Temporary Exclusion Orders and the Right to a Fair Hearing in the UK – Oxford Human Rights Hub

Posted June 17th, 2020 in closed material, disclosure, human rights, judicial review, news, terrorism by sally

‘In QX v Secretary of State for the Home Department [2020], the UK High Court reached a landmark preliminary decision that ECHR Article 6 applies to the judicial review of obligations imposed under a Temporary Exclusion Order (TEO). The Court further held that the claimant is entitled to the level of disclosure outlined in SSHD v AF (No 3) [2009]. This judgement sets a welcome precedent for applying Article 6 to closed material proceedings under the Counter-Terrorism and Security Act 2015. It is also consistent with the procedural protections applied to the former regime for control orders, now succeeded by TPIM notices. The reasons given for applying the AF (No 3) standard of disclosure, however, demonstrate the persistence of a limited and discretionary approach to disclosure obligations in national security litigation.’

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Oxford Human Rights Hub, 4th June 2020

Source: ohrh.law.ox.ac.uk

Survivors of Manchester Arena bombing in legal action to secure core participant status at public inquiry – Local Government Lawyer

Posted June 16th, 2020 in explosives, inquiries, news, terrorism, victims by sally

‘Survivors of the Manchester Arena bombing are taking legal action to try to secure core participant status at the public inquiry into the atrocity.’

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Local Government Lawyer, 11th June 2020

Source: www.localgovernmentlawyer.co.uk

Shamima Begum’s UK citizenship should be restored, court told – The Guardian

Posted June 12th, 2020 in appeals, citizenship, government departments, immigration, news, terrorism by sally

‘Shamima Begum, the woman who left Britain as a schoolgirl to join Islamic State, cannot effectively challenge the government’s decision to deprive her of British citizenship while she is in a detention camp in northern Syria, the court of appeal has been told.’

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The Guardian, 11th June 2020

Source: www.theguardian.com

Manchester Arena attack inquiry: Survivors take legal action – BBC News

Posted June 10th, 2020 in inquiries, murder, news, terrorism, victims by sally

‘Survivors of the Manchester Arena attack are taking legal action after losing their bid to be represented at the public inquiry into the bombing.’

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BBC News, 9th June 2020

Source: www.bbc.co.uk

Whitehall held secret review into 15 possible cases of torture or rendition – The Guardian

‘Fifteen potential cases of torture or rendition involving British intelligence at the height of the “war on terror” were examined last year in a secret Whitehall review, whose existence was revealed in court proceedings on Tuesday.’

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The Guardian, 9th June 2020

Source: www.theguardian.com

Extremism body examines new hate crime – BBC News

Posted June 10th, 2020 in criminal justice, hate crime, news, statute law revision, terrorism by sally

‘The government’s adviser on extremism is investigating whether it’s possible to ban behaviour that leads people to hate each other.’

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BBC News, 10th June 2020

Source: www.bbc.co.uk

Neo-Nazi ‘diehards’ face jail for being part of banned far-right group – The Guardian

Posted June 9th, 2020 in news, proscribed organisations, terrorism by sally

‘Four neo-Nazi “diehards” are facing jail for being “active members” of the banned terrorist group National Action (NA).’

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The Guardian, 8th June 2020

Source: www.theguardian.com

Counter-Terrorism and Sentencing Bill: The Struggle to Balance Legislative Protection With Civil Liberties By Paul Canfield – Broadway House Chambers

‘As the Government unveils a new Counter-Terrorism and Sentencing Bill, this article briefly looks at the struggle to balance legislative protection with civil liberties in light of the recent Supreme Court decision in R v Adams (Appellant) (Northern Ireland) [2020] UKSC 19.’

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Broadway House Chambers, 29th May 2020

Source: broadwayhouse.co.uk

Article 6 applies to challenge to conditions imposed on suspected Al-Qaeda affiliate – an extended look – UK Human Rights Blog

Posted May 21st, 2020 in human rights, immigration, news, proscribed organisations, terrorism by sally

‘In a complicated but very important decision, the High Court has ruled as a preliminary issue that the procedural protections under Article 6 which require a person to be given sufficient information about the allegations against them so they can give effective instructions to their lawyers will apply to a challenge to conditions imposed by order on a man suspected to have affiliations to Al-Qaeda.’

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UK Human Rights Blog, 19th May 2020

Source: ukhumanrightsblog.com

Guildford pub bombings inquest can access closed files – BBC News

Posted May 21st, 2020 in disclosure, documents, explosives, inquests, news, terrorism, witnesses by sally

‘The resumed inquest into the Guildford pub bombs in 1974 will have access to more than 700 classified files, a pre-inquest review (PIR) has been told.’

