Counter-Terrorism Law in the United Kingdom

Abstract

This chapter contains the last country-specific overview of counter-terrorism law, focussing in this case on the law in the United Kingdom. Of the four case study countries, the United Kingdom has had the longest history of dealing with terrorism. Unlike many jurisdictions, where no serious attention was paid to combating terrorism until the events of 9/11, Walker reminds us that “the United Kingdom has regularly experienced and legally responded to terrorism during three centuries or more”.1 Until the latter part of the twentieth century, responses were through use of the ordinary criminal law including, for example, the Explosive Substances Act 1883 (which continues to form part of the UK’s legislative package on counter-terrorism).2 Walker speaks of three phases of legislative action by the United Kingdom in responding to terrorism. The first reflects experiences of terrorist conduct in colonial conflicts, including during the British Mandate over Palestine for example.3 The second responded to the campaigns of the Irish Republicans and their Loyalist opponents, reaching back to the military conquest of Ireland by England in 1168.4 The third phase emerged in response to the international community’s attention to transnational/international terrorism.5 In the latter regard, the United Kingdom adopted in 2003 and most recently updated in 2009 what the Home Office describes as a comprehensive strategy to counter the threat to the UK, and to its interests overseas, from international terrorism, known as “CONTEST”.6