Terrorism Detention Powers
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Terrorism Detention Powers
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Author : Great Britain: Parliament: House of Commons: Home Affairs Committee
language : en
Publisher: The Stationery Office
Release Date : 2006-07-03
Terrorism Detention Powers written by Great Britain: Parliament: House of Commons: Home Affairs Committee and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-07-03 with Law categories.
This report considers the police case for an increase in detention powers in respect of terrorism suspects, in particular their support of 90 days pre-charge detention. It looks at the background, both existing provisions, changes in the Terrorism Act 2006 and the origins of the police case; the terrorist threat, whether its nature has changed and alternatives to longer detention; and judicial oversight and detention periods. Although the Committee can find no evidence to suggest that 90 days pre-charge detention is essential they think that 28 days might prove to be inadequate. Because of this they recommend the creation of a committee, independent of Government, which will review the pre-charge detention period each year and make recommendations when necessary.
Comparative Counter Terrorism Law
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Author : Kent Roach
language : en
Publisher: Cambridge University Press
Release Date : 2015-07-23
Comparative Counter Terrorism Law written by Kent Roach and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-23 with Law categories.
This book provides a systematic overview of counter-terrorism laws in twenty-two jurisdictions representing the Americas, Asia, Africa, Europe, and Australia.
Law Liberty And The Pursuit Of Terrorism
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Author : Roger Douglas
language : en
Publisher: University of Michigan Press
Release Date : 2014-09-15
Law Liberty And The Pursuit Of Terrorism written by Roger Douglas and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-09-15 with Law categories.
In democratic states, the courts can help safeguard civil liberties against excessive legislative and executive efforts to combat terrorism
Preventive Detention Of Terror Suspects
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Author : Diane Webber
language : en
Publisher: Routledge
Release Date : 2016-01-08
Preventive Detention Of Terror Suspects written by Diane Webber and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-08 with Law categories.
Preventive detention as a counter-terrorism tool is fraught with conceptual and procedural problems and risks of misuse, excess and abuse. Many have debated the inadequacies of the current legal frameworks for detention, and the need for finding the most appropriate legal model to govern detention of terror suspects that might serve as a global paradigm. This book offers a comprehensive and critical analysis of the detention of terror suspects under domestic criminal law, the law of armed conflict and international human rights law. The book looks comparatively at the law in a number of key jurisdictions including the USA, the UK, Israel, France, India, Australia and Canada and in turn compares this to preventive detention under the law of armed conflict and various human rights treaties. The book demonstrates that the procedures governing the use of preventive detention are deficient in each framework and that these deficiencies often have an adverse and serious impact on the human rights of detainees, thereby delegitimizing the use of preventive detention. Based on her investigation Diane Webber puts forward a new approach to preventive detention, setting out ten key minimum criteria drawn from international human rights principles and best practices from domestic laws. The minimum criteria are designed to cure the current flaws and deficiencies and provide a base line of guidance for the many countries that choose to use preventive detention, in a way that both respects human rights and maintains security.
Emergency Powers In Australia
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Author : H. P. Lee
language : en
Publisher: Cambridge University Press
Release Date : 2018-11-15
Emergency Powers In Australia written by H. P. Lee and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-15 with Law categories.
A lucid analysis of the constitutional and legal issues arising from Australian governmental responses to various sorts of emergencies.
Counter Terrorism And The Detention Of Suspected Terrorists
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Author : Claire Macken
language : en
Publisher: Routledge
Release Date : 2013-03
Counter Terrorism And The Detention Of Suspected Terrorists written by Claire Macken and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03 with Law categories.
This book analyses the preventative confinement of suspected terrorists with regard to different models of counter-terrorism policy within the context of international human rights law. The book is written from a global perspective drawing on cases and practice from different jurisdictions including the US, the UK and Australia.
Terrorism And The Law
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Author : Clive Walker
language : en
Publisher: Oxford University Press
Release Date : 2011-03-03
Terrorism And The Law written by Clive Walker and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-03 with Law categories.
