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Is the Law Relating to the Offence of Dissemination of Terrorist Publications in Need of Reform - Essay Example

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Is the law relating to the offence of dissemination of terrorist publications in need of reform? Name Tutor Institution This task should provide a thorough analysis of the likely result of any possible changes in the law and explore legal commentary in respect to the existing law and any possible reforms…
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Is the Law Relating to the Offence of Dissemination of Terrorist Publications in Need of Reform
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Download file to see previous pages Recently, the UK government had problems in complying with provisions of the European Convention of Human rights in respect to its terrorism laws1. One measure in UK’s terrorism law is the pre-charge detention of terrorist suspects for up to twenty eight days without taking appearing in court. The British government intention to amend this law in 2008 and extend it to 42 days was unsuccessful. The government met resistance from civil right groups and parliamentarians who were against such measures since they saw it as an abuse of fundamental rights of individuals. The committee on human rights gave a conclusion that such measures were a breach of the right of liberty as in article five of the European Courts of Human Rights and derogation was necessary for the measure to be lawful2. Legal experts’ opinion was that the pre-charge detention for 42 days is disproportionate and European human rights laws do not provide legal framework for arbitrary arrests and detentions. Reaction from the British government was an explanation that the forty two day period was compatible with the ECHR. The European laws do not set a specific time period for which a person can be detained without appearing in court. ...
However, this made the Blaire’s government to be in conflict with parliament resulting in the defeat of the 90 day period proposed by Tony Blaire to a 28 day period3. The premier criticized parliament and the labour MPs who came against him. Defeat of Tony Blaire’s government concerning this anti-terrorism bill brought a debate on whether Mr Blaire was an independent premier or a lame duck that was unable to mobilize his party to support such a crucial bill. Basing on this, likely changes in the bill will have a political effect in the sense that parliament might opt to refuse the changes or support the changes. The media is likely play a role in discussing such issues, with either providing a critique of the said legislation or supporting the legislation on condition that they do not breach the individual rights of people. Changes in the terrorism act of 2006 are likely to affect fundamental human rights and freedom which include4, right to freedom of movement, right to privacy, right to non-discriminative policies, right to a remedy for breach of human rights, right to fair trial and freedom of expression. These rights are under protection of European Courts of Human Rights5 and the government of UK has committed itself to uphold them. Concerning these fundamental human rights, changes in terrorism act of 2006 will create new detention and questioning powers for security agencies in the UK, they will give the Attorney General new powers to proscribe terrorist organisations and will create new criminal offences and means of controlling people’s movements and activities. For instance, changes in terrorism law regarding attendance at a place formerly in use of terrorism activity, the ...Download file to see next pagesRead More
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