Post-Charge Questioning in UK Terrorism Cases: Straining the Adversarial Process

International Journal of Human Rights, (2016) 20:5, 649-665

Posted: 28 Apr 2016

See all articles by Clive Walker

Clive Walker

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

Date Written: April 27, 2016

Abstract

The Counter-Terrorism Act 2008, sections 22–26, implement post-charge questioning in relation to persons in detention because of terrorism offence charges. Relevant principles and practicalities are examined, plus the exceptional circumstances when such questioning is to be allowed. Implementation of the scheme, which was delayed for several years, has required detailed work by way of published guidance. Based on adversarialism and fairness, there are found to be substantial reasons of principle and systemic consistency for delimiting these exceptions and for imposing judicial supervision. The scheme in force is a substantial improvement on early drafts, but a stronger version could have been produced.

Keywords: terrorism, police questioning, adversarial criminal justice

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

Suggested Citation

Walker, Clive, Post-Charge Questioning in UK Terrorism Cases: Straining the Adversarial Process (April 27, 2016). International Journal of Human Rights, (2016) 20:5, 649-665. Available at SSRN: https://ssrn.com/abstract=2771277

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/

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