ANTI-TERRORIST EMERGENCY LEGISLATION IN THE UK

To counter the threat of terrorism, primarily related to acts of violence committed by the Irish Republican Army (IRA) and other clandestine groups, Acts of Parliament have imposed restrictions on the traditional civil liberties of British subjects and visitors to the British Isles. This legislation has applied intermittently in Northern Ireland since 1922 and with full force since 1973-1974, as bombings and political assassinations by IRA spread outside of Northern Ireland, to England and Wales. British courts have tended to uphold these emergency powers and to defer to the authorities on their implementation. Issues have arisen with respect to the possible conflict between this legislation and Great Britain's obligations under certain treaties and international conventions. Although human rights activists have called for the abrogation of these laws, they remain in force and are likely to remain so until a political settlement is reached on the sectarian struggle in Northern Ireland.

Historical Genesis of Emergency Legislation

The heritage of Anglo-Saxon criminal law is based on "solicitude for the plight of one who is accused of crime" and endorses the principle that "criminal offenses should be defined with certainty and precision, that everyone enjoys the presumption of innocence, and that the burden of proof to establish guilt beyond a reasonable doubt is on the prosecution." However, in times of war and

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and recent movements, to search people and residences, and to inspect and confiscate documents, all without judicial review. Under sec. 17 of EPA, a soldier or policeman can "arrest without warrant, and detain . . . any person who he has reasonable grounds to suspect is committing, has committed or is about to commit an offense," without apprising the defendant of what offense is involved. Under secs. 44 and 45, the period of detention can be extended by RUC for up to seven days. Detainees in Northern Ireland have no right to appear within that period before a magistrate, to offer evidence, to consult with a solicitor, to see their detention record, to have visitors or to remain silent during interrogations. In 1973, jury trials were suspended in cases prosecuted under EPA. Under PTA, secs. 1-8, 14, the government can ban para-military organizations and membership therein and issue exclusion orders preventing anyone suspected of terrorist connections from entering the country. Aolain calls this "punishment without proof of wrongdoing." Terrorism is defined under sec. 14 as "the use of violence for the purpose of putting the public or any section of the public in fear." Sec. 12 of PTA confers a power of warrantless arrest o
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Some common words found in the essay are:
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Approximate Word count = 1696
Approximate Pages = 7 (250 words per page)