Chapter 26 Multiple choice questions

1. The use of special powers, even in an anti-terrorism context, are likely to be incompatible with the ECHR.

True

False

2. Match the legislation with the special powers.

Enacted after '9/11', this legislation contained a range of specific powers; critics pointed out that some of these powers seemed to have little to do with anti-terrorism. The most controversial power was that in Part IV, which enabled the Home Secretary to order the indefinite detention, without trial, of foreigners who could not be deported because of fears about their treatment, but who were suspected of links with terrorism. That provision is now repealed.

This legislation empowers the Home Secretary to impose, subject to judicial approval, a Terrorism Prevention and Investigation Measure (TPIM). The measures may impose significant restraints on an individual but are generally less stringent than the control orders they replace.

This legislation makes it an offence to do acts preliminary to terrorism (including speech acts, such as glorifying terrorism). The Act also extends the period of time for which terrorist suspects can be detained for questioning prior to being charged to 28 days.

The leading anti-terrorism Act contains a range of powers, including increased police powers, and creates a number of terrorism offences. Above all, it contains a definition of terrorism that is the trigger for many of the powers in the Act and in other Acts.

3. Which one of the following statements reflects the law following the House of Lords's decisions in JJ and MB?

TPIMs that involve a deprivation of liberty, on the basis of a core element of confinement and accumulation of factors, are compatible with Convention rights; the restrictions on the trial rights of the person involved are likely to be consistent with Article 6 (the right to a fair trial) because of the availability of 'special counsel' to represent the person's interests.

TPIMs that do not involve a deprivation of liberty are likely to be hard to obtain because the restrictions on the trial rights of the person involved are likely to violate Article 6 (the right to a fair trial).

There are no powers in the TPIMA 2011 to make an order that involves a deprivation of liberty (so Article 5 is not engaged). The restrictions on the trial rights of the person involved may be consistent with Article 6 (the right to a fair trial) if there are sufficient countervailing provisions, such as 'special counsel', to represent the person's interests. Whether special counsel are sufficient, however, will depend on the circumstances of the case. A decision based solely or decisvely on closed evidence may be incompatible with Article 6.

TPIMs involving a deprivation of liberty are unlawful and the restrictions on the trial rights of the person involved are likely to violate Article 6.

4. Which of the following courts and procedures are likely to be compatible with Convention rights? Please select all that apply.

A terrorist trial using evidence obtained secretly from a country that has, in the past, been accused of using torture; the court in the UK has been unable to find evidence that proves, on a balance of probabilities, that torture was used.

Trials of terrorist suspects held in secret, and in respect of which the defendants have no specific knowledge of the evidence against them and no rights of cross-examination.

A foreign terrorist suspect is deported to a country that has been the subject of allegations (e.g. by non-governmental organisations) that its security forces use torture. There has, however, been clear, unambiguous diplomatic assurance between the UK and the country that the suspects, if deported, will not be tortured or otherwise mistreated or imprisoned, as long as they obey that country's laws.

Terrorist suspect are tried in special courts whose members are all military judges.

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