National Security Law, Procedure and Practice

by Ward, Robert; Blundell, David; Stone, Caroline; Laird, Karl

• ISBN13: 9780198895282
• ISBN10: 0198895283
• Edition: 2nd
• Format: Hardcover
• Copyright: 2024-04-02
• Publisher: Oxford University Press

Summary

A comprehensive, detailed and updated account of UK national security law in all its aspects, National Security Law, Procedure and Practice is the only book to collate and explain all the elements of law, both substantive and procedural, and the practical issues which may arise in national security litigation. The specialised nature of the subject makes this book a vital text, not only for those seeking an overview of national security law, but also for experienced practitioners instructed to act in proceedings in which national security issues may arise. The intense media and public scrutiny which accompanies many national security cases makes this book of interest to a wider audience seeking to understand the legal context of such cases.

This new edition draws on the professional experience of a team of expert contributors and covers all recent legislation, case law and guidance. It provides a detailed explanation of the National Security Act 2023, which repeals and replaces the existing law relating to state threats. The new Act introduces significant new offences and executive powers, including the power to impose state threat prevention and investigation measures ('STPIMs'), and creates a new scheme for the registration of foreign political influence activities. The second edition also includes analysis of the landmark Supreme Court decision in Shamima Begum, which re-evaluates the respective roles of the government and the courts in national security matters and has ramifications throughout the work; a comprehensive explanation of the National Security and Investment Act 2021; a fully revised chapter on sanctions law; and an updated explanation of the continued impact of EU law on UK national security law.

This second edition of National Security Law, Procedure and Practice will be an invaluable resource for judges, policymakers, legislators, oversight bodies, academic experts and students in a variety of legal fields.

Author Biography

Robert Ward, Commissioner, Criminal Cases Review Commission,David Blundell, Barrister, Landmark Chambers,Caroline Stone, Barrister, 3PB Chambers,Karl Laird, Barrister, Lincoln's Inn

Robert Ward CBE KC (Hon) is a barrister who has had an extensive career as a government lawyer specialising in national security matters. Robert was formerly a lecturer in law at the University of Cambridge. He is currently a Commissioner of the Criminal Cases Review Commission. Robert is co-author of Rook and Ward on Sexual Offences Law and Practice.

David Blundell KC is an experienced practitioner in the national security field and in public law more generally. He has been involved in many of the most significant national security cases in the last decade, in particular Shamima Begum's appeal against deprivation of her British nationality, from the preliminary issues appeal in the Supreme Court to the substantive appeal in SIAC. David co-edits the leading public law journal Judicial Review and is Consultant Editor of the Halsbury's Laws volume on London Law. He has published extensively on public law topics in Judicial Review and elsewhere and contributed chapters to a range of works including on human rights.

Table of Contents

I. Overview
1. National Security, Intelligence, and the Law, Robert Ward
2. National Security and the Separation of Powers, Robert Ward and Karl Laird
3. The Security and Intelligence Agencies, Robert Ward
4. Surveillance Powers, Christopher McNall, Laura Sheldon Green, Caroline Stone, and Robert Ward
5. Oversight and Accountability, Christopher McNall and Robert Ward
6. Closed Proceedings, Angus McCullough and Ben Watson
II. Executive Measures and Related Civil Proceedings
7. Executive Measures and Civil Proceedings: Common Evidential and Procedural Issues, Rosemary Davidson, Jonathan Glasson, and Caroline Stone
8. Judicial Review, David Blundell
9. Special Immigration Appeals Commission: General, Robin Tam
10. SIAC - Individual measures - DDS Deportation with Assurances, Robin Tam
11. SIAC Individual Measures (2): Deprivation, Exclusion and Naturalisation, David Blundell and James Stansfeld
12. Proscription, Robert Ward
13. Terrorism Prevention and Investigation Measures, Andrew Deakin and Helen Thompstone
14. Sanctions including Asset Freezes, Richard O'Brien and Toby Fisher
15. Intervention in Investments on National Security Grounds, Rory Phillips and Georgina Wolfe
III. National Security and Civil Proceedings
16. Civil Proceedings and National Security-Procedure, Disclosure and Jurisdictional Bars, Kate Grange and Caroline Stone
17. Civil Claims: Causes of Action, Applicable Law and Damages, Georgina Wolfe and Charlotte Ventham
IV. National Security and Criminal Law
18. Terrorism: Principal Offences, Alison Morgan and Victoria Oakes
19. State Threat Activity-Principal Offences, Robert Ward
20. Unauthorised Disclosure - Official Secrets Act 1989, Robert Ward
21. National Security and Criminal Procedure, Rosemary Davidson and Dan Pawson-Pounds
V. National Security in Inquests and Inquiries
22. Inquests and National Security, Andrew O'Connor
23. Public Inquiries and National Security, Martin Smith
VI. National Security and Employment Law
24. Employment and National Security, Keith Bryant and Mark Green
25. National Security Vetting, Mark Green
VII. National Security and Family Law
26. National Security in Family Law Proceedings, Lisa Giovannetti and Richard Wilkin
VIII. National Security and Education
27. National Security and Education Law, Mark Greaves, Sarah Hannett, and Aidan Wills
IX. National Security, Freedom of Information, and Data
28. Freedom of Information and National Security, Julian Blake and Eugene McCaffrey
29. Data Protection and National Security, Julian Blake and Eugene McCaffrey