Details
- This new Blackstone's Guide offers comprehensive analysis of the new Act whilst also placing it in the context of what has gone before
- Clearly explains the new offences created by the 2006 Act, including; the Encouragement of Terrorism; the Dissemination of Terrorist Publications; the Preparation of Terrorist Acts; Training for Terrorism; and Attendance at a place used for Terrorist Training
- Clearly explains how the new procedures and offences can be both implemented and challenged effectively, before trial and at trial
- Contains the full text of the Terrorism Act 2006
In the immediate aftermath of the London bombings on the 7th July 2005, the government announced very quickly that new anti-terror legislation was to be swiftly enacted. The resulting Terrorism Act has been the subject of intense political and legal debate, and creates a number of new terrorist offences including;
- The Encouragement of Terrorism
- The Dissemination of Terrorist Publications
- The Preparation of Terrorist Acts
- Training for Terrorism
- Attendance at a place used for Terrorist Training
The new Act also and particularly controversially, extends the time during which police may detain suspects without charge. These new offences combined with the recent establishment of a specialist prosecution unit dealing with terrorist prosecutions, means that investigation into terrorist offences is predicted to become intense and controversial, leading to a far greater number of prosecutions. Similarly, the aggressive use of investigative powers is expected to lead to challenge in the High Court by way of proceedings for judicial review, and there may be challenges to the legality of certain provisions in the higher domestic Courts and in the European Court of Human Rights.
This new Blackstone's Guide offers comprehensive coverage on the new Act, whilst also placing it in the context of what has gone before, namely; The Terrorism Act 2000; The Anti -Terrorism, Crime and Security Act 2001; The Regulation of Investigatory Powers Act 2000; the Prevention of Terrorism Act 2005; and the Serious Organised Crime and Police Act 2005. This body of anti-terror legislation is dealt with in logical order, tracing the criminal process through investigation and arrest right through to prosecution and appeal. At each stage the legislation is discussed with reference to Hansard, the common law, authority in UK and abroad in relation to principles of jurisdiction, human rights, the rules of evidence, and other criminal justice statutes.
The book provides clear guidance as to how the new procedures and offences can be both implemented and challenged effectively, before trial and at trial, and includes the full text of the Terrorism Act 2006.
The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published within weeks of the Act, they offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.
1: Introduction
The Scope of the Book
The 2006 Act
2: Encouragement, etc of Terrorism
Section 1 - Encouragement of Terrorism
Section 2 - Dissemination of Terrorist Publications
Section 3 - Application of Sections 1 and 2 to Internet Activity, etc
Giving of Notices under Section 3
3: Preparation of Terrorist Acts and Terrorist Training
Section 5 - Preparation of Terrorist Acts
Section 6 - Training for Terrorism
Section 7 - Powers of Forfeiture in Respect of Offences under Section 6
Section 8 - Attendance at a Place Used for Terrorist Training
4: Sections 9 to 12 - Offences Involving Radioactive Devices and Materials and Nuclear Facilities and Sites
Overview
Offences
5: Increases of Penalties and Incidental Provisions Relating to Offences
Increases in Penalties
Incidental Provisions about Offences
6: Proscription
Overview
Criminal Offences
Grounds for Proscription
Name Changes under the 2006 Act
Proscribed Groups
Deproscription
7: Arrest and Detention Without Charge
Overview
Arrest Without Warrant of Terrorist Suspects
Detention
Rights of a Detained Terror Suspect
Judicial Grounds for Extending Detention
Release
'Sunset' Section
Commentary
8: Stop, Search, Seizure, Detention of Cash
Stop and Search of Persons
Search of Premises
Seizure of Terrorist Publications
Search of Vehicles
Stop and Search in Internal Waters
Applications for Extended Detention of Seized Cash
9: Investigatory Powers
Amendment of the Intelligence Servuces Act 1994
Interception Warrants
Disclosure Notices for the Purposes of Terrorist Investigations
10: Part 3 - Review of Terror Legislation
APPENDICES
Appendix 1: Extracts from Terrorism Act 2000, as amended
Appendix 2: The Terrorism Act 2006
Appendix 3: Council of Europe Convention on the Prevention of Terrorism, May 2005
Appendix 4: The Terrorism Act 2006 (Commencement No 1) Order 2006 (SI 2006/1013)
Alun Jones QC, Barrister, 37 Great James Street Chambers, Rupert Bowers, Barrister, 37 Great James Street Chambers, and Hugo D. Lodge, Barrister, 37 Great James Street Chambers
