The Northern Ireland peace process has been heralded by those involved as a successful example of transformation from a violent conflict to a peaceful society. This book examines the implementation of the Belfast Agreement in Northern Ireland, and evaluates whether its goal to establish a normal, peaceful society has been fully realised. Using the political and legal status of England, Scotland and Wales as a comparison, Jessie Blackbourn evaluates eight aspects of Northern Ireland which the Agreement aimed to normalise: the contested constitutional status of Northern Ireland, the devolution of power, decommissioning, the removal of emergency laws, demilitarisation, police reform, criminal justice reform, and paramilitary prisoners. The book highlights the historical context which gave rise to the need for a programme of normalisation within the Belfast Agreement with respect to these areas and assesses the extent to which that programme of normalisation has been successfully implemented. By evaluating the implementation of the Belfast Agreement, the book demonstrates the difficulties that transitional or post-conflict states face in attempting to wind back extraordinary counter-terrorism policies after periods of violence have been brought to an end. The book will be of great use to students and researchers concerned with the emergence, evolution and repeal of anti-terrorism laws, and anyone interested in the history of the conflict and peace process in Northern Ireland.
This is the fourth and final report from the Independent Monitoring Commission on the progress made in the two year programme of security normalisation begun in August 2005. The monitoring is undertaken in the light of two considerations: an assessment of the paramilitary threat, and the British Government's obligation to ensure the safety and security of the community as a whole. The Commission believes the Provisional IRA is committed to the political path and has abandoned terrorism and violence. Dissident republican groups, however, continue to pose a threat to both the security forces and the community at large. Loyalist paramilitaries do not pose a threat, though the Commission notes that the UDA has made no progress in decommissioning weapons. The security normalisation is examined under several headings: the use of military in support of the Police Service of Northern Ireland; the repeal of counter-terrorist legislation particular to Northern Ireland; the police estate; and patterns of police patrolling. Of particular note is the fact that, for the second year running, the parades of 12 July were policed without the need for military assistance. Various annexes detail the closure of towers, observation posts, and military bases, and the monthly troop levels and military helicopter use in Northern Ireland over the two year period. Overall, the Commission finds that the requirements of the programme have been met.
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 Special Criminal Court: Practice and Procedure is the first general textbook in four decades to cover all aspects of the Special Criminal Court. It is a comprehensive and detailed review of the Court's rulings, legislative developments, and procedural and evidential rules. In light of the fact that the Special Criminal Court is a creature of statute, the procedural rules are extraordinarily specific and this book sets these out comprehensively and clearly, so as to be accessible and useful to the practitioner. It provides practitioners with all relevant material on the practical considerations, procedural requirements, and evidential issues specific to the Special Criminal Court. The book covers the range of offences typically tried by the Court, and contains detailed discussions on: - The most recent case law and legislative developments - Subversive crime and the special evidential requirements relating to subversive crime - The rules of the Special Criminal Court and the specific procedure applicable in that court - The challenges taken to the Special Criminal Court regime in light of the Constitution and the European Convention on Human Rights - Witness protection - Investigative powers - Surveillance - Accomplice evidence - Disclosure and privilege in the context of the Special Criminal Court - Organised crime
This report covers the operation of the Terrorism Acts in 2012. It summarises the independent reviewer's observations of the use of the powers during the year. Although the report makes no far-reaching recommendations (unlike in previous years), it does provide a much more detailed picture of the threat to the UK from terrorism and the role of this legislation. The independent reviewer in particular presents a fuller picture of the terrorist threat to the United Kingdom and its nationals, drawing particularly on the period 2010-2012; reviews the operation of all aspects of the Acts during 2012; requests views on possible changes to the definition of terrorism, with a view to making future recommendations; records progress made in relation to previous recommendations (e.g. in relation to proscription); and identifies other important issues (e.g. in relation to Schedule 7, currently subject to parliamentary as well as judicial attention). The Independent Reviewer considers the results of a programme of cautious and selective liberalisation of UK laws for dealing with terrorism are to be positive ones but that the threat from terrorism remains a substantial one. Amongst recommendations made were those relating to the rules relating to proscription (and in particular deproscription), some aspects of schedule 8 detention and the operation of schedule 7 power to stop and examine those travelling through ports
A TSO version of a title previously published by HM Government made available under the Open Government Licence v3.0(http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/)