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ABSTRACT
Law enforcement agencies must strike a fine balance between sharing terrorism intelligence and ensuring it is securely protected. This article explores the policy and legislative framework adopted by the UK in dealing with terrorism intelligence. In September 2019, access was granted to a number of UK government agencies to observe how they collaborate with each other to identify and manage prisoners who presented with terrorism related risks. There were several ways in which UK agencies were observed to overcome potential information barriers that could be adopted by NSW agencies involved in the Terrorism High Risk Offenders scheme. This research has broader application for law enforcement and intelligence bodies in other countries involved in counter terrorism strategies.
Disclosure statement
No potential conflict of interest was reported by the author(s).
Legislation
Australia
Terrorism (High Risk Offenders) Act (2017) (NSW)
United Kingdom
Criminal Justice Act 2003 (UK)
Notes
1 THRO Act, s. 20, 2017 provides that the Supreme Court may make an extended supervision order if it is satisfied to a high degree of probability that an eligible offender poses an unacceptable risk of committing a serious terrorism offence if not kept under supervision under the order. A continuing detention order may be made under section 30 if the Court is satisfied to the requisite standard that the eligible offender poses an unacceptable risk of a serious terrorism offence if not kept under detention under the order.
2 Counter-Terrorism and Security Act (UK), s. 26, 2015 confers a general duty on specified authorities to ‘have due regard to the need to prevent people from being drawn into terrorism’. This is known as the ‘Prevent duty’. A specified authority is a person or body listed in sch 6 and includes local authorities as well a range of private and voluntary agencies providing services in relation to children.
3 The social exchange theory was first developed by Homans in his two publications: Homans, G (1951) 'Classics in organization and management series. The human group', Transaction Publishers; Homans, G (1961) 'Social behavior: Its elementary forms', Harcourt, Brace.