¹ Blake, M and Ashworth, A ‘The presumption of innocence in English criminal law’ [1996] CLR 306Google Scholar; Ashworth, A ‘Four threats to the presumption of innocence’ (2006) 10(4) International Journal of Evidence and Proof 241CrossRefGoogle Scholar; Salako, S ‘Strict criminal liability: a violation of the Convention?’ (2006) 70 JCL 531Google Scholar; Zedner, L ‘Security, the state and the citizen: The changing architecture of crime control’ (2010) 13 New CLR 379Google Scholar; Ashworth, A ‘The unfairness of risk-based possession offences’ (2011) 5 Criminal Law and Philosophy 237CrossRefGoogle Scholar; Edwards, J ‘Coming clean about the criminal law’ (2011) 5 Criminal Law and Philosophy 315CrossRefGoogle Scholar.

² Ashworth, A ‘Is the criminal law a lost cause?’ [2000] LQR 225Google Scholar; Ashworth, A and Zedner, L ‘Defending the criminal law: reflections on the changing character of crime, procedure, and sanctions’ (2008) 2 Criminal Law and Philosophy 21CrossRefGoogle Scholar; Husak, D Overcriminalization: The Limits of the Criminal Law (Oxford: Oxford University Press, 2008)Google Scholar; Duff, R et al. (eds) The Boundaries of the Criminal Law (hereafter Boundaries) (Oxford: Oxford University Press, 2010)CrossRefGoogle Scholar; Duff, R et al. (eds) Criminalization: The Political Morality of the Criminal Law (Oxford: Oxford University Press, 2014)CrossRefGoogle Scholar.

³ Ashworth, A ‘Social control and “anti-social behavior”: the subversion of human rights?’ [2004] LQR 263Google Scholar; Macdonald, S ‘A suicidal woman, roaming pigs and a noisy trampolinist: refining the ASBO's definition of “anti-social behavior”’ (2006) 69 MLR 183CrossRefGoogle Scholar; Pearson, G ‘Hybrid law and human rights: banning and behaviour orders in the appeal courts’ (2006) 27 Liverpool LR 125CrossRefGoogle Scholar; Simester, A and von Hirsch, A (eds) Incivilities: Regulating Offensive Behaviour (London: Hart, 2006)Google Scholar; Bakalis, C ‘Asbos, “Preventative orders” and the European Court of Human Rights’ [2007] European Human Rights LR 427Google Scholar; Hewitt, D ‘Bovvered? A legal perspective on the ASBO’ (2007) 14 Journal of Forensic and Legal Medicine 355CrossRefGoogle ScholarPubMed; Squires, P ‘The politics of anti-social behaviour’ (2008) 3 British Politics 300CrossRefGoogle Scholar; Hoffman, S and Macdonald, S ‘Should ASBOs be civilized?’ [2010] Crim LR 457Google Scholar (and subsequent debate with P Ramsay).

⁴ Donohue, L ‘Temporary permanence: the constitutional entrenchment of emergency legislation’ (1999) 1 Stanford JLS 36Google Scholar; Roberts, P ‘The presumption of innocence brought home? Kebilene deconstructed’ [2002] LQR 41Google Scholar; Waldron, J ‘Security and liberty: the image of balance’ (2003) 11 Journal of Political Philosophy 191CrossRefGoogle Scholar; Braithwaite, J ‘Pre-empting terrorism’ (2005) 17 Current Issues in Criminal Justice 96Google Scholar; Tadros, V ‘Justice and terrorism’ (2007) 10 New CLR 658Google Scholar; Hodgson, J and Tadros, V ‘How to make a terrorist out of nothing’ (2009) 72 MLR 984CrossRefGoogle Scholar; Virgo, J ‘Terrorism: possession of articles’ [2008] Cambridge LJ 236Google Scholar; McCulloch, J and Pickering, S ‘Pre-crime and counter-terrorism: Imagining future crime in the “war on terror”’ (2009) 49 British Journal of Criminology 628CrossRefGoogle Scholar; Macdonald, S ‘Understanding anti-terrorism policy: values, rationales and principles’ (2012) 34 Sydney LR 317Google Scholar; Ramraj, V et al. (eds) Global Anti-terrorism Law and Policy (Cambridge: CUP, 2012)Google Scholar; Cape, E ‘The counter-terrorism provisions of the Protection of Freedoms Act 2012: preventing misuse or a case of smoke and mirrors?’ [2013] CLR 385Google Scholar; Greene, A ‘The quest for a satisfactory definition of terrorism: R v Gul’ (2014) 77 MLR 780CrossRefGoogle Scholar; Zedner, L ‘Terrorizing criminal law’ (2014) 8 Criminal Law and Philosophy 99CrossRefGoogle Scholar.

