Terrorism and civil liberties in the UK Free Essay Example, 2250 words

Control orders limit the freedom of movement and communication of those who are detained under the provisions of the Terrorism Acts. The indefinite detention of foreign terror suspects and the use of control orders22 especially, violate the provisions of the Human Rights Act of 1998. The Terrorism Act of 2000 has significantly expanded the powers of the Home Office and security and police forces on issues such as the establishment and maintenance of terrorist organizations, support by individuals of terrorist organizations, the suspicion of initiation of terrorist activity on British soil and the glorification of terrorism in any shape or form. Hammerton views the Terrorism Act of 2000 as â€Å"a serious assault on civil liberties† because it uses a very broad definition of terrorism, so that under the scope of such an expanded definition, even those who cause damage to property, interfere with electronic systems or support resistance against repressive regimes would be subject to punitive action taken under its provisions. 23 Actions falling within the scope of terrorism include acts which may not be strictly terrorist, but where the police will be permitted to launch a terrorist investigation. 24 Section 3 of the Act allows the Secretary of State to proscribe any organization if he believes it is linked to terrorist activity or supporting terrorist activity and there is no requirement for a case to be made out first before such action is taken25.We will write a custom essay sample on Terrorism and civil liberties in the UK or any topic specifically for you Only $17.96 $11.86/pageorder now This could constitute a serious infringement of the right to a fair trail of the organization in question. Police are also provided the power to search and arrest any person they believe to be a terrorist, without a warrant26. As Hammerton points out, this constitutes a serious infringement on civil liberties, because terrorism is given a wide description under the Act, as a result the police can stop, search and arrest anyone engaging in suspicious activity, without any need to provide reasonable grounds for their suspicions or actions. 27 Under PACE 1984 and the Terrorism Act, police officers can now apply to circuit judges to sub poena documents they believe vital in a terrorist investigation and can even undertake surveillance operations on suspected members of the public without any authorization, on the basis that national security is at risk or for â€Å"the purpose of preventing or detecting crime. †28 The justification that has been offered is the fact that they are a â€Å"necessary and proportionate response to the threat that we continue to face†, a position that the House of Lords found to be unacceptable – indefinite detention of individuals on grounds of suspicion of terrorist activity was held to be incompatible with human rights. 29 According to Lord Nicholls: â€Å"Indefinite imprisonment without charge or trial is anathema in any country which observes the rule of law.