Terrorism law and legal practice has been politically and socially controversial to a degree beyond almost any other legal issue during the past few years, and this analytical text contains extensive analysis of these controversies. 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 the major domestic, European, and international laws, and their impact on the UK. It also contains an extensive examination of the implementation of these terrorism laws, and of the practical issues they raise. The book contains three Parts. Part I focuses on meanings of 'terrorism' in law and political science. It provides the reader with an understanding of the 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. It also covers normative constraints, such as human rights. Part II focuses on the United Kingdom law. It provides extensive coverage of the major UK terrorism legislation, such as: the Terrorism Act 2000; the Anti-Terrorism, Crime and Security Act 2001; the Prevention of Terrorism Act 2005; the Terrorism Act 2006; the Terrorism (Northern Ireland) Act 2006; the Justice and Security (Northern Ireland) Act 2007; and the Counter-Terrorism Act 2008. It also examines the key laws and rules relating to terrorism policing and legal processes. It discusses the meaning of these legislative materials, as well as their implementation, and includes reference to case law and practice statements from the police and courts. Part III reflects 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.
The Government S Counter Terrorism Proposals
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Author : Great Britain: Parliament: House of Commons: Home Affairs Committee
language : en
Publisher: The Stationery Office
Release Date : 2007-12-18
The Government S Counter Terrorism Proposals written by Great Britain: Parliament: House of Commons: Home Affairs Committee and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-12-18 with Law categories.
This inquiry concentrates on the proposal to extend the right of police to detain suspects, without charge, for longer than 28 days. The overall conclusion is that neither the Government nor the police have made a convincing case that the current limit is inadequate. After considering a proposal, from Liberty, that Part 2 of the Civil Contingencies Act (CCA) 2004 could be used in exceptional circumstances, the Committee conclude it would not be sensible to trigger a national state of emergency in the middle of an investigation. They therefore recommend that the Government seek agreement for the reform of the CCA to secure Parliamentary scrutiny and judicial oversight without the need for a state of emergency. Other recommendations from this report include; allowing the use of intercept evidence in court; allowing the police to question suspects after charge; and that inferences could be drawn from any refusal by suspects to answer such questions.
Draft Detention Of Terrorist Suspects Temporary Extension Bills
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Author : Great Britain: Parliament: Joint Committee on the Draft Detention of Terrorist Suspects (Temporary Extension) Bills
language : en
Publisher: The Stationery Office
Release Date : 2011-06-23
Draft Detention Of Terrorist Suspects Temporary Extension Bills written by Great Britain: Parliament: Joint Committee on the Draft Detention of Terrorist Suspects (Temporary Extension) Bills and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-23 with Business & Economics categories.
The Joint Committee scrutinised the Home Office's draft Detention of Terrorist Suspects (Temporary Extension) Bills, which could be enacted urgently if it ever became necessary to extend to 28 days the maximum period for which the police could apply to a High Court judge detain terrorist suspects before charging them. The Committee agrees with the Government's objective, but does not accept the Government's proposals for achieving the objective. When provisions of this kind needed to be introduced after individuals had been arrested; it would be almost impossible to give Parliament the information it would need to scrutinise the legislation adequately without putting at risk a suspect's right to have a fair trial. In addition there is a risk that, if the provision was required in a period of parliamentary recess or dissolution, legislation could not be introduced in time, or at all. The Committee recommends, instead, the introduction of legislation to empower the Secretary of State to make an executive order (with the agreement of the Attorney General and subject to rigorous safeguards), that would temporarily extend the maximum period available for pre-charge detention to 28 days. There would have to be an independent review of the case for making such an order. The Director of Public Prosecutions would continue to be responsible for applications to a High Court judge in individual cases. The Secretary of State would be accountable to Parliament for the decision once there was no longer any risk of prejudicing judicial proceedings.
Democratic Oversight Of Intelligence Services
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Author : Daniel Baldino
language : en
Publisher: Federation Press
Release Date : 2010
Democratic Oversight Of Intelligence Services written by Daniel Baldino and has been published by Federation Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Political Science categories.
This book addresses the development, and the challenges and impediments, to democratic oversight and review of the intelligence community in Australia, Japan, Canada, New Zealand, the US and UK. The promotion of democratic oversight of the intelligence community has gained renewed significance in the aftermath of 9/11.