The Erosion of Civil Liberties: Pre-Charge Detention and Counter-Terror Laws

Abstract

The Terrorism Act 2000 was enacted in order to combat the international threat. The subsequent events of 9/11 in 2001 and July 7 in 2005 led to further legislation, resulting in the Anti-terrorism, Crime and Security Act 2001, the Prevention of Terrorism Act 2005 and the Terrorism Act 2006. The legislation created control orders, the right to detain suspects for 28 days and the offence of glorifying terrorist activities. Critics argue that these offences infringe upon our civil liberties, including the right to freedom of speech, the right to a fair trial, and the right to freedom of association under the Human Rights Act 1998 (HRA). The article will examine the challenges posed for the government by the counter-terrorism legislation, namely the pre-charge detention rules under the Terrorism Act 2006, as the civil liberties debate continues.