Idiosyncrasy on the line: disciplinary surveillance, liberal surveillance, risk society and the UK ban on intercept evidence

Yeomans, Piers H. L. (2010) Idiosyncrasy on the line: disciplinary surveillance, liberal surveillance, risk society and the UK ban on intercept evidence. MSc dissertation, University of Portsmouth.

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    Abstract

    This article reviews recent attempts at legislative and regulatory development in relation to the interception of telecommunications within the United Kingdom (UK). The ban on the use of intercept evidence within United Kingdom criminal procedures is critically evaluated in the light of the use of administrative detention for terror suspects and the United Kingdom's responsibilities under the European Convention on Human Rights. Drawing upon comparisons with Australia and Canada, the research analyses the differences between common law telecommunications interception regimes overseen by the executive or judiciary. The national administration of telecommunications interception is then re-assessed within the constructs of disciplinary surveillance, liberal surveillance and the risk society. Though frequently dismissed as an historical irrelevance, the United Kingdom position on regulation and evidential use of telecommunications intercept is determined as showing significant modernist surveillance tendencies. This is in contrast to Australia and Canada which show significant tendencies towards liberal surveillance and risk management. The author argues that the current regulatory framework for intercept within the UK lends itself to a re-imagining of Foucalt's Panopticon model. It is also suggested that human rights considerations are paradoxically blamed for sustaining the UK ban on intercept evidence, they are more likely to effect a change in the law than crime-fighting considerations.

    Item Type: Dissertation
    Departments/Research Groups: Faculty of Humanities and Social Sciences > Institute of Criminal Justice Studies
    Depositing User: Jane Polwin
    Date Deposited: 20 Jan 2011 12:49
    Last Modified: 28 Jan 2015 11:16
    URI: http://eprints.port.ac.uk/id/eprint/962

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