Security and Liberty Restriction by Stealth Kate Moss Security and Liberty Crime Prevention and Security Management Series Editor: Martin Gill Titles include: Mark Button DOING SECURITY Critical Reflections and an Agenda for Change Kate Moss SECURITY AND LIBERTY Restriction by Stealth Forthcoming: Joshua Bamfield SHOPPING AND CRIME Paul Ekblom THE 5IS FRAMEWORK FOR CRIME PREVENTION AND COMMUNITY SAFETY Bob Hoogenboom GOVERNANCE AND POLICING OF SECURITY Exploring the Shifting Contours of Control Crime Prevention and Security Management Series Standing Order ISBN 978-0-230-01355-1 hardback 978-0-230-01356-8 paperback (outside North America only) You can receive future titles in this series as they are published by placing a standing order. Please contact your bookseller or, in case of difficulty, write to us at the address below with your name and address, the title of the series and the ISBN quoted above. Customer Services Department, Macmillan Distribution Ltd, Houndmills, Basingstoke, Hampshire RG21 6XS, England Security and Liberty Restriction by Stealth Kate Moss Wolverhampton University, UK Preface by Martin Gill Foreword by Ken Pease University of Loughborough, UK © Kate Moss 2009 Preface © Martin Gill 2009 Foreword © Ken Pease 2009 Softcover reprint of the hardcover 1st edition 2009 978-0-230-52467-5 All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No portion of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, Saffron House, 6-10 Kirby Street, London EC1N 8TS. Any person who does any unauthorized act in relation to this publication may be liable to criminal prosecution and civil claims for damages. The author has asserted her right to be identified as the author of this work in accordance with the Copyright, Designs and Patents Act 1988. First published 2009 by PALGRAVE MACMILLAN Palgrave Macmillan in the UK is an imprint of Macmillan Publishers Limited, registered in England, company number785998, of Houndmills, Basingstoke, Hampshire RG21 6XS. Palgrave Macmillan in the US is a division of St Martin’s Press LLC, 175 Fifth Avenue, New York, NY 10010. Palgrave Macmillan is the global academic imprint of the above companies and has companies and representatives throughout the world. Palgrave® and Macmillan® are registered trademarks in the United States, the United Kingdom, Europe and other countries. ISBN 978-1-349-35712-3 ISBN 978-0-230-58302-3 (eBook) DOI 10.1057/9780230583023 This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources. Logging, pulping and manufacturing processes are expected to conform to the environmental regulations of the country of origin. A catalogue record for this book is available from the British Library. Library of Congress Cataloging-in-Publication Data Moss, Kate, 1965– Security and liberty : restriction by stealth / Kate Moss ; preface by Ken Pease. p. cm. Includes bibliographical references. 1. Civil rights–Great Britain. 2. National security–Great Britain. 3. Civil rights–United States. 4. National security–United States. I. Title. JC599.G7M67 2009 323.0941–dc22 2008030092 For my greatest achievements – my children, Gemma and Christopher. This page intentionally left blank Contents Acknowledgements viii Preface by Martin Gill ix Foreword by Ken Pease x Chapter 1 The Retreat from Liberty 1 Chapter 2 Constitutional Origins of Erosion 23 Chapter 3 The Culture of Control 49 Chapter 4 Detention Without Trial 72 Chapter 5 Football Banning Orders 96 Chapter 6 Secure Borders 117 Chapter 7 Implications for Crime Reduction and Criminology 140 References 164 Index 178 vii Acknowledgements I would like to thank Professor Ken Pease for having the conversation with me that led to the idea for this book and for his huge encourage- ment throughout, which as always, has been inspirational. Many thanks both to Professor Ken Pease and Professor Herschel Prins for taking the time to proof read every chapter and make incredibly sensible comments on all of my drafts. I am very fortunate to be able to call on such eminent help. Many thanks also go to Professor Martin Gill for his encouragement throughout; from listening to my idea about the book, to reading and commenting on the final draft. Thanks also to Gemma Moss who helped to demystify Garland and to postgraduate students Kamara Heron and David Knight, whose work on detention without trial and football hooliganism, provided valuable material for chapters four and five. Thanks to ‘Billy’ – you know who you are–for your help with chapter six. I am very grateful to Olivia Middleton at Palgrave Macmillan, who has been both encouraging and patient. Thanks also to my husband ‘Brooksie’ who is always supremely supportive. Finally my thanks to the School of Legal Studies, Wolverhampton University who have been instrumental in facilitating this work, and in particular to Brian Mitchell, Martin Cartwright and my best chum Rowland Hughes. The drinks are on me again boys! viii Preface The Crime Prevention and Security Management Series This new Series seeks to develop new insights on security and crime pre- vention. There are a variety of ways of achieving this, by, for example, producing new research or developing new theories or re-evaluating old ones. What Kate Moss does in this book is question the value and appropriateness of using legislation to control crime. More than that, she seeks to bring what has been a neglected subject to the forefront of academic debate. For Kate, the heavy emphasis by New Labour on using legislation to facilitate crime control has passed with relatively little academic evalu- ation, and this book is where she starts to make amends. She discusses the restrictions imposed on people by the criminalising of behaviour that in many cases had long been held to be reasonable; the difficulty created by the different types of legislation that has been passed in pro- viding appropriate protection for citizens; the movement away from policing by consent and the augmentation of powers for the police not matched by sufficient safeguards to protect people’s civil liberties. She illustrates her case with examples that are varied, for example, the strategies of detention without trial, football banning orders and attempts to secure the borders. She discusses how previously ‘normal’ behaviours have been restricted and longstanding civil liberties compromised or eroded. Her essential point is that more laws do not make crime less likely, indeed they often make it more common. As you will read, Kate does not mince her words. She invites readers to recognise the changing political landscape in providing security and pre- venting crime. She does not disguise her disappointment at the stance of criminology and criminologists. For her, crime control has lost direction, legislation has been based on perceived risks rather than real ones. As a consequence what has emerged is a legislative framework that is heavy handed and disproportionate. It is also counterproductive and beyond being unnecessary, and an infringement of basic human rights, it can, she argues actually work in the interests of offenders including terrorists. Not everyone will agree with Kate, and some no doubt will strongly disagree, but few will surely deny that this is an area which merits more attention. In this way, we ignore her at our peril. Martin Gill ix