribute further to the case? To what extent the time and place for further questioning interfere with the preparation of the person’s defence (for example if authorisation is sought close to the time of a trial)? What steps will be taken to minimise any risk that questioning might interfere with the preparation of the person’s defence? This list is not exhaustive but outlines the type of questions that be relevant to any asked by a judge in considering an application. 16 Testing persons for the presence of specified Class A drugs 16.1 The provisions for drug testing section 63B of PACE (as amended by section 5 of the Criminal Justice Act 2003 and section 7 of the Drugs Act 2005), do not apply to persons to whom this Code applies. Guidance on these provisions can be found in section 17 of PACE Code C.
2017_CodeH-ToC_tracked-17-10-18_GOV_UK.docx