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Pursuing Lone-Actor Terrorists: UK Counterterrorism Law and Policy

Stuart Macdonald Orcid Logo

Lone-Actor Terrorism: An Integrated Framework, Pages: 237 - 249

Swansea University Author: Stuart Macdonald Orcid Logo

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DOI (Published version): 10.1093/med/9780190929794.003.0019

Abstract

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...

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Published in: Lone-Actor Terrorism: An Integrated Framework
ISBN: 9780190929794
Published: Oxford University Press 2022
URI: https://cronfa.swan.ac.uk/Record/cronfa60019
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spelling 2023-01-03T16:01:50.9415788 v2 60019 2022-05-13 Pursuing Lone-Actor Terrorists: UK Counterterrorism Law and Policy 933e714a4cc37c3ac12d4edc277f8f98 0000-0002-7483-9023 Stuart Macdonald Stuart Macdonald true false 2022-05-13 LAWD 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 chapter Lone-Actor Terrorism: An Integrated Framework 237 249 Oxford University Press 9780190929794 Terrorism, counterterrorism, lone-actor, prosecution, criminal law, deportation, executive measures 1 4 2022 2022-04-01 10.1093/med/9780190929794.003.0019 Book edited by: Jacob C. Holzer, Andrea J. Dew, Patricia R. Recupero, and Paul Gill COLLEGE NANME Law COLLEGE CODE LAWD Swansea University 2023-01-03T16:01:50.9415788 2022-05-13T18:34:34.3334792 Faculty of Humanities and Social Sciences Hilary Rodham Clinton School of Law Stuart Macdonald 0000-0002-7483-9023 1 Under embargo Under embargo 2022-05-13T18:38:17.7914743 Output 243468 application/pdf Accepted Manuscript true 2024-03-01T00:00:00.0000000 true eng
title Pursuing Lone-Actor Terrorists: UK Counterterrorism Law and Policy
spellingShingle Pursuing Lone-Actor Terrorists: UK Counterterrorism Law and Policy
Stuart Macdonald
title_short Pursuing Lone-Actor Terrorists: UK Counterterrorism Law and Policy
title_full Pursuing Lone-Actor Terrorists: UK Counterterrorism Law and Policy
title_fullStr Pursuing Lone-Actor Terrorists: UK Counterterrorism Law and Policy
title_full_unstemmed Pursuing Lone-Actor Terrorists: UK Counterterrorism Law and Policy
title_sort Pursuing Lone-Actor Terrorists: UK Counterterrorism Law and Policy
author_id_str_mv 933e714a4cc37c3ac12d4edc277f8f98
author_id_fullname_str_mv 933e714a4cc37c3ac12d4edc277f8f98_***_Stuart Macdonald
author Stuart Macdonald
author2 Stuart Macdonald
format Book chapter
container_title Lone-Actor Terrorism: An Integrated Framework
container_start_page 237
publishDate 2022
institution Swansea University
isbn 9780190929794
doi_str_mv 10.1093/med/9780190929794.003.0019
publisher Oxford University Press
college_str Faculty of Humanities and Social Sciences
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hierarchy_top_id facultyofhumanitiesandsocialsciences
hierarchy_top_title Faculty of Humanities and Social Sciences
hierarchy_parent_id facultyofhumanitiesandsocialsciences
hierarchy_parent_title Faculty of Humanities and Social Sciences
department_str Hilary Rodham Clinton School of Law{{{_:::_}}}Faculty of Humanities and Social Sciences{{{_:::_}}}Hilary Rodham Clinton School of Law
document_store_str 0
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description 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.
published_date 2022-04-01T04:17:46Z
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score 11.012678

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