SECTION I. THE GOAL OF THIS CHAPTER

520. ANALYSING THE EXISTING LEGISLATION – Throughout the first two Chapters of this Part, the UK legislation has been described in detail. The UK uses both criminal justice and administrative law to try to counter terrorism. Within the criminal justice system, we see terrorism offences sensu stricto as well as a large amount of terrorism offences sensu lato. In addition to this description, criticism sections highlighted the most important criticism on the legal framework. As was the case for the Belgian Part (see no. 310–327), the final Chapter of this Part will serve as a summary of the most important of these issues. This analysis is, however, relatively short as it just seeks to touch upon the main points of the UK legislation and the main criticisms. A thorough and more detailed analysis will be included in the next Part of this book, which compares the Belgian and UK legal frameworks and aims to answer the main research question of this book.

SECTION II. THE RIGHT TO LIBERTY IN THE UK

521. DOMESTIC INTERPRETATION OF ARTICLE 5 ECHR – In their interpretation of Article 5 ECHR, the UK domestic courts largely follow the case law of the ECtHR. However, several commentators argue that a domestic recalibration of Article 5 took place, narrowing its scope.This became clear in the control order case law, as UK courts put more focus on the paradigm element of deprivations of liberty.