Terrorism and the Law

Terrorism and the Law

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By (author) Clive Walker

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  • Publisher: Oxford University Press
  • Format: Hardback | 632 pages
  • Dimensions: 178mm x 249mm x 41mm | 1,225g
  • Publication date: 30 April 2011
  • Publication City/Country: Oxford
  • ISBN 10: 0199561176
  • ISBN 13: 9780199561179
  • Illustrations note: black & white tables
  • Sales rank: 830,631

Product description

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.

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Author information

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 quote

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. John Lamb, The Howard Journal 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. Amos N. Guiora, Perspectives on Terrorism 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

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