The Terrorism Prevention and Investigation Measures Act 2011: One Thing but Not Much the Other?

Abstract:     
The system of control orders under the Prevention of Terrorism Act 2005 was deeply controversial and frequently criticized. However, many critics of control orders remain unimpressed with their replacements, namely, Terrorism Prevention and Investigation Measures (TPIMs). Critics say that TPIMs amount to no more than control orders under a new title and fail to deal with the most contentious issue--that terrorist suspects are dealt with outside the criminal law and thereby at the expense of their fundamental rights. The purpose of this article is to critique the legislative history and contents of the Terrorism Prevention and Investigations Measures Act 2011. We seek to analyze the important arguments for and against the scheme and to compare its features with the former control orders. We also consider the manner in which the legislation and an associated draft Bill were introduced and scrutinized by Parliament. There is also an assessment as to whether TPIMs will achieve their objectives - prevention and investigation. Our general conclusion is indicated by the sub-title of our paper.

Keywords: terrorism, executive orders, preventitive justice, liberty

JEL Classification: K19, K42, N40

Accepted Paper Series