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Author: Great Britain. Privy Counsellor Review Committee Publisher: ISBN: 9780102926729 Category : Law Languages : en Pages : 121
Book Description
This independent report by the Privy Counsellor Review Committee reviews the Anti-terrorism, Crime and Security Act 2001 (December 2001, c. 24; ISBN 0105424013), emergency legislation passed in response to the international terrorist threat highlighted by the events of 11 September 2001. The Committee's conclusions are based on two key principles of an individual's right to liberty and privacy; and the need for public protection from terrorism. Conclusions drawn include that special counter-terrorism legislation should be kept distinct from general crime and security laws, and the provisions of the Act which are not specifically targeted at terrorism should be reconsidered. In particular, the powers allowing foreign nationals to be detained potentially indefinitely should be replaced as a matter of urgency. Measures related to tackling the financing of terrorism and targeting those who withhold information about terrorist offences are welcomed, but there is a need for better safeguards in some cases. Security arrangements regarding weapons of mass destruction need to be enhanced. The provisions relating to identify theft are inadequate, and powers to amend any provision without primary legislation should be repealed.
Author: Great Britain. Parliament. Joint Committee on Human Rights Publisher: ISBN: 9780104004142 Category : Internal security Languages : en Pages : 33
Book Description
The Joint Committee's report considers the human rights implications of Part 4 of the Anti-terrorism, Crime and Security Act 2001, which required a UK derogation from the right to personal liberty under the European Convention on Human Rights (ECHR) regarding exceptional powers to allow the indefinite detention without charge of suspected international terrorists who are not UK nationals and cannot be removed from the country. Conclusions drawn include: i) there are serious weaknesses in human rights protection under the detention provisions of Part 4 of the Act and a more satisfactory legal framework is urgently required which fully complies with the ECHR; ii) there is a significant risk that the powers under Part 4 violate the right to be free of discrimination under ECHR Article 14 because they have a particular impact on only one part of the resident community of the UK on grounds of nationality; and iii) the Committee continues to doubt whether the derogation is justified on grounds of national emergency, and is not persuaded that it is appropriate to renew Part 4 when there is no time limit specified.
Author: Publisher: The Stationery Office ISBN: 9780105424017 Category : Law Languages : en Pages : 132
Book Description
The aim of the Act is to strengthen powers to counter the increased international terrorist threat in the UK, in the light of the September 11th terrorist attacks in the US. The Act covers issues including: terrorist property, freezing orders, disclosure of information, immigration and asylum, race and religion, the control of toxins, nuclear security, aviation security, police powers, and the retention of communications data. Key measures include new powers to detain those suspected of being terrorists. Changes are also proposed to speed up the asylum process, where the Secretary of State considers the removal of a suspected terrorist would be conducive to the public good. These decisions will be subject to regular independent review by the Special Immigration Appeals Commission, but the decisions of this body will no longer be subject to judicial review
Author: The Law The Law Library Publisher: Createspace Independent Publishing Platform ISBN: 9781987684742 Category : Languages : en Pages : 134
Book Description
Anti-terrorism, Crime and Security Act 2001 (UK) The Law Library presents the official text of the Anti-terrorism, Crime and Security Act 2001 (UK). Updated as of March 26, 2018 This book contains: - The complete text of the Anti-terrorism, Crime and Security Act 2001 (UK) - A table of contents with the page number of each section
Author: Great Britain. Parliament. House of Commons. Home Affairs Committee Publisher: ISBN: Category : Internal security Languages : en Pages : 112
Book Description
The aim of the report is to highlight what the Committee felt were the most important and controversial measures of the Bill, to lay out the arguments for and against, and to reach a tentative conclusion in time for the second reading debate. The Committee concluded that the Bill should be given a second reading, but it will need close examination in committee. Doubt is expressed whether a bill of this length and with major implications for civil liberties should be passed through the Commons in such a short period and with so little time for detailed examination. The legislation will pass through the Commons in two weeks with only three days of debate by all MPs. The report recommends that the Government should seek an alternative measure, in consultation with other European partners, which avoids the need to exercise the power of indefinite detention. It expresses reluctant acceptance that there may be a small category of persons who will have to be detained, but states that this should only be exercised as a last resort, for those who cannot be prosecuted, extradited or deported. The report recommends that a "sunset" clause should apply to the immigration and asylum provisions of the Bill, which would mean detention powers would lapse after five years. A full parliamentary debate would then be needed for an annual renewal order, rather than a 90 minute debate in a standing committee. The report also states that there is insufficient evidence to justify the extension of the law of incitement to include religious hatred, as it is doubtful that this will work in practice.
Author: Clive Walker Publisher: Oxford University Press ISBN: 0199561176 Category : Law Languages : en Pages : 629
Book Description
Terrorism law and legal practice has been politically and socially controversial to a degree beyond almost any other legal issue during the past few years, and this analytical text contains extensive analysis of these controversies. 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 the major domestic, European, and international laws, and their impact on the UK. It also contains an extensive examination of the implementation of these terrorism laws, and of the practical issues they raise. The book contains three Parts. Part I focuses on meanings of 'terrorism' in law and political science. It provides the reader with an understanding of the 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. It also covers normative constraints, such as human rights. Part II focuses on the United Kingdom law. It provides extensive coverage of the major UK terrorism legislation, such as: the Terrorism Act 2000; the Anti-Terrorism, Crime and Security Act 2001; the Prevention of Terrorism Act 2005; the Terrorism Act 2006; the Terrorism (Northern Ireland) Act 2006; the Justice and Security (Northern Ireland) Act 2007; and the Counter-Terrorism Act 2008. It also examines the key laws and rules relating to terrorism policing and legal processes. It discusses the meaning of these legislative materials, as well as their implementation, and includes reference to case law and practice statements from the police and courts. Part III reflects 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.