National Security Law, Procedure and Practice

A comprehensive, detailed and updated account of UK national security law in all its aspects, National Security Law, Procedure and Practice is the only book to collate and explain all the elements of law, both substantive and procedural, and the practical issues which may arise in national security litigation. The specialised nature of the subject makes this book a vital text, not only for those seeking an overview of national security law, but also for experienced practitioners instructed to act in proceedings in which national security issues may arise. The intense media and public scrutiny which accompanies many national security cases makes this book of interest to a wider audience seeking to understand the legal context of such cases. This new edition draws on the professional experience of a team of expert contributors and covers all recent legislation, case law and guidance. It provides a detailed explanation of the National Security Act 2023, which repeals and replaces the existing law relating to state threats. The new Act introduces significant new offences and executive powers, including the power to impose state threat prevention and investigation measures ('STPIMs'), and creates a new scheme for the registration of foreign political influence activities. The second edition also includes analysis of the landmark Supreme Court decision in Shamima Begum, which re-evaluates the respective roles of the government and the courts in national security matters and has ramifications throughout the work; a comprehensive explanation of the National Security and Investment Act 2021; a fully revised chapter on sanctions law; and an updated explanation of the continued impact of EU law on UK national security law. This second edition of National Security Law, Procedure and Practice will be an invaluable resource for judges, policymakers, legislators, oversight bodies, academic experts and students in a variety of legal fields.

1 - National Security, Intelligence, and the Law
2 - National Security and the Separation of Powers
3 - The Security and Intelligence Agencies
4 - Surveillance Powers
5 - Oversight and Accountability
6 - Closed Proceedings
7 - Executive Measures and Civil Proceedings: Common Evidential and Procedural Issues
8 - Judicial Review
9 - Special Immigration Appeals Commission: General
10 - SIAC - Individual Measures (1) Deportation with Assurances
11 - SIAC Individual Measures (2): Deprivation, Exclusion and Naturalisation
12 - Proscription
13 - Terrorism and State Threats Prevention and Investigation Measures
14 - Sanctions including Asset Freezes
15 - Intervention in Investments on National Security Grounds
16 - Civil Proceedings and National Security: Procedure, Disclosure and Jurisdictional Bars
17 - Civil Claims: Causes of Action, Applicable Law and Damages
18 - Terrorism: Principal Offences
19 - State Threat Activity: Principal Offences
20 - Official SecretsUnauthorised Disclosure: Official Secrets Act 1989
21 - National Security and Criminal Procedure
22 - Inquests and National Security
23 - Public Inquiries and National Security
24 - Employment and National Security
25 - National Security Vetting
26 - National Security in Family Law Proceedings
27 - National Security and Education Law
28 - Freedom of Information and National Security
29 - Data Protection and National Security

Robert Ward CBE KC (Hon) is a barrister who has had an extensive career as a government lawyer specialising in national security matters. Robert was formerly a lecturer in law at the University of Cambridge. He is currently a Commissioner of the Criminal Cases Review Commission. Robert is co-author of Rook and Ward on Sexual Offences Law and Practice. David Blundell KC is an experienced practitioner in the national security field and in public law more generally. He has been involved in many of the most significant national security cases in the last decade, in particular Shamima Begum's appeal against deprivation of her British nationality, from the preliminary issues appeal in the Supreme Court to the substantive appeal in SIAC. David co-edits the leading public law journal Judicial Review and is Consultant Editor of the Halsbury's Laws volume on London Law. He has published extensively on public law topics in Judicial Review and elsewhere and contributed chapters to a range of works including on human rights.