⁵ Robinson, P ‘Punishing dangerousness: cloaking preventive detention as criminal justice’ (2001) 114 Harvard LR 1429CrossRefGoogle Scholar; Slobogin, C ‘A jurisprudence of dangerousness’ (2003) 98 Northwestern University LR 1Google Scholar; Janus, E ‘The preventive state, terrorists and sexual predators: countering the threat of a new outsider jurisprudence’ (2004) 40 Crim L Bulletin 576Google Scholar; Zedner, L ‘Pre-crime and post-criminology?’ (2007) 11 Theoretical Criminology 261CrossRefGoogle Scholar; Husak, D ‘Lifting the cloak: preventive detention as punishment (2011) 48 San Diego LR 1173Google Scholar; Alexander, L and Ferzan, K ‘Danger: the ethics of pre-emptive action’ (2012) 9 Ohio State Journal of Criminal Law 637Google Scholar; Ashworth, A, Zedner, L and Tomlin, P (eds) Prevention and the Limits of the Criminal Law (hereafter Prevention) (Oxford: Oxford University Press, 2013)CrossRefGoogle Scholar; Ashworth, A and Zedner, L Preventive Justice (Oxford: Oxford University Press, 2014)CrossRefGoogle Scholar; Ferzan, K ‘Preventive justice and the presumption of innocence’ (2014) 8 Criminal Law and Philosophy 505CrossRefGoogle Scholar.

⁶ Ericson, R Crime in an Insecure World (Cambridge: Polity, 2007)Google Scholar; see also Levi, R ‘Making counter-law: on having no apparent purpose in Chicago’ (2009) 49 British Journal of Criminology 131CrossRefGoogle Scholar; Bowling, B and Sheptycki, J Global Policing (London: Sage, 2011)Google Scholar.

⁷ Jakobs, G ‘Bürgerstrafrecht und feindstrafrecht’ (2004) 5 HRR-Strafrecht 88Google Scholar; see also Dubber, M ‘Citizenship and penal law’ 13 New CLR 190Google Scholar; Zedner, above n 1; Macdonald, S ‘Cyberterrorism and enemy criminal law’ in Ohlin, JD, Finkelstein, C and Govern, K (eds) Cyber War: Law and Ethics for Virtual Conflicts (Oxford: Oxford University Press, 2015)Google Scholar.

⁸ Farmer, L Making the Modern Criminal Law (Oxford: Oxford University Press, 2016)CrossRefGoogle Scholar (hereafter Making); Lacey, N In Search of Criminal Responsibility (Oxford: Oxford University Press, 2016)CrossRefGoogle Scholar (hereafter In Search); see also Lacey, N ‘Space, time and function: intersecting principles of responsibility across the terrain of criminal justice’ (2007) 1 Criminal Law and Philosophy 233CrossRefGoogle Scholar; Lacey, N ‘Philosophy, political morality and history: explaining the enduring resonance of the Hart-Fuller debate’ (2008) 83 New York University LR 1059Google Scholar; L Farmer ‘Criminal wrongs in historical perspective’ in Duff et al Boundaries, above n 2; L Farmer ‘Criminal law as an institution’ in Duff et al Criminalization, above n 2.

⁹ von Jhering, R ‘In the heaven for legal concepts: a fantasy’ ([1884] 1985) 58 Temple LQ 799Google Scholar.

¹⁰ Lacey cites ‘ideals of equality, legality and human rights’ as grounds for critiquing contemporary developments; Lacey In Search, above n 8, p 192.

