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Redefining the role of TPIMs in combatting 'Home-grown' terrorism within the widening counter-terror framework.

Fenwick, Helen (2015) 'Redefining the role of TPIMs in combatting 'Home-grown' terrorism within the widening counter-terror framework.', European human rights law review., 2015 (1). pp. 41-56.

Abstract

This article considers the current racheting up of the counter-terror response, triggering a mass of new and proposed counter-terror measures, partly in the Counter-Terrorism Bill 2015, which include strengthening TPIMs, put forward mainly to combat the threat represented by British citizens who have fought for ISIS. It argues that proposals to strengthen TPIMs should not be influenced by the false promise that they can provide a pathway to prosecution, and considers whether, contrary to current proposals, the impact of certain of the new measures could render TPIMs otiose. It further argues that if strengthened measures on the control orders model are needed—on the argument that TPIMs in their current form cannot answer effectively to the current threat—consideration should be given to introducing enhanced TPIMs, already available under the ETPIMs Bill, which are accompanied by safeguards not available in relation to TPIMs. So doing, it will be argued, would tend to focus minds on the temporary and "emergency" status of such measures rather than normalising them.

Item Type:Article
Keywords:Crime prevention, Enhanced terrorism prevention and investigation measures, Prosecutions, Terrorism prevention and investigation measures, Terrorist offences.
Full text:(AM) Accepted Manuscript
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Status:Peer-reviewed
Publisher Web site:http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?productid=6823&recordid=388
Publisher statement:This is a pre-copyedited, author-produced version of an article accepted for publication in European human rights law review following peer review. The definitive published version Fenwick, Helen (2015). Redefining the Role of TPIMs in combatting "Home-Grown" Terrorism within the Widening Counter-Terror Framework. European Human Rights Law Review 2015(1): 41-56 is available online on Westlaw UK or from Thomson Reuters DocDel service.
Date accepted:08 December 2014
Date deposited:10 January 2016
Date of first online publication:05 February 2015
Date first made open access:01 April 2016

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