Counter-Terrorism Legislation and Practice: A Survey of Selected Countries

Introduction

The events of July 2005 brought into focus the need for this country to properly equip itself against the threat from terrorism. The Government has over the summer been assessing the practical and legislative steps needed to build on the counter terrorism measures already in place. The Government is consulting widely on the measures that are now proposed. This research paper is intended to inform that process, by providing background information on the approaches taken in a selection of other countries.

Different countries, with differing political and legal traditions and systems, recognising the particular threat posed by terrorism, have enacted a variety of measures to counter that threat. Approaches have varied and evolved over time in the face of a changing threat and changing terrorist tactics. This paper is a survey of such measures in a number of democratic countries from Western Europe, North America and Australasia. In compiling the paper our Research Analysts and officials have consulted with independent lawyers and/or national governments. But this paper does not constitute formal legal advice, and should not be taken as such. Rather, it sets out some of the key elements of these countries’ legislation and practice. It is illustrative rather than exhaustive. It does not seek to comment on their legislation or to draw conclusions. It focuses on the main provisions of counter-terrorism related law, not on every statute (for example, weapons offences, or laws against identity fraud or money laundering) that may apply in individual terrorist-related investigations. The paper is the start of a consultative process that can be developed and supplemented in the future. It describes the situation in mid-2005, not the plans for further measures that a number of countries have indicated they may introduce.

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Counter-Terrorism Legislation and Practice