Mr. David Burrowes (Enfield, Southgate) (Con): Given that prosecutors can use the lower threshold test of reasonable suspicion to charge a terrorist, why is it necessary for them to be able to charge now and then furnish evidence later? Why is it necessary to extend pre-charge detention when they can charge and then question post charge?

Jacqui Smith: The threshold test is undoubtedly important, and it has been used in terrorist cases. It was, of course, available at the point at which this House previously decided there were arguments for extending the period of pre-charge— [Interruption.] Well, it was available at that point, but the House still made the decision that it was necessary then to extend

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the period of pre-charge detention. The threshold test nevertheless requires the expectation that sufficient admissible evidence will become available within a reasonable period of time in order to reach the full code test for charging, and there may well be circumstances—although I hope fewer than would have been the case previously—when that might not be the case. Notwithstanding the important contribution that the threshold test can make, there might still be such scenarios, and I would certainly be willing to write to the hon. Gentleman on what they might be, and to copy that letter to others.