Anti-terrorism, Crime and Security Act
Anti-terrorism, Crime and Security Act Statutory Review and . detention provisions, who must report at least one month before the date. The Anti-terrorism, Crime and Security Act is an Act of Parliament of the United Kingdom, . Between those dates the government claimed that there existed in the United Kingdom a state of public emergency . This part outlines the timetable for the review of the Act by the independent reviewer of terrorism legislation. This document contains the following information: Anti-terrorism, Crime andSecurity Act Review: Report. This paper was laid before.
The key element of the bill was the government's determination to find a way to deal with foreign nationals whom the security services suspected of committing, organising or supporting terrorism. Under the European convention on human rightsmany of these individuals could not be deported because they came from countries with poor human rights records and faced torture or the death penalty if forced to return.
Anti-terrorism, Crime and Security Act - Wikipedia
Faced with suspected terrorists who they could neither prosecute nor deport, the government created provisions to indefinitely detain foreign nationals deemed to threaten national security without charging them or bringing them to trial. MPs were told that intelligence services had drawn up a list of approximately 20 Islamic fundamentalists who would be detained when the new legislation came into force. The act also enables communication service providers to retain data — not content — so that it can be accessed under existing legislation by law agencies investigating criminal and terrorist activity.
It was governed by a voluntary Code of Practice later codified into the Retention of Communications Data Code of Practice Orderwhich was developed in consultation with the Information Commissioner and industry. Communications data can include the identity and location of the caller, texter or web user. The government emphasised retained data was a vital tool for the security services and was necessary in order to safeguard national security and investigate crime.
In order to shepherd the bill through the House of Lords, the government made a series of concessions including a "sunset clause" for the controversial detention provisions and the communications data clause that meant elements of the act would expire unless they were renewed within five years.
Other clauses in the act would be reviewed by a privy council committee after two years, and any areas the committee had concerns about would be referred to and debated in parliament.
If they were not reaffirmed they would cease to be law within six months. The most controversial element of the bill proved to be the government's attempt to make a new criminal offence of inciting religious hatred.
The home secretary was forced to abandon the provisions, which would have extended race hate laws to cover religion, after peers twice voted against the measure.
National Implementation of IHL - Anti-terrorism, Crime and Security Act
The law was unjustifiably discriminatory. What if a British citizen was also suspected of terrorism which required that they be detained indefinitely without trial? There was no way to do it. There was no observable state of emergency threatening the life of the nation.
No other European country which had experienced far more severe crises had declared such a state of emergency over such a long time period, and certainly without anyone noticing.
The effect of such a declaration in British law is not to deprive the legislation of legal effect, and Parliament may, if it wishes, refuse to repeal or amend any provision declared to be incompatible.
Anti-terrorism, Crime and Security Act 2001
However the making of a declaration of incompatibility carries strong moral force, and creates considerable political pressure to address the incompatibility. This Act replaces detention in prison with " control orders " which allow for the imposition of an extensive and non-exhaustive set of conditions on the movements of the suspected person with restrictions approaching a form of house arrest.
At the time of its enactment there was considerable debate as to the compatibility of this Act's provisions with domestic and international human rights laws.
Eleven control orders were issued on the night the act passed on 11 March against the terrorist suspects who were due to be released. By October of that year only three were still in force. Part 5 Racial hatred [ edit ] This part substitutes "racially aggravated" with "racially or religiously aggravated" in some parts of the criminal law. Parts 6—8 Weapons of mass destruction [ edit ] This part makes it illegal to deal in biological or chemical weaponsor set off a nuclear explosion.
Anti-terrorism, Crime and Security Act 2001 Review: Report
It also makes it illegal to disclose information "which might prejudice the security of any nuclear site or of any nuclear material". Part 9 Aircraft security [ edit ] This part allows for the Secretary of State to make new regulations, and for the detention of aircraft where there is suspicion of an act of violence against a person on the aircraft.
Part 10 Police powers [ edit ] This part allows the police to forcefully obtain fingerprints and other identifying features from an individual to ascertain their identity, and for the Ministry of Defence Police to operate in civilian areas outside of military bases in certain circumstances. It also allows members of the British Transport Police to operate outside of their " natural jurisdiction " mainly the railways with regards to intervening in any crime committed in England and Wales and in Scotland.
This allows them to apprehend offenders or suspected offenders, seize or preserve evidence relating to a crime, and to act in order to prevent injury or harm to the public.