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Terrorism and the Law

Terrorism and the Law

  • Author:
  • Publisher: Oxford University Press
  • ISBN: 9780199561179
  • Published In: March 2011
  • Format: Hardback
  • Jurisdiction: U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only
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  • Description 
  • Contents 
  • Author 
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  • Offers an up-to-date discussion of the key materials on terrorism law
  • Provides comprehensive coverage of the major domestic, European, and international laws and their impact on the UK, plus comparisons with other jurisdictions such as the US
  • Contains an extensive examination of the implementation and practice of terrorism laws
  • Includes insightful and original analysis, reflecting widespread research on the laws and interviews with key practitioners, from a leading commentator on terrorism law

Terrorism laws and legal practices have been politically and socially controversial to a degree beyond almost any other legal issue during the past decade, and this analytical text contains extensive analysis of these controversies. Written by a leading commentator, Terrorism and the Law offers a thoughtful and up-to-date discussion of all the key materials on terrorism law. It provides comprehensive coverage of all major domestic, European, and international laws, and their impact on the UK. It also contains an extensive examination of implementation and practical problems, as well as comparison with closely comparable jurisdictions ranging from Australia, Canada, and the Republic of Ireland, to the United States.

The book contains five Parts. Part I focuses on meanings of 'terrorism' in law and political science. It provides the reader with an understanding of the political phenomenon and the legal concept, including its statutory definitions, which is essential to the book's assessment of the strategies and tactics adopted in the codes of laws as well as policy statements. It also addresses normative constraints, such as human rights, and considers mechanisms of accountability.

Parts II-IV focus on the United Kingdom law and practice. It provides extensive coverage of the major UK terrorism legislation, namely: the Terrorism Act 2000; the Anti-Terrorism, Crime and Security Act 2001; the Prevention of Terrorism Act 2005; the Terrorism Act 2006; the Justice and Security (Northern Ireland) Act 2007; the Counter-Terrorism Act 2008; and the Terrorist Asset-Freezing etc. Act 2010. The themes comprise: investigatory and policing powers and interventions; the disclosure of Information, special criminal laws, special criminal processes, post-trial restraints and the penology of terrorism, executive regulation through control orders and immigration measures, terrorist funding and property, and protective security laws, structures, and regulations. The study encompasses wherever relevant the impact of European, international and transnational laws and practices, covering international transnational cooperation and extradition; key European Union law measures against terrorism; other international law measures against terrorist activities; and international human rights and terrorism.

Part V considers regional variations in Northern Ireland, with some reflections on the application of Scottish law, especially in the Lockerbie cases.

Readership: Solicitors and barristers in the UK, in particular those specialising in terrorism, criminal law, human rights, and public law (constitutional and administrative), and related fields; the judiciary; government bodies and yon-governmental organizations concerned with human rights and justice; individual academics and libraries specializing in this area in the UK and worldwide.

Part I: Introduction
1: Terrorism
The Phenomenon of Terrorism
The Phenomenon of Terrorism
Legal Strategies for Counter-Terrorism
Institutions, Review and Accountability
Definition of Terrorism
Conclusions
Part II: Investigation and Policing
2: Terrorist Investigations
Introduction
Investigation of Places and Documents
Cordons
Surveillance
All-Risks Policing
Conclusions
3: Disclosure of Information about Terrorism
Introduction
General Duties relating to Disclosure
Specialist Disclosure Powers
Conclusions
4: Arrest, Detention, and Treatment of Detainees
Introduction
Arrest
Detention Following Arrest
The Treatment of Detainees
Post-Charge Questioning and Detention
International Arrest and Investigation
Conclusions
Part III: Criminal Law and Criminal Process
5: Criminal Offences and Terrorism
Introduction
Criminal Offences within the Anti-Terrorism Laws
Criminal Offences beyond the Anti-Terrorism Laws
Conclusions
6: Court Processes, Punishment, and Terrorism
Introduction
Court Processes
International Aspects of Criminal Process
Penology of Terrorism
Post-Punishment
Conclusions
Part IV: Other Legal Controls
7: Executive Powers over Individuals
Background
Control Orders - The System
Control Orders - Review Mechanisms
Control Orders - Implementation
Control Orders - Foreign Comparisons
Control Orders - Assessment and Conclusions
Other Executive Powers Relevant to Terrorism
Executive Powers - Conclusions
8: Extremist Organizations, Expressions, and Activities
Extremist Organizations, Expressions, and Activities
Introduction
Proscription of Organizations
Extremist Expressions and Activities
Extremism - Conclusions
9: Terrorist Funding and Property
Introduction
Offences
Forfeiture
Seizure of Cash
Financial Investigations and Oversight
Crown Servants and Regulators
Foreign Comparisons
Assessment and Conclusions on Domestic Measures
International Freezing Orders
10: Protective Security
Introduction
General measures of 'Protect' and 'Prepare'
Protective security for explosives and firearms
Protective security for biological and chemical materials
Protective security for nuclear materials
Protective security for the aviation, maritime, and other transportation sectors
Protective security for critical and other sectors, activities, sites, and events
Victims of terrorism: compensation and redress
Conclusions
Part V: Other Jurisdictions
11: Regional Variations in Northern Ireland and Scotland
Introduction
Special Criminal Process
Special Police and Military Powers
Security Operations
Penal and Release Schemes
Assessment and Conclusions on Special Powers
Compensation, Protection, and Victims
Cross-Border Cooperation
Conclusions on Northern Ireland
Scotland and Terrorism

Clive Walker, Professor of Criminal Justice Studies, Department of Law, University of Leeds

"Professor Walker's description of and commentary upon the law, well-structured for use by practitioners, is set against a succinct but profound analysis of the broader picture, informed by his intimate knowledge of academic and comparative materials. This book is an essential tool for all those concerned with the law and policy of counter-terrorism." - David Anderson QC, Government Independent Reviewer of Terrorism Legislation

"The book is an extremely impressive and comprehensive work which will appeal to many working exclusively in the field, as well as to those, like myself, who have particular concerns arising from specific issues or cases." - Alex Bailin QC, Public Law 2012, Publication Review

"iTerrorism and the Lawr is a welcome addition to the literature in this complex and controversial area of law and is made all the more readable by the author's forthright manner; there is no other academic in the UK today that can rival Walker's encyclopedic knowledge of this most important of subjects." - James Roebuck, Legal Studies

"This important volume contains extensive, up-to-date analysis of key materials on anti-terrorism law and legal practice." - Joshua Sinai, Perspectives on Terrorism

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