¹¹ This position is particularly associated with Peter Ramsay. See Ramsay, P ‘Pashukanis and public protection’ in Dubber, M (ed) Foundational Texts in Criminal Law (Oxford: Oxford University Press, 2014)Google Scholar. Also Ramsay, P ‘The responsible subject as citizen: criminal law, democracy and the welfare state’ (2006) 69 MLR 29CrossRefGoogle Scholar, Ramsay, P ‘Overcriminalization as vulnerable citizenship’ (2010) 13 New CLR 262Google Scholar; Ramsay, P ‘Preparation offences, security interests, political freedom’ in Duff, R et al. (eds) The Structures of the Criminal Law (Oxford: Oxford University Press, 2011)Google Scholar; Ramsay, P The Insecurity State: Vulnerable Autonomy and the Right to Security in the Criminal Law (Oxford: Oxford University Press, 2012)CrossRefGoogle Scholar; P Ramsay ‘Democratic limits to preventive criminal law’ in Ashworth et al Prevention, above n 5; Ramsay, P ‘The dialogic community at dusk’ (2014) 1 Critical Analysis of Law 316Google Scholar. An analogous challenge to the vocabulary of ‘exception’ and ‘normality’ has been mounted by radical critics of international law; see eg Neocleous, M ‘The problem with normality: taking exception to “permanent emergency”’ (2006) 31 Alternatives 191CrossRefGoogle Scholar.

¹² Braithwaite, J ‘The new regulatory state and the transformation of criminology’ (2000) 40 British Journal of Criminology 222CrossRefGoogle Scholar; Braithwaite, J ‘What's wrong with the sociology of punishment?’ (2002) 7 Theoretical Criminology 5CrossRefGoogle Scholar; Gill, P ‘Policing and regulation: what is the difference?’ (2002) 11 Social and Legal Studies 523CrossRefGoogle Scholar, Crawford, A ‘“Contractual governance” of deviant behaviour’ (2003) 30 Journal of Law and Society 479CrossRefGoogle Scholar; Parker, C et al. (eds) Regulating Law (Oxford: Oxford University Press, 2004)CrossRefGoogle Scholar.

¹³ M Dubber ‘Preventive justice: the quest for principle’ in Ashworth et al Prevention, above n 5, p 65 (emphasis in original); compare ‘Policing in the world system is not under “rule-of-law”, nor is it “rule-by-law” but rather “rule with law”’: Bowling and Sheptycki, above n 6, p 130 (emphasis in original). See also Stuntz, W ‘The pathological politics of criminal law’ (2001) 100 Michigan Law Review 505CrossRefGoogle Scholar; Dubber, M and Valverde, M (eds) The New Police Science: The Police Power in Domestic and International Governance (Stanford: Stanford University Press, 2006)Google Scholar; M Dubber ‘Criminal law between public and private law’ in Duff et al Boundaries, above n 2.

¹⁴ ‘[N]ot only is regulation not just law in that it extends well beyond courts and legal instruments, regulationists are just not concerned with law in that they are not concerned with whether or not law is correct in seeing itself as characterised by unity, coherence or particular modes of reasoning, or explaining itself in these or any other terms’: Black, J ‘Critical reflections on regulation’ (2002) 27 Australian Journal of Legal Philosophy 1Google Scholar (emphasis in original).

¹⁵ ‘for rights to have meaning … there must be groups without rights, so that the difference between rights and non-rights can be appreciated’: Hudson, B Justice in the Risk Society (London: Sage, 2003) pp 181–182Google Scholar.

¹⁶ On this point see Dubber, above n 7.

¹⁷ Ericson, above n 6, p 20.

¹⁸ Ericson, R ‘Rules in policing: five perspectives’ (2007) 11(3) Theoretical Criminology 367 at 368CrossRefGoogle Scholar.

¹⁹ Ericson, above n 6, pp 7, 25.

²⁰ Ericson, above n 6, p 24.

²¹ Fuller, L The Morality of Law (New Haven: Yale University Press, 1964) p 39Google Scholar.

²² Farmer Making, above n 8, pp 167–168.

²³ Simmonds, N Law as a Moral Idea (Oxford: Oxford University Press, 2007) pp 141–142Google Scholar.

²⁴ Waldron, J ‘The concept and the rule of law’ (2008) 43 Georgia Law Review 1 at 60Google Scholar.

²⁵ Compare: ‘If the rule of law is to serve as an effective protection against arbitrary intervention, the right to challenge is particularly important in cases where the stakes for individual liberty are high’: Ashworth and Zedner, above n 5, p 265.

²⁶ ‘If the offender is well educated, ought he then to suffer more, or maybe less, for his sins? Or if he is black, or if he is young, or if the other party is an insurance company, or if his wife has just left him, or if his factory will break down if he has to go to jail, or if his daughter will lose her fiance, or if he was drunk, or if he was sad, or if he was mad? There is no end to it. And maybe there ought to be none’: Christie, N ‘Conflicts as property’ (1977) 17 British Journal of Criminology 1 at 8CrossRefGoogle Scholar.

