Rebalancing, Reviewing or Rebranding the Treatment of Terrorist Suspects: the Counter-Terrorism Review 2011

Middleton, Ben (2011) Rebalancing, Reviewing or Rebranding the Treatment of Terrorist Suspects: the Counter-Terrorism Review 2011. Journal of Criminal Law, 75 (3). pp. 225-248. ISSN 0022 0183

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Abstract

On 26 January 2011, the Home Secretary unveiled the outcome of the much-anticipated Counter-Terrorism Review, which straddled a political fault line between Conservative and Liberal Democrat policies. This article considers the impact of that review on the treatment of terrorist suspects. It is suggested that the review was both over-inclusive and under-inclusive in scope. While welcome reform and rebalancing has been instigated in some areas, the review represents missed opportunities in others, and on occasion offers little more than modest rebranding of pre-existing powers. It is argued that the review falls short of its target in three main areas: consideration should have been given to the use of a wide range of commonly charged terrorism offences; diplomatic assur- ances that individuals will not be subjected to ill-treatment following their deportation still need to be meaningfully assessed and reformed; and the regime which is set to replace control orders requires careful scrutiny. More welcome advances are clear in relation to the use of pre-charge detention and powers of stop and search. It is contended that the current political momentum needs to be seized if further advances are to be made in restoring the balance of civil liberties in these areas.

Item Type: Article
Subjects: Law > Law
Divisions: Faculty of Business and Law > Department of Law
Depositing User: Ben Middleton
Date Deposited: 14 Nov 2012 16:10
Last Modified: 14 Nov 2012 16:10
URI: http://sure.sunderland.ac.uk/id/eprint/3227

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