National Security : Law, Procedure and Practice

This detailed, practitioner text, explains national security law in all its aspects. It collates and explains the core elements of the law, both substantive and procedural, and the practical issues which may arise in national security litigation. The book draws on the professional experience of a team of expert contributors. The first part explores the meaning of “national security”, examines the respective roles in this area of Parliament, the executive and the courts, and explains the law relating to the security and intelligence agencies, their powers and oversight. The core of the book addresses the various executive measures used to disrupt terrorism, espionage and other hostile state activity, usually on the basis of secret intelligence, and the civil proceedings that may result from executive action taken for the national security purposes. The third part addresses national security and the criminal law. The remaining chapters address national security law in such diverse contexts as inquests, inquiries, employment, vetting, family, freedom of information, and data protection proceedings.

National security law is now of relevance to a wide range of practising lawyers, judges, legislators, policymakers, oversight bodies, and academic experts working in a variety of legal fields well beyond public law. The highly-specialised nature of the topic make this book a vital text not only for those seeking an overview of the 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 will also make this book of interest to a wider audience seeking to understand the legal context of such cases.

Robert Ward CBE QC(Hon), Commissioner of the Criminal Cases Review Commission,, Judge Rupert Jones, Judge of the Upper Tribunal, Caroline Stone, Barrister in independent practice

Robert Ward 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.

Rupert Jones is a Judge of the Upper Tribunal assigned to the Administrative Appeals Chamber since 2018 and the Tax & Chancery Chamber since 2020. He was Attorney General and Director of Public Prosecutions of Anguilla between 2014 and 2016, whereby he was a member of the Executive Council (cabinet government) and House of Assembly (legislature). He practised at the English Bar from 2000 to 2014 and was appointed as one of the Attorney General's panel of counsel and specialised in indirect taxation, proceeds of crime and national security cases. He is co-author and co-editor of Millington and Sutherland Williams on the Proceeds of Crime.

The assistant editor is Caroline Stone, barrister in independent practice and tenant at 3PB chambers. She is a member of the Attorney General's panel of junior counsel to the Crown with particular expertise in national security litigation.