Clive Walker, Blackstone's Guide to the Anti-Terrorism Legislation

Author
Pages111-112
Published date01 January 2016
Date01 January 2016
DOI10.3366/elr.2016.0333

As Walker notes in the Preface to his Blackstone's Guide to the Anti-Terrorism Legislation, there has been no abatement to the at times near-frenzied rate of legislative change in this area. Coming just five years after the second, the third edition has had to accommodate the Terrorist Asset-Freezing etc. Act 2010, the Terrorism Prevention and Investigation Measures Act 2011, and the Protection of Freedoms Act 2012, alongside a number of key case such as R v Gul [2013] UKSC 64, HM Treasury v Ahmed [2010] UKSC 2, and Gillan and Quinton v UK (2010) 50 EHRR 45. Analysis of the most recent developments, the duty to prevent radicalisation under Part V of the Counter-Terrorism and Security Act 2015 and the Supreme Court's decision in Beghal [2015] UKSC 49, will have to await the fourth edition.

A great strength of this book is the clarity it provides to a series of laws that are often convoluted. As anyone who has tried to grapple with this area will know well, since 2000 the trend has not only been towards more legislation, but also towards longer and more complex legislation. Each chapter provides a clear critical exposition of the key provisions, illustrated with reference to case-law, followed by an assessment which draws upon academic and official commentaries. The assessment includes reference to the actual use of the powers, often with helpful statistical tables, and international comparisons where relevant, although the focus is, naturally, on the UK legislation.

In the introductory chapter, Walker provides a brief overview of the concept of terrorism and the Government's counter-terrorist strategy as set out in CONTEST (Cmnd 6888: 2006) before analysing the legal definition of terrorism and the function of anti-terrorist legislation. Chapter 2 examines the law against extremist organisations and speech contained in Part II of the Terrorism Act 2000 and the Terrorism Act 2006. Chapter 3 looks at terrorist funding and property, primarily with reference to Part III of the Terrorism Act 2000 and the Anti-Terrorism Crime and Security Act 2001, alongside discussion of the UN and EU sanctions regimes. Chapter 4 deals with terrorist investigations, including cordons and the compulsory obtaining of testimony and evidence such as the controversial offence of withholding information that may be of material assistance in preventing the commission of an act of terrorism (Terrorism Act 2000, s 38B). Chapter 5 turns to the operation of counter-terrorist powers...

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