Privy Council Review Of Intercept As Evidence

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Privy Council Review of intercept as evidence

John Sir Chilcot,Privy Council Review,Great BritainHome Office
Privy Council Review of intercept as evidence Book PDF

Author : John Sir Chilcot,Privy Council Review,Great BritainHome Office
Publisher : The Stationery Office
Page : 76 pages
File Size : 43,5 Mb
Release : 2008-02-06
Category : Law
ISBN : 0101732422

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Privy Council Review of intercept as evidence by John Sir Chilcot,Privy Council Review,Great BritainHome Office Pdf

The creation of this Privy Council Review was announced on 25 July 2007 "to advise on whether a regime to allow the use of intercepted material in court can be devised that facilitates bringing cases to trial while meeting the overriding imperative to safeguard national security". All bodies and individuals that met with or provided evidence to the Review were in favour in principle of intercept as evidence. But there were very different views as to whether national security could be safeguarded effectively. The Review endorses the principles that: there is an overriding imperative to safeguard national security; all trials must be (and be seen to be) procedurally fair; the State should wherever possible prosecute those it believes are involved in terrorism or other serious crimes; in any criminal prosecution the best available evidence should be made available in court. The report examines: current use of intercept; potential use and benefit of intercept as evidence; risks; resource implications; new communications technology; relevance of experiences of other countries; legal models. The Review concludes that intercept as evidence should be introduced. It believes that it would be possible to provide for the use of intercept as evidence in criminal trials in England and Wales by developing a robust legal model, based in statute and compatible with the European Convention on Human Rights. A model - PII Plus (PII = Public Interest Immunity) - is suggested as the basis, and the Review outlines further preparatory work and confidence-building measures necessary to develop a detailed regime.

Intelligence and Security Committee annual report 2008-2009

Great Britain: Intelligence and Security Committee
Intelligence and Security Committee annual report 2008 2009 Book PDF

Author : Great Britain: Intelligence and Security Committee
Publisher : The Stationery Office
Page : 60 pages
File Size : 53,9 Mb
Release : 2010-03-11
Category : Law
ISBN : 0101780729

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Intelligence and Security Committee annual report 2008-2009 by Great Britain: Intelligence and Security Committee Pdf

This report details the work of the Intelligence and Security Committee (ISC) for the period December 2008 to July 2009. The majority of the Committee's time during the reporting period was spent examining and taking evidence on the policy, administration and expenditure of the three intelligence and security Agencies and the wider intelligence community. The remainder of the Committee's time this year has been spent on two separate investigations: updating its "Review of the Intelligence on the London Terrorist Attacks on 7 July 2005" to reflect developments since the review was originally sent to the Prime Minister on 8 July 2008 (the completed review was published on 19 May 2009, Cm. 7617, ISBN 9780101761727); and conducting an investigation - as a result of allegations surrounding the case of Binyam Mohamed al-Habashi - into the policies and procedures that the Agencies follow with regard to contact with detainees, and also intelligence sharing more widely.

Critical Perspectives on Counter-terrorism

Lee Jarvis,Michael Lister
Critical Perspectives on Counter terrorism Book PDF

Author : Lee Jarvis,Michael Lister
Publisher : Routledge
Page : 251 pages
File Size : 45,7 Mb
Release : 2014-12-17
Category : Political Science
ISBN : 9781135077495

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Critical Perspectives on Counter-terrorism by Lee Jarvis,Michael Lister Pdf

This volume examines the rationale, effectiveness and consequences of counter terrorism practices from a range of perspectives and cases. The book critically interrogates contemporary counter-terrorism powers from military campaigns and repression through to the prosecution of terrorist suspects, counter-terrorism policing, counter-radicalisation programmes, and the proscription of terrorist organisations. Drawing on a range of timely and important case studies from around the world including the UK, Sri Lanka, Spain, Canada, Australia and the USA, its chapters explore the impacts of counter-terrorism on individuals, communities, and political processes. The book focuses on three questions of vital importance to any assessment of counter-terrorism. First, what do counter-terrorism strategies seek to achieve? Second, what are the consequences of different counter-terrorism campaigns, and how are these measured? And, third, how and why do changes to counter-terrorism occur? This volume will be of much interest to students of counter-terrorism, critical terrorism studies, criminology, security studies and IR in general.

