In view of the proposed changes to how terrorist offenders are sentenced and released, I hope this detailed summary is helpful in explaining the current legal position.
I delivered this talk at the Israel Democracy Institute’s Security and Democracy conference in Jerusalem, on 26 November 2019.
On 22 October 2019 the Sentencing Council opened a consultation on proposed amendments to its Terrorism Offences Guideline, used by judges sentencing terrorism offences in England and Wales.
This follows the recent increases to sentences for certain terrorism offences under the Counter-Terrorism and Border Security Act 2019. The consultation closes on 3 December 2019.
The consultation document is here.
Speech as delivered to Royal Service United Institute (RUSI)
On 22 July 2019 the Northern Ireland Office opened a consultation on a new draft Code of Practice for the video recording of interviews of persons detained under section 41 of, or Schedule 7 to, the Terrorism Act 2000 at police stations in Northern Ireland. Section 41 contains the power to arrest suspected terrorists. Schedule 7 contains the power to examine travellers at ports and borders. The consultation closes on 14 October 2019.
The consultation document and new draft Code of Practice is here.
In February 2019 the Home Office opened a consultation on a new draft Code of Practice under Schedule 7 Terrorism Act 2000. This is the power to examine travellers at ports and borders. The consultation closed on 5 April 2019.
The consultation document is here:
The new draft Code which should be read with my response is here:
In my last week as Independent Reviewer, I am trying to conclude any unfinished business. Some aspects of my work take weeks if not months to complete, but it can be difficult to find an opportunity to publish the outcome. With that in mind, those who follow me on Twitter may have noticed messages in March this year concerning the trial of Mr Daniel Creagh. I resolved to look into the circumstances of this case, which I have done with the assistance of his solicitor. At around the same time, I also resolved to enquire into the circumstances in which Ms Lauren Southern was detained whilst attempting to enter the UK, also in March this year. There was a suggestion that Ms Southern’s temporary detention may have been a misuse of police powers under Schedule 7 to the Terrorism Act 2000. I have completed my work in both cases. In Mr Creagh’s case, my short Note is attached here. In Ms Southern’s case, my Note is here.
COUNTER -TERRORISM AND BORDER SECURITY BILL 2018
REPORT AMENDMENTS TABLED BY THE GOVERNMENT IN SEPTEMBER 2018
ADDITIONAL COMMENTS BY MAX HILL Q.C. INDEPENDENT REVIEWER OF TERRORISM LEGISLATION, OCTOBER 2018
I gave evidence to the JCHR on 20th June 2018, here. I also gave evidence to the Bill Committee on 26th June 2018, here. Subsequently, together with my Senior Special Advisor Professor Clive Walker QC (Hon), written submissions were provided to the Bill Committee, here. I maintain my previous commentary on the Bill clauses, and restrict these additional comments to matters prompted by the Report Amendments subsequently tabled by the Government.