Chapter 15 Key debates

Police powers, public order and terrorism

Topic

‘Terrorism: Prevention of Terrorism Act 2005 ss. 2 and 3—Non-derogating Control Order—Whether “Deprivation of Liberty” under Article 5 European Convention on Human Rights’

Author/Academic

Clive Walker

Viewpoint

Comments on three House of Lords’ decisions on issues raised about non-derogating control orders made under ss 2 and 3 Prevention of Terrorism Act 2005.

Source

[2008] Criminal Law Review 486–503

Topic

‘The Widening Gyre: Counter-terrorism, Human Rights and the Rule of Law’

Author/Academic

Arthur Chaskalson

Viewpoint

Examines the parallels between some counter-terrorism measures introduced around the world in the wake of the US attacks of September 11, 2001 and the legal regime introduced in South Africa to support the policy of apartheid.

Source

(2008) 67 Cambridge Law Journal 69–91

Topic

‘Evidence and Procedure: Pre-charge Detention’

Author/Academic

Case comment

Viewpoint

Notes the Court of Appeal decision in R (on the application of G) v Chief Constable of West Yorkshire (2008).

Source

(2008) 8 Criminal Law Week 1–3

Topic

‘Evidence and Procedure: Stop and Search’

Author/Academic

Case comment

Viewpoint

Reports of the Court of Appeal decision in R v Bristol (Christopher) (2007).

Source

(2008) 3 Criminal Law Week 1–2

Topic

‘May Day, May Day: Policing Protest’

Author/Academic

ATH Smith

Viewpoint

Discusses the Court of Appeal decision in Austin v Commissioner of Police of the Metropolis (2007).

Source

(2008) 67 Cambridge Law Journal 10–12

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