Investigating Terrorism

INVESTIGATING TERRORISM ‘How can we be more effective in bringing terrorists to justice in ways that uphold our legal traditions? This book provides crucial clues drawn from highly experienced prosecution and defence lawyers, detectives, security experts and forensic psychologists. I highly recommend it for all who want to understand and respond to the serious threat from jihadist terrorism over the years to come.’ Professor Sir David Omand, former UK Security and Intelligence Coordinator, Permanent Secretary of the Home Office and Director GCHQ ‘Edited and written by experts in their fields and with a plethora of experience, the authors know what they are talking about. This book is a must for those who need to know, those who are interested to know, and those who think they know it all already.’ Susan Young, Professor of Forensic Clinical Psychology, Broadmoor Hospital, West London Mental Health Trust Investigating Terrorism takes a look behind the closed doors of terrorist cases, and at the entire judicial process of these cases from heated debates in both Houses of Parliament, through arrest, prosecution and imprisonment. In doing so, it confronts many of the crucial political, enforcement, legal and psychological issues currently influencing major decision-makers in this arena. Specialist contributors discuss recently released research into the effectiveness of front-line counter-terrorism officers in their dealings with terrorist suspects, including the findings from a study commissioned by New Scotland Yard into the effectiveness of police interviews with terrorist suspects. Also included are strategic reviews of many of the major legislative changes and subsequent high-profile legal challenges that have repeatedly undermined government policy. Contributors provide a clear psychological understanding of aspects of terrorist behaviour, including insights into what drives individuals to become suicide bombers. Contributions come from leading barristers, senior police officers and psychologists. Contributors Lord Carlile, the former HMG’s Independent Reviewer of Terrorist Legislation, and Peter Clarke, the recently retired head of the Anti-Terrorist Branch for the UK, combine academic credentials and understanding with substantial policy or practitioner experience. This combination of perspectives ensures a holistic and richly informed view of the subject and issues.

About the Editor ix About the Contributors x Introduction 1 Part I Political, Legal and Policing Context 9 1 The Impact and Consequences of Terrorist Legislation in the United Kingdom Since 2001: A Review 11 Lord Carlile of Berriew, QC, and Carys Owen 2 Investigating Terrorism in the First Decade of the Twenty-First Century: A Different Sort of Crime 31 Peter Clarke Part II The Criminal Justice Process 43 3 Challenge, Compromise and Collaboration: Part of the Skill Set Necessary for Interviewing a Failed Suicide Bomber 45 John Pearse 4 Urgent Interviews and the Concept of Oppression in Terrorist Cases 66 Max Hill, QC 5 Defence Counsel in Terrorism Trials 80 Peter Carter, QC 6 An Garda Síochána Model of Investigative Interviewing of Witnesses and Suspects 100 Geraldine Noone 7 Risk Assessment of Terrorist Offenders: A Challenge Too Far? 123 Gisli H. Gudjonsson, AdrianWest and Amy McKee 8 Hostage Negotiation and Communication Skills in a Terrorist Environment 144 Simon Wells Part III Individual and Group Perspectives 167 9 Understanding Suicide Terrorism: Insights from Psychology, Lessons from History 169 Andrew Silke 10 Taking Anders Breivik Seriously as a Political Terrorist 180 Robert Lambert 11 Social Psychology and the Investigation of Terrorism 202 Karl Roberts 12 Community Surveillance and Terrorism 214 Clive Walker and Simon McKay 13 Thinking about Peace While Engaged in Counter-Terrorism: The Primacy of Intelligence 239 John G. D. Grieve Index 259