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Legal Aspects Of Counter-Terrorism & Intelligence In The Prevention Of Terrorism

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Chapter Summary

The intelligence cycle provides a key to anti-terrorism laws. There is first the strategy of criminalisation, Consequently, the Acts set out special offences and, for Northern Ireland at least, special courts and criminal processes. In between criminalisation and control are some powers which could legitimately used in either strategy. Control orders under the Prevention of Terrorism Act 2005 replace detention without trial but have yet to be fully tested. The confinement to international terrorism allowed the legislation to be based within immigration powers. There are no fundamental objections to the melding of intelligence into the evidence- based legal process it is not anathema to the legal system in the same way that one might suggest that evidence obtained through torture produces intrinsically tainted goods.

Keywords: anti-terrorism laws; criminalisation; international terrorism; Prevention of Terrorism Act 2005



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