Sir Ken Macdonald said the evidence had shown that the existing 28-day limit was working well and accused ministers of legislating on the basis of “hypotheticals”.
His latest intervention is 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,” Macdonald told the BBC’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 they could soon be faced with a case where 28 days is not enough.
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