ABSTRACT
This chapter analyzes detention without charge; the now abolished control orders, and their replacement Terrorism Prevention and Investigation Measures (TPIMs). Additionally, suspects can be arrested and prosecuted in the United Kingdom for committing certain terrorist offences outside the United Kingdom. Continued detention is only permissible if the review officer is satisfied that it is necessary in certain specified conditions. The 2008 Counter-Terrorism Act introduced the concept of post-charge questioning, and extended the application of drawing adverse inferences from silence, to this stage of questioning. Both British domestic law and European law require that an arrested man is to be told what is the act for which he has been arrested. The detention was periodically reviewed, but no procedures were in place for disclosure of evidence, nor for an oral hearing. The Grand Chamber held that the applicant was within the authority and control of the United Kingdom throughout his detention, and therefore within the jurisdiction of the United Kingdom.
