Living with National Security Disputes in Court Processes in England and Wales

in Martin, G., Greg Martin, Scott Bray, R., and Kumar, M., Secrecy, Law and Society (Routledge, Abingdon, 2015) pp.23-42

Posted: 8 Jul 2015

See all articles by Clive Walker

Clive Walker

University of Leeds - Centre for Criminal Justice Studies (CCJS)

Date Written: July 4, 2015

Abstract

The ‘closed material procedure’ in Pt II of the United Kingdom’s Justice and Security Act 2013 imports radical changes into civil law proceedings by allowing the admission of evidence in hearings where one side is excluded. This procedure is primarily for the convenience of the Government when it wishes to adduce evidence related to national security. This chapter will explain the reason for the acute problems presented by national security disputes and will consider the potential accommodations that were delivered by the 2013 Act within a framework of justice and respect for rights.

It is found that recourse to sensitive evidence is increasing in forensic settings and that trend has resulted in legal anomalies, challenges, and obscurities. However, the UK Government must recognise that the main cause of this trend is not an increase in the amount of, or aggression within, litigation brought by aggrieved private litigants, nor even is the Human Rights Act 1998 to blame. Rather, the underlying cause is the spread of functions and size of the intelligence agencies and their deployment against individuals rather than state officials. Thus, the prime deficits in accountability, powers, and processes reside not with courts, but with intelligence agencies.

Keywords: Secrect justice, terrorism

JEL Classification: K10, K14, K33, K19, K30, K33, K42, N40

Suggested Citation

Walker, Clive, Living with National Security Disputes in Court Processes in England and Wales (July 4, 2015). in Martin, G., Greg Martin, Scott Bray, R., and Kumar, M., Secrecy, Law and Society (Routledge, Abingdon, 2015) pp.23-42. Available at SSRN: https://ssrn.com/abstract=2626746

Clive Walker (Contact Author)

University of Leeds - Centre for Criminal Justice Studies (CCJS) ( email )

Leeds LS2 9JT
United Kingdom
44 (0) 113 3435022 (Phone)
44 (0) 113 3435056 (Fax)

HOME PAGE: http://www.law.leeds.ac.uk/people/staff/walker/

Register to save articles to
your library

Register

Paper statistics

Abstract Views
141
PlumX Metrics