Counter-terrorism review published

26 January 2011 by

The Home Office has published its long-awaited review of counter-terrorism and security powers. The review findings and recommendations are here.

Other key documents can be found via the following links:

The Home Office’s summary of the key recommendations is reproduced below:

  • a end to 28 day detention without charge – returning to 14 days as the standard maximum period that a terrorist suspect can be detained before they are charged or released
  • an end to the indiscriminate use of terrorism stop and search powers provided under Section 44 of the Terrorism Act 2000 [see our post]
  • the end to the use of the most intrusive RIPA powers used by local authorities to investigate low level offences and a new requirement that all applications [see our post]
  • by local authorities to use any RIPA techniques are approved by a magistrate
  • a commitment to rationalise the legal basis by which communications data can be acquired and, as far as possible, to limit that to RIPA
  • a stronger effort to deport foreign nationals involved in terrorist activities in this country, while fully respecting our human rights obligations; [see our post]
    the repeal of control orders and their replacement with a more focused and targeted regime which carries restrictions similar to powers used in the civil justice system [see our post]
  • additional resources to the police and security agencies to underpin the effectiveness of the new regime and our commitment to prosecuting wherever possible

As to control orders (see our most recent post on what they are and why they matter), they will be replaced with a new regime, under which:

  • restrictions that impact on an individual’s ability to follow a normal pattern of daily life will be kept to a minimum
  • the legislation will make clearer what restrictions can and cannot be imposed
  • the new measures will have a two year maximum time limit and will only be imposed by the Home Secretary with prior permission from the High Court, except in urgent cases

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  1. Law Think says:

    I fear that Lord Macdonald’s point about control orders stifling prosecution evidence often gets lost. It is a most compelling point.

  2. S.Legree says:

    Any other country would publicly execute terrorists who cause death indirectly or directly, or intend to.
    What are we waiting for?
    Have a referendum on that.

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