The Home Office's response to terrorist attacks

Great Britain: Parliament: House of Commons: Home Affairs Committee
The Home Office s response to terrorist attacks Book PDF

Author : Great Britain: Parliament: House of Commons: Home Affairs Committee
Publisher : The Stationery Office
Page : 40 pages
File Size : 48,6 Mb
Release : 2010-02-02
Category : Law
ISBN : 0215543688

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The Home Office's response to terrorist attacks by Great Britain: Parliament: House of Commons: Home Affairs Committee Pdf

Calls for the merger of many different counter-terrorism committees into a single, formalised National Security Committee, chaired by the Home Secretary or Prime Minister and assisted by a National Security Advisor.

Improperly Obtained Evidence in Anglo-American and Continental Law

Dimitrios Giannoulopoulos
Improperly Obtained Evidence in Anglo American and Continental Law Book PDF

Author : Dimitrios Giannoulopoulos
Publisher : Bloomsbury Publishing
Page : 349 pages
File Size : 43,5 Mb
Release : 2019-02-21
Category : Law
ISBN : 9781509923250

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Improperly Obtained Evidence in Anglo-American and Continental Law by Dimitrios Giannoulopoulos Pdf

This is the first book to offer an extensive cosmopolitan, cross-cultural insight into the perennial controversy over the use of improperly obtained evidence in criminal trials. It challenges the conventional view that exclusionary rules are idiosyncratic of Anglo-American law, and highlights the 'constitutionalisation' and 'internationalisation' of criminal evidence and procedure as a cause of rapprochement (or divergence) beyond the Anglo-American and Continental law divide. Analysis focuses on confessional evidence and evidence obtained by search and seizure, telephone interceptions and other means of electronic surveillance. The laws of England and Wales, France, Greece and the United States are systematically compared and contrasted throughout this study, but, where appropriate, analysis extends to other Anglo-American and Continental legal systems. The book reviews exclusionary rules vis-à-vis the operation of judicial discretion, and explores the normative justifications that underpin them. It attempts to reinvigorate the idea of excluding evidence to protect constitutional or human rights (the rights thesis), arguing that there is significant scope for Anglo-American and Continental legal systems to place a renewed emphasis on it, particularly in relation to confessional evidence obtained in violation of custodial interrogation rights; we can locate an emerging rapprochement, and unique potential for European Court of Human Rights jurisprudence to build consensus in this respect. In marked contrast, remaining divergence with regard to evidence obtained by privacy violations means there is little momentum to adopt a reinvigorated rights thesis more widely. Longlisted for the Inner Temple Book Prize 2022.

Counterterrorism: Democracy’s Challenge

Andrea Bianchi,Alexis Keller
Counterterrorism Democracy s Challenge Book PDF

Author : Andrea Bianchi,Alexis Keller
Publisher : Bloomsbury Publishing
Page : 470 pages
File Size : 40,7 Mb
Release : 2008-07-30
Category : Law
ISBN : 9781847314376

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Counterterrorism: Democracy’s Challenge by Andrea Bianchi,Alexis Keller Pdf

Terrorist violence is no novelty in human history and, while government reactions to it have varied over time, some lessons can be learnt from the past. Indeed, the debate on when and how a state should use emergency powers that limit individual freedoms is nearly as old as the history of political thought. After reviewing some history of state responses to terrorist violence and their efficacy, this book sets out to assess the effects of contemporary counterterrorism law and policies on democratic states. In particular, it considers the interaction between national and international law in shaping and implementing anti-terror measures, and the difficult role of the judiciary in striking a balance between security concerns and fundamental rights. It also examines the strains this has caused on some democracies, especially a blurring in the separation of powers between the legislative, executive and judicial branches of government, giving reason to enquire afresh whether new paradigms are needed. Finally, the issue of whether the doctrine of constitutionalism can provide an appropriate frame of analysis to encapsulate current developments in international law in response to terrorism is broached. By drawing on the expertise of historians, political scientists and lawyers, this book promotes transdisciplinary dialogue, recognising that counterterrorism is an issue at the intersection of law and politics that has profound implications for democratic institutions and practices.

