Criminal Law and Terrorism

Paper Summary:

This essay discusses the various legislative responses in the UK to the threat posed to society by modern terrorism. Beginning with the origins of anti-terrorism law in the United Kingdom in response to the troubles in Northern Ireland, the paper subsequently offers a discussion on the Terrorism Act 2000 and the Anti-Terrorism Crime and Security Act (including the judicial response to the powers conferred under this Act in 'A v Secretary of State for the Home Department'). The writer concludes by attempting to reconcile the two core issues in this matter -namely security of the state versus civil liberties.

Outline:
Abstract
The Origins of UK Anti-Terrorism Law
The Terrorism Act 2000
The Anti-Terrorism, Crime and Security Act 2001
Conclusion

From the Paper:

"In December 1995, Lord Lloyd of Berwick undertook an inquiry into the adequacy of the UK's counter-terrorism legislation to deal with future terrorist threats . Two important concepts arose from the report which are of significance to the discussion at hand: firstly, that it was the expectation of the Government that whilst the peace process would lead to the receding of the terrorist threat in relation to the Northern Ireland Troubles, the threat of international terrorism would increase and need to be dealt with; and secondly, that consideration had to be given to the UK's obligations under various treaties in international law, predominantly the European Convention on Human Rights, when creating any new anti-terrorism legislation ; thus acknowledging that a balance would have to be drawn between security and liberties and that the Government did not hold a carte blanche to introduce any anti-terror measure that it wished."

Sample of Sources Used:

• Arden, M. "Human Rights in the Age of Terrorism", Law Quarterly Review (2005) 121(OCT), 604-627
• Brandon, B. "Terrorism, Human Rights and the Rule of Law: 120 Years of the UK's Legal Response to Terrorism" Criminal Law Review (2004), DEC, 981-997
• Dickson, B. "Law Versus Terrorism: Can Law Win?", European Human Rights Law Review (2005) 1, 11-28
• Flynn, E.J. "Counter Terrorism and Human Rights: The View From the United Nations", European Human Rights Law Review (2005) 1, 29-49
• Matassa, M. & Newburn, T. "Policing and Terrorism" in Newburn, T. (ed) "Handbook of Policing", Cullumpton: Willen Publishing, 2003. Chapter 19 (pp.467-500)

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