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BBC News, 20th May 2020

Source: www.bbc.co.uk

Unconvicted terrorism suspects face indefinite controls under UK bill – The Guardian

‘Terrorism suspects who have not been convicted of any offence face expanded and potentially never-ending measures to control their lives under proposed counter-terrorism laws unveiled by the UK government.’

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The Guardian, 20th May 2020

Source: www.theguardian.com

New Judgment: R v Adams (Northern Ireland) [2020] UKSC 19 – UKSC Blog

Posted May 14th, 2020 in detention, news, Northern Ireland, Supreme Court, terrorism by sally

‘Under the Detention of Terrorists (Northern Ireland) Order 1972, art 4 an Interim Custody Order was made where the Secretary of State considered that an individual was involved in terrorism. On foot of an ICO, the person was taken into custody and had to be released within 28 days, unless the Chief Constable referred the matter to the Commissioner, who had the power to make a detention order if satisfied that the person was involved in terrorism.’

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UKSC Blog, 13th May 2020

Source: ukscblog.com

Gerry Adams wins appeal against Maze Prison escape convictions – BBC News

‘Gerry Adams has won his appeal to have two convictions for attempting to escape from prison in the 1970s overturned.’

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BBC News, 13th May 2020

Source: www.bbc.co.uk

Prisoner wins first round in challenge to terrorism law – The Guardian

‘A prisoner convicted of stirring up religious hatred has won the first round in his legal challenge to emergency legislation preventing early automatic release of terrorism offenders.’

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The Guardian, 5th May 2020

Source: www.theguardian.com

Ministers aim to extend legally binding deadline on Prevent review – The Guardian

‘The government will attempt to push back a legally binding deadline for the completion of an independent review of Prevent, the programme that aims to stop people becoming terrorists, the Guardian understands.’

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The Guardian, 28th April 2020

Source: www.theguardian.com

Convicted terrorists less likely to reoffend than other criminals – study – The Guardian

Posted April 28th, 2020 in news, recidivists, statistics, terrorism by sally

‘Convicted terrorists are extremely unlikely to reoffend compared with other prisoners, research by academics and security services in Europe has found.’

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The Guardian, 28th April 2020

Source: www.theguardian.com

Met police face legal action over death of PC Keith Palmer – The Guardian

Posted April 21st, 2020 in bereavement, codes of practice, families, inquests, negligence, news, police, terrorism by sally

‘The Metropolitan police are facing legal action over the death of PC Keith Palmer, murdered during a terrorist attack on parliament.’

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The Guardian, 20th April 2020

Source: www.theguardian.com

Case Comment by Nathan Davis – Pwr and others v Director of Public Prosecutions [2020] EWHC 798 (Admin) – is an offence under section 13(1) Terrorism Act 2000 a strict liability offence? – Park Square Barristers

Posted April 20th, 2020 in chambers articles, demonstrations, news, strict liability, terrorism by sally

‘Pwr and others v Director of Public Prosecutions [2020] EWHC 798 (Admin) – is an offence under section 13(1) Terrorism Act 2000 a strict liability offence?’

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Park Square Barristers, 9th April 2020

Source: www.parksquarebarristers.co.uk

The Terrorist Offenders (Restriction of Early Release) Bill – Pump Court Chambers

Posted March 31st, 2020 in bills, chambers articles, early release, news, parole, recidivists, terrorism by sally

‘The Terrorist Offenders (Restriction of Early Release) Bill was introduced into Parliament on the 3rd February 2020, as ‘emergency legislation’ in response to the Streatham Hill terrorist attack that took place on 2nd February 2020. This terrorist incident followed two other attacks by men who had also been convicted of terrorism offences and had recently been released from prison.’

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Pump Court Chambers, 30th March 2020

Source: www.pumpcourtchambers.com

New Judgment: Elgizouli (AP) v Secretary of State for the Home Department [2020] UKSC 10 – UKSC Blog

‘The appellant’s son is alleged to have been one of a group of terrorists operating in Syria, involved in the murder of US and British citizens. The US made a mutual legal assistance request to the UK in relation to an investigation into the activities of that group. The Home Secretary requested an assurance that the information would not be used directly or indirectly in a prosecution that could lead to the imposition of the death penalty. The US refused to provide a full death penalty assurance and the Home Secretary agreed to provide information to the US without requiring any assurance. The appellant challenged the Home Secretary’s decision by way of judicial review. The questions for the Supreme Court were firstly whether it is unlawful for the Secretary of State to exercise his power to provide MLA so as to supply evidence to a foreign state that will facilitate the imposition of the death penalty in that state on the individual and secondly whether it is lawful under the Data Protection Act 2018, Part 3 for law enforcement authorities in the UK to transfer personal data to law enforcement authorities abroad for use in capital criminal proceedings.’

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UKSC Blog, 25th March 2020

Source: ukscblog.com