Freedom of Information

Patrick Birkinshaw
Freedom of Information Book PDF

Author : Patrick Birkinshaw
Publisher : Cambridge University Press
Page : 579 pages
File Size : 52,5 Mb
Release : 2010-04-01
Category : Law
ISBN : 9781139487498

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Freedom of Information by Patrick Birkinshaw Pdf

Enacted in 2000 and in operation in the UK since 2005, the Freedom of Information (FOI) Act has revealed information which has generated calls for constitutional reform. A massive 'information jurisprudence' has developed through the decisions of the Information Commissioner, the Information Tribunal and the courts. Governments' responses to the war on terror have involved increased resort to claims of national security and accompanying secrecy, but these developments have to exist alongside demands for FOI and transparency. FOI has to balance access to and protection of personal information, and major amendments have been made to the Data Protection Act in order to balance the competing demands of transparency and privacy. This detailed discussion of FOI laws and personal data laws examines the historical development of secrecy, national security and government, and their modern context.

Draft Enhanced Terrorism Prevention and Investigation Measures Bill

Great Britain: Parliament: Joint Committee on the Draft Enhanced Terrorism Prevention and Investigation Measures Bill
Draft Enhanced Terrorism Prevention and Investigation Measures Bill Book PDF

Author : Great Britain: Parliament: Joint Committee on the Draft Enhanced Terrorism Prevention and Investigation Measures Bill
Publisher : The Stationery Office
Page : 48 pages
File Size : 44,7 Mb
Release : 2012-11-27
Category : Law
ISBN : 0108476308

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Draft Enhanced Terrorism Prevention and Investigation Measures Bill by Great Britain: Parliament: Joint Committee on the Draft Enhanced Terrorism Prevention and Investigation Measures Bill Pdf

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.

Counter-Terrorism, Human Rights and the Rule of Law

Aniceto Masferrer,Clive Walker
Counter Terrorism Human Rights and the Rule of Law Book PDF

Author : Aniceto Masferrer,Clive Walker
Publisher : Edward Elgar Publishing
Page : 354 pages
File Size : 44,8 Mb
Release : 2013-09-30
Category : Political Science
ISBN : 9781781954478

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Counter-Terrorism, Human Rights and the Rule of Law by Aniceto Masferrer,Clive Walker Pdf

ŠA deep and thoughtful exploration of counter-terrorism written by leading commentators from around the globe. This book poses critical questions about the definition of terrorism, the role of human rights and the push by many governments for more secu

Organised Crime and the Law

Liz Campbell
Organised Crime and the Law Book PDF

Author : Liz Campbell
Publisher : Bloomsbury Publishing
Page : 316 pages
File Size : 43,8 Mb
Release : 2013-02-01
Category : Law
ISBN : 9781782250784

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Organised Crime and the Law by Liz Campbell Pdf

Organised Crime and the Law presents an overview of the laws and policies adopted to address the phenomenon of organised crime in the United Kingdom and Ireland, assessing the changes to these justice systems, in terms of the prevention, investigation, prosecution and punishment of such criminality. While the notion of organised crime is a contested one, States' legal responses treat it and its constituent offences as unproblematic in a definitional sense. This book advances a systematic doctrinal critique of these domestic criminal laws,laws of evidence and civil processes. Organised Crime and the Law focuses on the tension between due process and crime control, the demands of public protection and risk aversion, and other adaptations. In particular, it identifies parallels and points of divergence between the different jurisdictions in the UK and Ireland, bearing in mind the shared history of subversive threats and counter-terrorism policies. It also examines the extent to which policy transfer is evident in the UK and Ireland in terms of emulating the United States in reacting to organised crime.

National Security Law, Procedure and Practice

Caroline Stone,Karl Laird
National Security Law Procedure and Practice Book PDF

Author : Caroline Stone,Karl Laird
Publisher : Oxford University Press
Page : 1105 pages
File Size : 49,6 Mb
Release : 2024-05-23
Category : Law
ISBN : 9780198895305

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National Security Law, Procedure and Practice by Caroline Stone,Karl Laird Pdf

