Mr. John P. SmithTo ask the Secretary of State for the Home Department how many people have been placed in custody without being charged with any offence for more than a year in(a) the last five years and (b) the last 10 years, in the United Kingdom.
§ Mr. MellorAll persons in prison service establishments are held following a charge, conviction or sentence for a criminal offence, except for persons committed to prison for contempt of court and for certain civil debts and those detained under the Immigration Act 1971 and for a maximum of seven days under the Prevention of Terrorism Act 1976. Information for all years on non-criminal prisoners held in prison service establishments could be obtained only at disproportionate cost. However, according to records held centrally no non-criminal prisoners in prison service establishments in England and Wales on 31 December 1979, 1984 or 1989 had been held for more than one year.
The information requested on persons detained under the Immigration Act 1971 in immigration detention centres is not available. However, no person currently detained solely under Immigration Act powers in the United Kingdom has been held for more than a year. Such cases are very rare.
Persons held in police custody prior to charge are subject to the provisions of either the Police and Criminal Evidence Act 1984, which places an upper limit of 96 hours on the period of detention; or the Prevention of Terrorism (Temporary Provisions) Act 1989, which enables them to be detained for up to 48 hours on police authority and for up to an additional five days on that of the Secretary of State.