How the crackdown on terrorists can avoid the Human Rights Act trap

Some human rights lawyers have warned that emergency legislation to prevent automatic early release of convicted terrorists – confirmed by Boris Johnson at Prime Minister’s Questions today – may be unlawful and will be challenged in the courts. But the warning should not deter Parliament from enacting this legislation. It is for Parliament, not the courts, to decide how best to protect the public and how to treat convicted terrorists fairly.

In the wake of Sunday’s terrorist attack in Streatham, attention has rightly turned to the scandal of automatic early release of highly dangerous terrorists. Sudesh Amman, the Streatham attacker, had been released from custody in late January, having served half his sentence of three years and four months. While known to be highly dangerous, the Criminal Justice Act 2003 required his automatic early release; neither the parole board nor the government were able to prevent it.

The proposed legislation would ensure that this is a thing of the past and that convicted terrorists are not released automatically on expiry of half their sentence.