THE EFFICACY OF THE BRITISH PREVENTION OF TERRORISM ACT (PTA) IS EVALUATED IN RELATION TO PRETRIAL DETENTION AND CIVIL LIBERTIES OF SUSPECTED TERRORISTS.
THE PTA WAS ENACTED IN 1974 AS A TEMPORARY MEASURE MEASURE IN RESPONSE TO BOMBINGS IN BIRMINGHAM (ENGLAND) THOUGHT TO BE THE WORK OF THE PROVISIONAL IRISH REPUBLICAN ARMY. IT HAS THREE RELATED PARTS: (1) TERRORISM IS DEFINED AND AUTHORITY IS DELEGATED TO PROSCRIBE TERRORIST ORGANIZATIONS; (2) POWER IS CONFERRED TO EXCLUDE SUSPECTS FROM CERTAIN PARTS OF THE UNITED KINGDOM; AND (3) POLICE POWERS OF ARREST, SEARCH, AND DETENTION ARE EXTENDED. CENTRAL TO THE PTA APPROACH IS THE CONCEPT OF EXCLUSION. AN EXCLUSION ORDER CAN BE ISSUED IF IT HAS BEEN DETERMINED THAT A PERSON IS INVOLVED IN TERRORISM. NO SAFEGUARDS ARE PROVIDED FOR POSSIBLE ERROR IN SUCH A DETERMINATION. ENFORCEMENT OF THE PTA HAS PRESENTED UNIQUE DIFFICULTIES; THE INHERENT COVERT NATURE OF THE PRETRIAL PROCESS INHIBITS BOTH JUDICIAL AND ACADEMIC SCRUTINY, AND VICTIMS ARE RELUCTANT TO BE IDENTIFIED AND STIGMATIZED, EVEN THOUGH THEY MAY BE INNOCENT. THE NATIONAL COUNCIL FOR CIVIL LIBERTIES, WHICH HAS ATTEMPTED TO MONITOR THE ACT AND LOBBY PARLIAMENT FOR ITS REPEAL, HAS PROVIDED USEFUL INSIGHTS INTO THE OPERATION OF THE ACT. UNDER THE FIRST PART OF THE ACT, LEGITIMATE POLITICAL ACTIVITIES OF POLITICAL GROUPS HAVE BEEN CURTAILED IN PART BY SELF-CENSORSHIP RESULTING FROM BROAD PROVISIONS. IN ADDITION, THE POLICE HAVE BEEN ABLE TO ARREST AND DETAIN PEOPLE WITH ONLY PERIPHERAL INTEREST IN IRISH AFFAIRS, HOLDING THE EXCLUSION PROCESS AS THE ULTIMATE THREAT TO THE SUSPECT. EXTENDED POWERS OF ARREST, SEARCH, AND DETENTION APPEAR TO HAVE BEEN USED AGAINST TWO GENERAL CATEGORIES OF SUSPECTS: THOSE ACTUALLY SUSPECTED OF BEING INVOLVED IN TERRORIST ACTS, AND THOSE WHO ARE NOT SUSPECTED OF BEING TERRORISTS BUT WHO MAY HAVE INFORMATION CONCERNING TERRORISTS OR TERRORIST ACTIVITIES. POLICE ATTITUDES SEEM TO HAVE HARDENED CONSIDERABLY SINCE THE INTRODUCTION OF THE ACT. THE MOST CONTROVERSIAL ASPECT OF THE ACT IS THE EXCLUSION PROCESS. ENGLAND MAY CONCEIVABLY BE CORRECT IN THE USE OF EXTRAORDINARY PRETRIAL DETENTION MEASURES AGAINST SUSPECTED TERRORISTS AND OTHERS, BUT THESE MEASURES REPRESENT AN UNJUSTIFIED DEPARTURE FROM COMMON LAW PRINCIPLES UNTIL THE PRETRIAL DETENTION PROCESS UNDER THE PTA IS OPEN TO JUDICIAL AND OTHER IMPARTIAL SCRUTINY. CASE LAW IS CITED AND FOOTNOTES ARE PROVIDED. (DEP)