Terrorism and the 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.

Table of Contents:
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

About the Author :
Professor Clive Walker is Professor of Criminal Justice Studies at the School of Law, University of Leeds. He has written extensively on terrorism and emergency issues, with many papers published in the UK and other countries. He has been a Visiting Professor at George Washington University, Melbourne University, and Stanford University. In 2003, he was a special adviser to the UK Parliamentary Select Committee considering the Civil Contingencies Act 2004. He has also been called upon to provide advice to other UK and overseas Parliamentary committees on terrorism, and to the UK Government's independent adviser on terrorism.

Review :
Clive Walker presents a systematic review of counterterrorism within the United Kingdom until 2010. Unlike other books on counterterrorist law, Walker's book goes beyond the principal anti-terrorism legislation by considering other relevant aspects of domestic legislation, and by making some comparison with international laws. The author also refers to accounts of practical implementation of the law through consideration of interviews and visits undertaken during fieldwork. These three elements combine to provide a comprehensive, yet clear, account of counterterrorism law within the UK until 2010, that should be of interest to academics, lawyers and policy makers. The clear writing style, easy-to-follow structure and encyclopaedic knowledge means that this book, should be considered an invaluable reference work for anyone interested in terrorism, counterterrorism and the law, within the United Kingdom. This volume deserves wide reading; it makes an important contribution to existing literature on the subject of terrorism and the law. It is well written, thoroughly researched, clearly presented and filled with readily accessible invaluable information. Readers - whether subject matter experts, students or the interested public - owe Prof Walker a debt of gratitude. Congratulations are also due to Oxford University Press; the books format is remarkably user friendly. 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. 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. ^iTerrorism and the Law^r 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. This important volume contains extensive, up-to-date analysis of key materials on anti-terrorism law and legal practice.