Abstract

This paper explores effects of anti-terrorism policy and legislation on Muslim immigrant communities, in general, and British-born Muslims, in particular. R v Malik, in which Court of Appeal quashed Samina Malik's conviction on terrorism charges, provides our point of entry into legal discourse on counter-terrorism. Malik's conviction at Old Bailey and subsequent decision of Court of Appeal to declare her conviction unsafe, will serve to highlight three interrelated aspects of anti-terrorism policy and legislation in UK. These two decisions, firstly, will help to examine how legal and policing measures to combat threat of terrorism interact with ethno-cultural relationships in contemporary Britain. Secondly, they will allow us to view UK's anti-terrorism policy and legislation in relation to what David Garland termed culture of control, which marks move from a criminal policy based on penal welfarism to a governance of crime based on the management of risks. Finally, they will throw light on tension between UK government and judiciary.

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