Contrasting Penal and Non-Penal Responses to Terrorism: Proportionality and Human Rights in the UK

Jackson, John

Abstract

This chapter examines the penal and non-penal executive measures that have been taken to combat two main phases of terrorist activity within the last 50 years, namely Irish or so-called 'troubles-based' terrorism dating back to the 1970s and more recent 'Islamic' or so-called 'Jihadi-based' terrorism . It is argued that although the non-penal measures introduced at the beginning of each of the two phases were disproportionate in their effect, over time a strict proportionality analysis came to be applied to these measures. A number of measures taken within the criminal justice system, by contrast, have not been subjected to the same rigour, with the result that the criminalisation of terrorism has come at a price in terms of individual rights.

Citation

Jackson, J. (2021). Contrasting Penal and Non-Penal Responses to Terrorism: Proportionality and Human Rights in the UK. In E. Billis, N. Knust, & J. Petter Rui (Eds.), Proportionality in Crime Control and Criminal Justice. Bloomsbury Publishing

• Online Publication Date: Apr 22, 2021
• Publication Date: Jun 17, 2021
• Deposit Date: Dec 4, 2022
• Publisher: Bloomsbury Publishing
• Book Title: Proportionality in Crime Control and Criminal Justice
• Chapter Number: 8
• ISBN: 9781509938605
• Public URL: https://nottingham-repository.worktribe.com/output/14589131
• Publisher URL: https://www.bloomsbury.com/uk/proportionality-in-crime-control-and-criminal-justice-9781509938605/