Policing Terrorism: Research Studies into Police Counterterrorism Investigations

Based primarily upon information from the UK Special Branch Counterterrorism Unit, Policing Terrorism: Research Studies into Police Counterterrorism Investigations takes you through the mechanics of a counterterrorism investigation. A combination of legal and empirical research, this entry in the Advances in Police Theory and Practice book series examines subjects that include surveillance, intelligence gathering, and informants. It also addresses practical obstacles in counterterrorist investigations.

The first section of the book conducts a comparative study of laws governing terrorist investigations in the UK, US, Canada, and Australia. It compares the legal definition of terrorism in each country and how it has been incorporated into the statutes regarding terrorism-except in the case of the US, which has not established a definition of terrorism. The book locates similarities in the legal jurisdictions of cooperating countries and discusses how legal gaps can create difficulties for international cooperation.

The second section contains empirical studies on practical aspects of terrorist investigations and the activities of terrorist organizations. It evaluates operational officers' discretion in using the powers granted to them and analyzes terrorist organizations' methods in radicalizing and recruiting people to their causes. It also explores the critical role of informants in gathering intelligence, covering a broad range of issues including integrity, risk assessment, ethics of handling informants, police interrogation of suspects, and the use of informants at trial.

With many governments currently at a high threat level, increased international cooperation among counterterrorism agencies is imperative. Policing Terrorism presents several pathways to generating more effective cooperation. It provides you with information on factors that help or hurt cooperation while suggesting what can be done to improve current counterterrorist laws and practices.

THE LAW GOVERNING TERRORISM INVESTIGATIONS

Legal Definition of Terrorism
Introduction
Legal Definitions of Terrorism
Defining and Ascertaining Evidence That Amounts to a Religious Cause
A Religious Cause in Collecting or Possessing Information That May Be Useful to a Terrorist
A Religious Cause in Distributing or Circulating Terrorist Publications
Is a Wide Legal Definition of Terrorism Assisting Agencies Identifying a Disproportionate Risk in Society?
Conclusion

Government Policies and Statutory Preventative Measures
Government Policies Related to Preventing or Pre-Empting Acts of Terrorism: The Risk Is Not Disproportionate, The Risk Is Real
Examples of Statutory Preventative Measures
Summary on Statutory Preventative Measures
Proscribed Organizations/Listed Foreign Terrorist Organizations
Summary on Proscribed/Banned Groups
Quasi-Criminal Preventative Measures: The Example of the UK's Terrorism Prevention and Investigative Measures Act 2011
Legal Development of Tpims
Overview of the Operation of Tpims
NSA, PRISM Project, Journalistic Material, and Schedule 7 Powers: A Case Study of a Terrorism Preventative Stop and Search Measure Used at the National Level in Response to an International Incident
Schedule 7 Terrorism Act 2000 Powers
Judicial Response to Schedule 7 Powers
Detention Periods and Review of Detention
Proportionality and the Interests of National Security or Individual Liberty
Summary on the High Court's Decision in Miranda
Conclusion

Surveillance and International Terrorism Intelligence Exchange: Balancing the Interests of National Security and Individual Liberty
Introduction
Surveillance Powers Used in Terrorism Investigations
Intelligence Exchange between the US and the UK: The Role of Europol
The Snowden Affair, National Security Interests and Protecting Individual Rights
The Importance of the Snowden Documents to UK Authorities
Balancing the Interests of National Security with Individual Rights: Democracies, Neo-Democracies and the Legal Principle of Proportionality
Legal Challenges to US Surveillance Laws
UK Courts and the ECHR
Issues Surrounding Control Orders and Blacklists
Conclusion: The Balance between the Interests of National Security and Individuals' Liberty

Funding Terrorism
Introduction
Provisions Related to Funding Terrorism under the UK's Terrorism Legislation
The Disproportionate and Oppressive Nature of the Terrorism Order Rendering It Ultra Vires
European Court of Justice's (ECJ's) Decision Being Influential in the Supreme Court's Decision in H.M. Treasury v Mohammad Jabar Ahmed and Others
UK's Terror Asset-Freezing Act of 2010 (TAFA)
The US Statutory Provision in Relation to the Funding of Terrorism
The Judicial Response to Lack of Judicial Scrutiny of Asset Freezing SCRs
Conclusion

INVESTIGATING TERRORISM

Lack of Discretion in High Policing
Introduction
Research Methods Used
High Policing
The Dichotomy Between Previous Police Research and This Study
Initial Action Taken in CTU Counterterrorist Investigations: It Is Ownership, Not Discretion
Intelligence Gathering
CTU Operational Officers' Attitudes Toward the Law: Followed to the Letter or Just a Rough Guide?
Terrorism Legislation: Extension of Power or Extension of Discretion?
Conclusion

Radicalization of Terrorist Causes: A Study of the 32CSM/IRA Threat to UK Security
Introduction
Radicalization
Research Method Used
Background to the Research
Radicalization Process in Ireland
Loyalist Paramilitary Violence: Fueling and Legitimizing the Fire of 32CSM/IRA's Cause?
Conclusion: Radicalizing Individuals in Britain Support to the 32CSM/IRA Cause

Recruiting Informants in Counterterrorism Investigations: Is Loss of Integrity a Noble Cause?
Introduction
Noble Cause Corruption
Police Recruitment of Informants
Research Method
Turning Suspects into Informants
Role Conflict and Police Officer Integrity
Conclusion

Handling Informants
Introduction
Law or Policy in Handling Informants
UK's Regulation of Investigatory Powers Act
Policies on the Use of Informants in Other States
Ethical Issues in Handling Informants
Informants: The Necessary Evil
Ethical Handling of Informants
The 1968-1997 Irish Troubles: A Case Study in Unethical Police Handling of Informants
Evidence of Informants
Immunity from Prosecution/Reduction in Sentence
Informant Witness Anonymity in Criminal Trials
Conclusion