To what extent has the United Kingdom's introduction of the control order regime detracted from its stance as an advocate of due process and the rule of law?

Healey, Adam (2010) To what extent has the United Kingdom's introduction of the control order regime detracted from its stance as an advocate of due process and the rule of law? BSc dissertation, University of Portsmouth.

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    Abstract

    This dissertation researched the introduction, application, and potential flaws of the UK's control orders regime. The investigation was necessary to demonstrate whether or not the use of such a measure for countering terrorism risked distorting the rule of law held within the UK criminal justice system. The controversial issues surrounding control orders are therefore important and worthy of research as the UK's use of such measures could begin to effect whether the state continues to pursue strategies which increasingly exhibit the principle of crime control over those of due process.

    Through the use of an extensive literary review incorporating material from such sources as the Home Office, House of Lords, human rights organisations and independent monitoring groups, this dissertation has critically analysed the control orders regime. This can be claimed as the dissertation has attempted to explore the advantages and disadvantages of control orders, and their prospective alternatives, in great detail to ensure a far reaching and impartial analysis. As a result of this study, the problematic aspects of the control orders regime were recognised; most predominately regarding their potential breaches to human rights law and apprehensions over the state's priority of prosecution for controlees.

    Furthermore, by investigating the possible alternatives to control orders, this study discovered that any UK government may struggle to introduce any counter-terrorist measure which sufficiently satisfies both the liberty and security concerns faced.

    The implications of this dissertation's findings are that the use of restrictive control orders demonstrates a more militarised model for countering terrorism, rather than a criminal justice model. This subsequently means that in the UK's counter-terror strategy allows for a distortion of the rule of law, and deviates from the criminal justice principle of due process.

    Item Type: Dissertation
    Departments/Research Groups: Faculty of Humanities and Social Sciences > Institute of Criminal Justice Studies
    Depositing User: Jane Polwin
    Date Deposited: 20 May 2011 11:28
    Last Modified: 28 Jan 2015 11:31
    URI: http://eprints.port.ac.uk/id/eprint/3012

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