Dr Andrea Preziosi

This is the key reasoning on whether a fair balance has been struck. The Home Secretary will I imagine argue that para 140 is not sufficiently reasoned. When will an organisation which has carried out three terrorist acts reach "the level, scale and persistent that would justify the application of the criminal law measures that are the consequence of proscription, and the very significant interference with Convention rights consequent on those measures"? And the HS will probably argue that is a national security decision which is for her to decide, or at least very significant weight be given to her assessment, which is grounded in Parliament''s definition of terrorism under the Terrorism Act 2000. It will be a very interesting appeal! Certainly raises issues of fundamental rights and the extent to which the HS's powers to proscribe are restricted by human rights law.

🙌 Thanks to all who came to our recent event on the Law Commission Homicide Review, hosted by The Legal Practice Hub & Centre for Justice Reform!