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Control orders were preventative measures, intended to protect members of the public from the risk of terrorism by imposing restraints on those suspected of involvement in terrorism-related activity. They have now been replaced with Terrorism Prevention and Investigation Measures (TPIMs). Control orders were made against 52 people over the lifetime of the Prevention of Terrorism Act 2005. All were men, suspected of involvement in Islamist terrorism. The duration of the orders was between a few months to more than four-and-a-half years. At the start of the control order regime in 2005, all controlled persons were foreign nationals. By the end of 2011, all were British citizens. The publication is divided into seven chapters with ten annexes: Chapter 1: Introduction; Chapter 2: Control orders in context; Chapter 3: How the system worked; Chapter 4: Use of control orders in 2011; Chapter 5: Terrorism prevention and investigation measures; Chapter 6: Conclusions; Chapter 7: Recommendation.
The review considered six key counter-terrorism and security powers: (1) the detention of terrorist suspects before charge; (2) section 44 stop and search powers and the use of terrorism legislation in relation to photography; (3) the use of the Regulation of Investigatory Powers Act 2000 (RIPA) by local authorities and access to communications data more generally; (4) measures to deal with organisations that promote hatred or violence; (5) extending the use of 'Deportation with Assurances' in a manner that is consistent with our legal and human rights obligations; (6) control orders (including alternatives). The review concludes that some counter-terrorism and security powers are neither proportionate nor necessary. The key findings are: (i) a return to 14 days as the standard maximum pre-charge detention period; (ii) an end to the indiscriminate use of stop and search powers under section 44; (iii) the end to the use of the most intrusive RIPA powers by local authorities to investigate low level offences and applications by authorities to use RIPA techniques need a magistrate's approval; (iv) a commitment to rationalise the legal bases by which communications data can be acquired; (v) a stronger effort to deport foreign nationals involved in terrorist activities in this country fully respecting our human rights obligations; (vi) the end of control orders and their replacement with a fairer and more focused regime. Additional resources will be provided to the police and security agencies to ensure the new measures are effective not only in protecting the public but in facilitating prosecution.
This study provides a commentary on all parts of the Terrorism Act 2000, and as well as providing expert explanation of the key anti-terrorism legislation, including the Counter-Terrorism Act 2008.

The NSA Report

President's Review Group on Intelligence and Communications Technologies, The

Published: 2014-03-31

Total Pages: 287


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The official report that has shaped the international debate about NSA surveillance "We cannot discount the risk, in light of the lessons of our own history, that at some point in the future, high-level government officials will decide that this massive database of extraordinarily sensitive private information is there for the plucking. Americans must never make the mistake of wholly 'trusting' our public officials."—The NSA Report This is the official report that is helping shape the international debate about the unprecedented surveillance activities of the National Security Agency. Commissioned by President Obama following disclosures by former NSA contractor Edward J. Snowden, and written by a preeminent group of intelligence and legal experts, the report examines the extent of NSA programs and calls for dozens of urgent and practical reforms. The result is a blueprint showing how the government can reaffirm its commitment to privacy and civil liberties—without compromising national security.
Counter-terrorism is now a permanent and sprawling part of the legislative and operational apparatus of the state, yet little is known about the law and practice of how it is reviewed, how effective the review mechanisms are, what impact they have or how they interact with one another. This book addresses that gap in knowledge by presenting the first comprehensive, critical analysis of counter-terrorism review in the United Kingdom, informed by exclusive interviews with policy makers, politicians, practitioners and civil society.
The draft Enhanced Terrorism Prevention and Investigation Measures Bill is intended to be introduced by the Government in response to "exceptional circumstances" which "cannot be managed by any other means". It is complementary to, and if introduced will operate alongside, the existing TPIMs legislation (as set out in the Terrorism Prevention and Investigation Measures Act 2011). If approved by Parliament, this Bill will allow the Government to impose a series of restrictive measures, broadly similar to those available under the control order regime, on certain targeted individuals. The Committee accepted the need for such measures as a preventative tool against suspected terrorists but raised concerns about the role of Parliament in approving their introduction and the threat to security created by "time-limiting" the legislation. To safeguard and better monitor their use, the Committee further called on the Government to institute higher standards of legal review of any use of this legislation.
This book addresses the various ways in which modern approaches to the protection of national security have impacted upon the constitutional order of the United Kingdom. It outlines and assesses the constitutional significance of the three primary elements of the United Kingdom's response to the possibility of terrorism and other phenomena that threaten the security of the state: the body of counter-terrorism legislation that has grown up in the last decade and a half; the evolving law of investigatory powers; and, to the extent relevant to the domestic constitution, the law and practice governing international military action and co-operation. Following on from this, the author demonstrates that considerations of national security – as a good to be protected and promoted in contemporary Britain – are reflected not merely in the existence of discrete bodies of law by which it is protected at home and abroad, but simultaneously and increasingly leaked into other areas of public law. Elements of the constitution which are not directly and inherently linked to national security nevertheless become (by both accident and design) implicated in the state's national security endeavours, with significant and at times far-reaching consequences for the constitutional order generally. A renewed and strengthened concern for national security since September 2001 has, it is argued, dragged into its orbit a variety of constitutional phenomena and altered them in its image, giving rise to what we might call a national security constitution.
This book offers a systematic analysis of how the interaction between language of security and language of rights produces policies which not only affect everyday functioning of democracy, but also redefine the understanding of sovereignty. Demirsu presents a rich theoretical framework and a novel methodological design, premised on a multi-method qualitative research that offers a comparative analysis of counter-terrorism and human rights in Turkey and the United Kingdom. While Part I offers an analysis of the evolution of these two key policy-areas in relation to each other, Part II presents the findings of the frame analysis of parliamentary debates, both concluding by mapping out cross-cutting patterns in these two cases. As a result, the author demonstrates in detail how discourse and policy-making are mutually constitutive from a comparative angle.
This book provides a systematic overview of counter-terrorism laws in twenty-two jurisdictions representing the Americas, Asia, Africa, Europe, and Australia.