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Law of terrorism - Essay Example

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Law on terrorism Name: University: Course: Tutor: Date: Law on terrorism Introduction The UK has broad legislative counter-terrorism framework including Terrorism Act of 2000 that was enacted in response to terrorism attacks from Irish Republic Army and Ulster Freedom Fighters1…
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Download file to see previous pages The Terrorism Act 2000 criminalises terrorism while subsequent legislation like Anti-terrorism crime and security Act 2001 counters terrorism through port controls, forfeiture of terrorism linked assets and detention without trial. Intelligence surveillance is essential in protecting civil liberties and curtailing terrorism related activities in the UK. Other policy makers have asserted the intelligence surveillance intrudes the privacy of citizens and undermines democratic values. Surveillance activities entail intercepting communication channels such as telephone conversations, bugging, spying and entry and search missions in private properties. In the case of Malone v. Met Police Commissioner (no.2) (1979) 2 All ER 620, the plaintiff argued that the Crown had no any powers to tap telephones and that he had rights of privacy and confidentiality in respect of the telephone conversations2. However, the court dismissed the plaintiff claims on the basis that no particular privacy right had been infringed without molestation and telephone methods did not infringe any law. The plaintiff further argued that Article 8 of the 1950 Convention had conferred him the rights to privacy and family life. However, the plaintiff appealed the decision of the court in the case of Malone v. ...
The new Acts provided the legal framework for surveillance tools and outlawed unlawful interception of telephone communications. However, the Interception of Communications Act 1985, allowed the Secretary of State to issue a warrant for the interception of conversations in furtherance of national security and prevention of serious crimes in the UK. Further, in the case of Halford v. UK (1997) 24 EHRR 523, the court held that citizens expect a reasonable degree of privacy in the workplace4. Accordingly, the UK courts have held that undercover police women cannot obtain incriminating evidence through befriending men who have been accused of murder since it is a violation of Code C of PACE5. The enactment of regulation of Investigatory Powers Act 2000 paved way for the legal framework on interception of communications from suspected terrorists. Part II of the Act deals with covert surveillance and the code of practice during surveillance intelligence gathering. The Act defines the acts of the intelligence officers that can be construed as surveillance and includes the recording, observation, and listening of conversations of the communications. Section 26 of the RIPA ACT outlines the nature of intelligence including the directed intelligence and intrusive intelligence that will occur in private property or vehicle. The RIPA Act 2000 allows the public bodies to intercept telecom communications and use covert intelligence sources in promoting national security. Accordingly, the act allows the intelligence bodies to access decrypted data and conduct mass surveillance on transit data in order to uncover terrorism related activities. The intelligence authorities have the powers to monitor the internet activities and can ...Download file to see next pagesRead More
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