基本説明
Provides comprehensive coverage of all the major domestic, European, and international laws and their impact on the UK.
Full 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.
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
