Proposed anti-terror laws could be challenged in the courts, says Lord Carlile
Lord Carlile says control orders should be brought back in as an"effective and proportionate response".
Tuesday 4 February 2020 10:29, UK
Proposed emergency laws to stop convicted terrorists being released early might be illegal, according to the UK's former reviewer of terror legislation. 聽
Lord Carlile, who held the role from 2001 to 2011, has cast doubt on whether changes to the release conditions of those already sentenced could be applied retrospectively.
The government pledged action after Streatham attacker Sudesh Amman, 20, stabbed two people a week after being released half way through his sentence for spreading extremist material.
Usman Khan, who killed two people in the London Bridge attack last year, was also released early.
Under the plans, terror prisoners - including ones currently in jail - would not be allowed out until they have served two thirds of their sentence, and until the Parole Board has agreed.
Justice Secretary Robert Buckland said current maximum penalties for offenders would also be reviewed.
However, speaking in the House of Lords, Lord Carlile suggested the plans might have gone too far and warned of a risk of legal challenge to their retrospective nature.
Lord Carlile instead urged the reintroduction of control orders.
He said they would be an "effective and proportionate response" to tackle the problem of offenders being automatically released after half their sentence.
Control orders were introduced under 2005 anti-terrorism legislation.
They put a suspect under close supervision and were described by some as similar to house arrest, with restrictions on who the suspect met and where they went.
They were replaced by measures known as TPIMS (Terrorism Prevention and Investigation Measures) in 2011, which the government said were less intrusive and addressed concerns about civil liberties.
Mr Buckland yesterday confirmed the Streatham attacker had been automatically released half way through his sentence of three years and four months, and said he had not been seen by the Parole Board.
He told the House of Commons that the Streatham attack made the case for "immediate action".