Wednesday, August 8, 2012
Colin R.G. Murray (Newcastle Law School) has posted 'To Punish, Deter and Incapacitate': Incarceration and Radicalisation in UK Prisons after 9/11 (A. Silke, PRISONS, TERRORISM AND EXTREMISM (Routledge: 2013)) on SSRN. Here is the abstract:
"Punish, Deter and Incapacitate" is a quote drawn from Lord Bingham's view of the major factors driving sentencing (notably not rehabilitation) in counter-terrorism cases ( 1 Cr App Rep (S) 477, 480). This paper considers the arguments of security analysts (e.g. Clarke and Soria, 2010) that any "incapacitation" resultant from the UK's criminalisation of terrorist acts is negated as convicted terrorists are able to engage in the radicalisation of their fellow inmates. It considers the development of prison policy towards individuals convicted of offences linked to political violence throughout the twentieth century and how this system has adapted, under the Prevent Strategy, to the risks posed by terrorist inmates in the last decade. It also considers the approach of the courts to challenges to detention conditions by terrorist prisoners in the cases of Bary ( EWHC 587 (Admin)) and King, Bourgass and Hussain ( EWCA Civ 376). This analysis challenges simplistic assumptions that terrorist "kingpins" are free to radicalise other inmates and that the prison authorities are powerless to prevent such activity as a result of human rights concerns.