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
Date Written: April 27, 2016
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: Suggested Citation