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Pursuing Lone-Actor Terrorists: UK Counterterrorism Law and Policy
Lone-Actor Terrorism: An Integrated Framework, Pages: 237 - 249
Swansea University Author: Stuart Macdonald
Accepted Manuscript under embargo until: 1st March 2024
DOI (Published version): 10.1093/med/9780190929794.003.0019
This chapter focuses on three of the methods used in the U.K. to disrupt terrorist operations: prosecution; deportation, and, Terrorism Prevention and Investigation Measures (TPIM). Recognising that special counterterrorism laws and policies are necessary, and that respect for human rights and the r...
|Published in:||Lone-Actor Terrorism: An Integrated Framework|
Oxford University Press
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This chapter focuses on three of the methods used in the U.K. to disrupt terrorist operations: prosecution; deportation, and, Terrorism Prevention and Investigation Measures (TPIM). Recognising that special counterterrorism laws and policies are necessary, and that respect for human rights and the rule of law is an essential component of an effective counterterrorism strategy, the chapter explains that counterterrorism powers must therefore, first, be carefully circumscribed and, second, should not unquestioningly be transposed to other areas of criminal justice. Against the backdrop of these two requirements, the chapter criticises the overly broad definitions of a number of the U.K.’s terrorism offences, their reliance on official discretion and their underlying approach to human rights. Turning next to deportation, the chapter welcomes the European Court of Human Rights’ insistence that the Article 3 right not to suffer torture or other forms of ill-treatment is absolute, but expresses concern at the U.K. Government’s policy of Deportation with Assurances – which places diplomatic relations, as opposed to universal legal prohibitions, at the forefront of efforts to prevent deportees from suffering ill-treatment. Lastly, the chapter describes the TPIM regime, focusing in particular on the process for the making of a TPIM notice and showing how what was originally conceived of as an exceptional measure now not only enjoys semi-permanent status but has also been transposed to other areas of criminal justice.
Book edited by: Jacob C. Holzer, Andrea J. Dew, Patricia R. Recupero, and Paul Gill
Terrorism, counterterrorism, lone-actor, prosecution, criminal law, deportation, executive measures
Faculty of Humanities and Social Sciences