Terrorism Prevention and Investigation Measures: Constitutional Evolution,Not Revolution?

Abstract

This article analyses the Terrorism Prevention and Investigation Measures (TPIM) regime, which replaced the controversial system of control orders, and examines recent jurisprudence. It suggests that changes can be made to individual TPIM notices and to constitutional oversight mechanisms both of the regime and in counter-terrorism law generally. At the individual level, reform to TPIM notices would help further the evolution of counter-terrorism law towards ideals intrinsic to the rule of law. At a more general level, increased constitutional safeguards should be considered, not just as a feature of the TPIM regime, but also as a template for evolutionary change to other counter-terrorism powers. The ultimate aim should be to relinquish the use of TPIMs in favour of prosecution and surveillance strategies.