Yet even that proposal was rejected by Lord Goldsmith, officials said.
Lord Goldsmith said he needed "to consider myself whether there ought to be prosecutions here in either of these cases."
The attorney general, Lord Goldsmith, must approve any prosecution under the act.
Surprisingly, Lord Goldsmith, the former attorney general, shifted the responsibility for this back to government.
Lord Goldsmith urged the media to show restraint in what they reported about the two suspects being held, for fear of prejudicing any possible trial.
Lord Goldsmith's statement referred to the "photographic evidence developed in this country" that had then been turned over to the police.
Lord Goldsmith set no date for the trial, but the statement said any trial would be held in public.
Lord Goldsmith questioned an amendment that did not go "as far as the constitution committee".
The then attorney general, Lord Goldsmith, cited national security when he announced the inquiry was being abandoned.
I've just been reminding myself by taking a look at my report of the evidence Lord Goldsmith, the attorney general, gave earlier this year.