National Security Law, Procedure, and Practice

Edited by Robert Ward,CBE QC(Hon) , Judge Rupert Jones, and Assistant Editor Caroline Stone

Provides detailed coverage of UK national security in one place for the first time
Explains the substantive and procedural law and also the practical issues which may arise in national security litigation
Draws on the professional experience of a team of expert contributors, ensuring a comprehensive overview of the key questions at hand

National Security Law, Procedure, and Practice

Edited by Robert Ward,CBE QC(Hon) , Judge Rupert Jones, and Assistant Editor Caroline Stone

Description

This detailed, practitioner text, explains national security law in all its aspects. It collates and explains the core elements of the law, both substantive and procedural, and the practical issues which may arise in national security litigation. The book draws on the professional experience of a team of expert contributors. The first part explores the meaning of “national security”, examines the respective roles in this area of Parliament, the executive and the courts, and explains the law relating to the security and intelligence agencies, their powers and oversight. The core of the book addresses the various executive measures used to disrupt terrorism, espionage and other hostile state activity, usually on the basis of secret intelligence, and the civil proceedings that may result from executive action taken for the national security purposes. The third part addresses national security and the criminal law. The remaining chapters address national security law in such diverse contexts as inquests, inquiries, employment, vetting, family, freedom of information, and data protection proceedings.

National security law is now of relevance to a wide range of practising lawyers, judges, legislators, policymakers, oversight bodies, and academic experts working in a variety of legal fields well beyond public law. The highly-specialised nature of the topic make this book a vital text not only for those seeking an overview of the 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 will also make this book of interest to a wider audience seeking to understand the legal context of such cases.

National Security Law, Procedure, and Practice

Edited by Robert Ward,CBE QC(Hon) , Judge Rupert Jones, and Assistant Editor Caroline Stone

Preface
1:National Security, Intelligence, and the Law, Robert Ward
2:National Security and the Separation of Powers, Robert Ward
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
7:Executive Measures and Civil Proceedings: Common Evidential and Procedural Issues, Rosemary Davidson, Jonathan Glasson, and Caroline Stone
8:Judicial Review, David Blundell
9:Terrorism Prevention and Investigation Measures, Andrew Deakin and Helen Thompstone
10: Special Immigration Appeals Commission: General, Robin Tam
11:SIAC - Individual measures - DDS Deportation with Assurances, Robin Tam
12:SIAC Individual Measures (2): Deprivation, Exclusion and Naturalisation, Rupert Jones
13:Proscription, Robert Ward and Clare Pophale
14:Civil Proceedings: General, Kate Grange and Caroline Stone
15:Civil Proceedings: The Main Types of Claims, Georgina Wolfe and Charlotte Ventham
16:Asset Freezing, Richard O’Brien and Linda Moss
17:National Security and Education Law, Mark Greaves, Sarah Hannett, and Aidan Wills
18:Official Secrets and Spying: Principal Offences, Robert Ward
19:Terrorism: Principal Offences, Alison Morgan and Victoria Oakes
20:National Security and Criminal Procedure, Rosemary Davidson and Dan Pawson-Pounds
21:Inquests and National Security, Andrew O’Connor
22:Public Inquiries and National Security, Martin Smith
23:Employment and National Security, Keith Bryant and Mark Green
24:National Security Vetting, Mark Green
25:National Security in Family Law Proceedings, Lisa Giovannetti and Richard Wilkin
26:Freedom of Information and National Security, Julian Blake and Eugene McCaffrey
27:Data Protection and National Security, Julian Blake and Eugene McCaffrey

National Security Law, Procedure, and Practice

Edited by Robert Ward,CBE QC(Hon) , Judge Rupert Jones, and Assistant Editor Caroline Stone

Author Information

Edited by Robert Ward, CBE QC(Hon), Commissioner of the Criminal Cases Review Commission, Judge Rupert Jones, Judge of the Upper Tribunal, and Assistant Editor Caroline Stone, Barrister in independent practice

Robert Ward 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.

Rupert Jones is a Judge of the Upper Tribunal assigned to the Administrative Appeals Chamber since 2018 and the Tax & Chancery Chamber since 2020. He was Attorney General and Director of Public Prosecutions of Anguilla between 2014 and 2016, whereby he was a member of the Executive Council (cabinet government) and House of Assembly (legislature). He practised at the English Bar from 2000 to 2014 and was appointed as one of the Attorney General's panel of counsel and specialised in indirect taxation, proceeds of crime and national security cases. He is co-author and co-editor of Millington and Sutherland Williams on the Proceeds of Crime.

The assistant editor is Caroline Stone, barrister in independent practice and tenant at 3PB chambers. She is a member of the Attorney General's panel of junior counsel to the Crown with particular expertise in national security litigation.

Contributors:

Robert Ward QC
Christopher McNall
Laura Sheldon Green
Caroline Stone
Angus McCullough QC
Ben Watson QC
Rosemary Davidson
Jonathan Glasson QC
David Blundell QC
Andrew Deakin
Helen Thompstone
Robin Tam QC
Judge Rupert Jones
Clare Pophale
Kate Grange QC
Georgina Wolfe
Charlotte Ventham
Richard O’Brien
Linda Moss
Mark Greaves
Sarah Hannett QC
Aidan Wills
Alison Morgan QC
Victoria Oakes
Rosemary Davidson
Dan Pawson-Pounds
Andrew O'Connor QC
Martin Smith
Keith Bryant QC
Mark Green
Lisa Giovannetti QC
Judge Richard Wilkin
Julian Blake
Eugene McCaffrey