A comprehensive, detailed and updated account of UK national security law in all its aspects, National Security Law, Procedure and Practice is the only book to collate and explain all the elements of law, both substantive and procedural, and the practical issues which may arise in national security litigation. The specialised nature of the subject makes this book a vital text, not only for those seeking an overview of national security law, but also for experienced practitioners instructed to act in proceedings in which national security issues may arise. The intense media and public scrutiny which accompanies many national security cases makes this book of interest to a wider audience seeking to understand the legal context of such cases. This new edition draws on the professional experience of a team of expert contributors and covers all recent legislation, case law and guidance. It provides a detailed explanation of the National Security Act 2023, which repeals and replaces the existing law relating to state threats. The new Act introduces significant new offences and executive powers, including the power to impose state threat prevention and investigation measures ('STPIMs'), and creates a new scheme for the registration of foreign political influence activities. The second edition also includes analysis of the landmark Supreme Court decision in Shamima Begum, which re-evaluates the respective roles of the government and the courts in national security matters and has ramifications throughout the work; a comprehensive explanation of the National Security and Investment Act 2021; a fully revised chapter on sanctions law; and an updated explanation of the continued impact of EU law on UK national security law. This second edition of National Security Law, Procedure and Practice will be an invaluable resource for judges, policymakers, legislators, oversight bodies, academic experts and students in a variety of legal fields.

Criminal Justice

Andrew Sanders,Richard Young,Mandy Burton
Criminal Justice Book PDF

Author : Andrew Sanders,Richard Young,Mandy Burton
Publisher : Oxford University Press
Page : 849 pages
File Size : 51,7 Mb
Release : 2010-07-15
Category : Law
ISBN : 9780199541317

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Criminal Justice by Andrew Sanders,Richard Young,Mandy Burton Pdf

This text concentrates on the apprehension, investigation and trial of suspected offenders, overlaying its analysis with a critical appraisal of the system and suggesting pointers to improvement.

Civil Liberties, National Security and Prospects for Consensus

Esther D. Reed,Michael Dumper
Civil Liberties National Security and Prospects for Consensus Book PDF

Author : Esther D. Reed,Michael Dumper
Publisher : Cambridge University Press
Page : 281 pages
File Size : 51,7 Mb
Release : 2012-03
Category : Law
ISBN : 9781107008984

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Civil Liberties, National Security and Prospects for Consensus by Esther D. Reed,Michael Dumper Pdf

Leading scholars engage the false dichotomy whereby 'security' and basic liberties are set in opposition.

A War on Terror?

Marianne Wade,Almir Maljevic
A War on Terror Book PDF

Author : Marianne Wade,Almir Maljevic
Publisher : Springer Science & Business Media
Page : 554 pages
File Size : 53,6 Mb
Release : 2009-11-05
Category : Law
ISBN : 9780387892917

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A War on Terror? by Marianne Wade,Almir Maljevic Pdf

Marianne Wade and Almir Maljevi? Although the worries about terrorism paled in comparison to the economic crisis as a topic during the last US election, one can find plenty of grounds to assume that they remain issue number one in the minds of politicians in Europe. As the German houses of Parliament prepare to call in the mediation committee in the discussion of legislation which would provide the Federal Police – thus far mandated purely with the post-facto investigation of crime – with powers to act to prevent acts of terrorism, Spain’s struggle with ETA and the British Government licks its wounds after a resounding defeat of its latest anti-terrorist proposals by the House of Lords, one cannot but wonder whether post 9/11, the Europeans are not even more concerned with terrorism than their US counterparts. A look at media reports, legislative and judicial activities in either Britain or Germany clearly underlines that those two countries are deeply embroiled in anti-terrorist activity. Can it be that Europe is embroiled in the “War on Terror”; constantly providing for new arms in this conflict? Or is it a refusal to participate in the “War on Terror” that fuels a constant need for Parliaments to grapple with the subject; begrudgingly conceding one increasingly draconian measure after the other? The question as to where Europe stands in the “War on Terror” is a fascinating one, but one, which is difficult to answer.

Legislative scrutiny

Great Britain: Parliament: Joint Committee on Human Rights
Legislative scrutiny Book PDF

Author : Great Britain: Parliament: Joint Committee on Human Rights
Publisher : The Stationery Office
Page : 68 pages
File Size : 40,5 Mb
Release : 2011-07-19
Category : Political Science
ISBN : 0108473651

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Legislative scrutiny by Great Britain: Parliament: Joint Committee on Human Rights Pdf

The Bill published as HCB 211, session 2010-12 (ISBN 9780215558374)