Download or read book Privy Council Review of intercept as evidence written by John Sir Chilcot and published by The Stationery Office. This book was released on 2008-02-06 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Intercept as evidence written by Great Britain: Home Office and published by Stationery Office. This book was released on 2009-12-10 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report sets out the key findings and conclusions of a test of a model, set up following the Privy Council Review's recommendations (Cm. 7324, ISBN 9780101732420), to see whether a regime to allow the use of intercepted material in court could be devised that facilitates bringing cases to trial while meeting the overriding imperative to safeguard national security. The project looked at the potential evidential benefits of an intercept as evidence regime and whether the model developed to meet them could both be legally viable and meet the Privy Council review's operational requirements. The evidential impact would most likely make trials more complex due to the amount of material generated and challenges from defences. Legal advice unanimously concluded that the model tested would not be legally viable and would breach some of the Review's operational requirements. The collective view of the departments, intercepting agencies and prosecution authorities is that the model tested does not provide a viable basis for implementation. The government remains committed to the principle of using intercept as evidence and will pursue three further areas of work to try to identify a way forward, reproting to Parliament before the Easter 2010 recess.
Download or read book Privy Council Review of intercept as evidence written by John Sir Chilcot and published by Stationery Office. This book was released on 2008-02-06 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Countering Terrorism in Britain and France written by Frank Foley and published by Cambridge University Press. This book was released on 2013-03-14 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Frank Foley presents the first in-depth comparative analysis of counterterrorist operations in two leading liberal democracies.
Download or read book Terrorism and the Law written by Clive Walker and published by Oxford University Press. This book was released on 2011-03-03 with total page 629 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Privacy in the 21st Century written by Alexandra Rengel and published by Martinus Nijhoff Publishers. This book was released on 2013-10-02 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Privacy in the 21st Century Alexandra Rengel offers an assessment of the international right to privacy within both a historical and modern context. The book explores the underpinnings of privacy in religion, philosophy, and the law. The author explores the evolution of the legal concept of the right to privacy and offers a comparative law analysis of the global protections of privacy offered by individual states, international agreements, and recognized international legal norms. The author peers into the future of privacy, the technologies which affect the right to privacy, and the ways in which privacy may be protected in the future within the domestic and international law contexts. The author offers her insightful views on possible solutions to counteract encroachments on the right to privacy.
Download or read book Evidence written by Roderick Munday and published by Oxford University Press. This book was released on 2022-03-22 with total page 607 pages. Available in PDF, EPUB and Kindle. Book excerpt: Munday's Evidence is a concise yet stimulating introduction to the key areas of the law of evidence. Vibrant and engaging, the book demystifies a traditionally intimidating subject. Careful analysis of the issues, both historic and current, ensures that the text thoroughly explores the 'core' of the subject. Evidence is the ideal companion for those keen to grasp the core principles and current law of evidence. Digital formats and resources The eleventh edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks Guidance on answering the questions in the book can be found online.
Download or read book Freedom of Information written by Patrick Birkinshaw and published by Cambridge University Press. This book was released on 2010-04-01 with total page 579 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Research Handbook on International Law and Terrorism written by Ben Saul and published by Edward Elgar Publishing. This book was released on 2020-04-24 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt: This newly revised and updated second edition provides a comprehensive overview of international counter-terrorism law and practice. Brand new and revised chapters provide critical commentary on the law from leading scholars and practitioners in the field, including new topics for this edition such as foreign terrorist fighters, the nexus between organized crime and terrorism, and the prevention of violent extremism.
Download or read book Covert Investigation written by Clive Harfield and published by Oxford University Press, USA. This book was released on 2012-06-14 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: The leading practical guide for anyone working in covert investigation. Containing new case law and updates to all the relevant legislation and codes of practice, the book is designed to help officers improve the quality of RIPA applications and ensure they are made in appropriate circumstances.
Download or read book Critical Perspectives on Counter terrorism written by Lee Jarvis and published by Routledge. This book was released on 2014-12-17 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Transnational Organised Crime written by Tom Obokata and published by Routledge. This book was released on 2016-10-04 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt: Organised crime covers a wide range of activities, including drug trafficking, illegal trafficking of people, and fraud. The existence of a land border does not impede these operations; instead in many cases it is used to their advantage. In response, law enforcement strategies must include a transnational, multi-agency approach. This book critically analyses the extent to which Northern Ireland and the Republic of Ireland have been successful in implementing effective action against transnational organised crime. It explores the adoption of key law enforcement strategies and measures in these jurisdictions, and evaluates how regional (EU law) and international (UN Convention) standards have been implemented at the national level. Drawing on interviews with over 90 stakeholders including the Department of Justice Northern Ireland, the Department of Justice and Equality in Ireland, the Police Service of Northern Ireland and An Garda Síochána, Tom Obokata and Brian Payne discuss the factors affecting the effective prevention and suppression of organised crime, particularly in relation to cross-border cooperation. In exploring challenges of transnational crime and cooperation, this book will be of great use to students and researchers in international and transnational criminal law, criminology, and crime prevention.
Download or read book Improperly Obtained Evidence in Anglo American and Continental Law written by Dimitrios Giannoulopoulos and published by Bloomsbury Publishing. This book was released on 2019-02-21 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Oxford Handbook of National Security Intelligence written by Loch K. Johnson and published by Oxford University Press. This book was released on 2010-03-12 with total page 903 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of National Security Intelligence is a state-of-the-art work on intelligence and national security. Edited by Loch Johnson, one of the world's leading authorities on the subject, the handbook examines the topic in full, beginning with an examination of the major theories of intelligence. It then shifts its focus to how intelligence agencies operate, how they collect information from around the world, the problems that come with transforming "raw" information into credible analysis, and the difficulties in disseminating intelligence to policymakers. It also considers the balance between secrecy and public accountability, and the ethical dilemmas that covert and counterintelligence operations routinely present to intelligence agencies. Throughout, contributors factor in broader historical and political contexts that are integral to understanding how intelligence agencies function in our information-dominated age.
Download or read book Human Rights in the Investigation and Prosecution of Crime written by Madeleine Colvin and published by Oxford University Press. This book was released on 2009-11-12 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: A practical analysis of the workings of the criminal law in the context of human rights, dealing systematically with the various stages of investigation, arrest and detention in police custody, court procedure, evidence, sentencing, and appeals.
Download or read book Surveillance Counter Terrorism and Comparative Constitutionalism written by Fergal Davis and published by Routledge. This book was released on 2014-01-03 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: The decade after 11 September 2001 saw the enactment of counter-terrorism laws around the world. These laws challenged assumptions about public institutions, human rights and constitutional law. Those challenges are particularly apparent in the context of the increased surveillance powers granted to many law enforcement and intelligence agencies. This book brings together leading legal scholars in the field of counter-terrorism and constitutional law, and focuses their attention on the issue of surveillance. The breadth of topics covered in this collection include: the growth and diversification of mechanisms of mass surveillance, the challenges that technological developments pose for constitutionalism, new actors in the surveillance state (such as local communities and private organisations), the use of surveillance material as evidence in court, and the effectiveness of constitutional and other forms of review of surveillance powers. The book brings a strong legal focus to the debate surrounding surveillance and counter-terrorism, and draws important conclusions about the constitutional implications of the expansion of surveillance powers after 9/11.
Download or read book National Security Law Procedure and Practice written by Caroline Stone and published by Oxford University Press. This book was released on 2024-03-21 with total page 1105 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
