Prosecutions chief attacks terror plan

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Sir Ken Macdonald said that the evidence had shown that the existing 28-day limit was working well and he accused ministers of legislating on the basis of "hypotheticals".

His latest intervention will come as a further blow to the Prime Minister as he gears up for a battle with Labour rebels over his plans to extend the limit to 42 days.

"I think the basic point is whether you want to legislate on the basis of hypotheticals or whether you want to legislate on the basis of the evidence that we have acquired through practice," Sir Ken told BBC Radio 4's The World at One.

"It seems to me that if you are legislating in an area which is going to curtail civil liberties to a significant extent, it is better to proceed by way of the evidence and the evidence of experience."

Ministers argue that the increasingly complexity of terror cases - potentially involving individuals in several countries with large quantities of encrypted computer data - means that they could soon be faced with a case where 28 days was not enough.

However, Sir Ken said that he believed that an extension to 42 days would make little difference in practice.

"We have found that a period of 28 days does work for us as prosecutors," he said.

"We can charge on the basis of a 'reasonable suspicion' within that period so long as we anticipate that sufficient evidence to provide a realistic prospect of conviction will be forthcoming within a reasonable period.

"So I think it would be quite difficult if you didn't even have sufficient evidence to provide reasonable suspicion for a charge after 28 days to persuade a judge that you would somehow acquire that evidence after 35 or 42."