²⁷ The criteria ‘do not all coherently fit together when they are understood as ideals that collectively form an archetype of perfection’: Kramer, M Objectivity and the Rule of Law (Cambridge: Cambridge University Press, 2007) p 109CrossRefGoogle Scholar.

²⁸ Hart, HLA ‘Positivism and the separation of law and morals’ (1957) 71 Harv LR 593 at 613Google Scholar.

²⁹ Hart, HLA ‘Book review: “The Morality of Law”’ (1965) 78 Harv LR 1281 at 1286Google Scholar. On this formulation see Waldron, J ‘Positivism and legality: Hart's equivocal response to Fuller’ (2008) 83 NYU LR 1135Google Scholar. See also Lacey ‘Philosophy, political morality and history’, above n 8.

³⁰ Hart, HLA The Concept of Law (Oxford: Oxford University Press, [1961] 2012) p 207CrossRefGoogle Scholar.

³¹ Kramer, above n 27, p 109.

³² On ‘normalisation’ see Waddington, P ‘Slippery slopes and civil libertarian pessimism’ (2005) 15 Policing and Society 353CrossRefGoogle Scholar and Haubrich, D ‘Anti-terrorism laws and slippery slopes: a reply to Waddington’ (2006) 16 Policing and Society 405CrossRefGoogle Scholar.

³³ Simmonds, above n 23, p 99.

³⁴ Ibid, p 145.

³⁵ Ibid, p 11.

³⁶ Cf Dyzenhaus: ‘[o]ne assumes its truth to bring the legal order closer to the ideals which underpin it’: D Dyzenhaus ‘The state of emergency in legal theory’ in Ramraj et al, above n 4, p 84.

³⁷ Simmonds, above n 23, p 195.

³⁸ Ibid, p 142.

³⁹ Compare Farmer: ‘The principle of individual autonomy also demands respect for a sphere within which individuals can develop their own life choices’: Farmer Making, above n 8, p 113.

⁴⁰ ‘The commitment to what we might call the modality of law, however imperfectly realized in practice, both shapes and constrains the way that certain ends can be brought about and, arguably, also entails a commitment to a certain form of human agency’: Farmer Making, above n 8, p 24.

⁴¹ Lacey In Search, above n 8, p 198.

⁴² Lacey ‘Philosophy, political morality and history’, above n 8, at 1086 and 1078.

⁴³ Lacey In Search, above n 8, p 164.

⁴⁴ Fuller, above n 21, p 96 and passim.

⁴⁵ Ashworth and Zedner, above n 5, pp 96–102.

⁴⁶ K Roach ‘The criminal law and terrorism’ in Ramraj et al, above n 4, p 137.

⁴⁷ Crown Prosecution Service ‘Successful prosecutions since the end of 2006’ (2017), available at www.cps.gov.uk/counter-terrorism-division-crown-prosecution-service-cps-successful-prosecutions-end-2006, last accessed 20 May 2018.

⁴⁸ Referred to as ‘substantive-inchoate’ offences in Roberts, above n 4.

⁴⁹ Multiply-inchoate offences of this type are discussed in Macdonald ‘Understanding anti-terrorism policy’, above n 4, and Macdonald ‘Cyberterrorism’, above n 7.

⁵⁰ Both the former common law offence of incitement and the ‘encouragement or assistance’ offences created by the Serious Crime Act 2007 (ss 44–46) require that the defendant either intended an offence to be committed as a result of her action or believed that this would be the result.

⁵¹ Established in R v Faraz [2012] EWCA Crim 2820.

⁵² Ashworth and Zedner refer to these offences as ‘preparatory or pre-inchoate’: Ashworth and Zedner, above n 5, pp 98–99. Ramsay's discussion of ‘preinchoate offences’ in ‘Pashukanis’, above n 11, includes both these and the situational offences addressed below. Walker groups together inchoate, preparatory and situational offences as ‘precursor offences’: Walker, C Terrorism and the Law (Oxford: Oxford University Press, 2011)Google Scholar.

⁵³ Ashworth and Zedner, above n 5, p 112.

⁵⁴ Ramsay ‘Pashukanis’, above n 11, at p 202.

⁵⁵ Ibid.

⁵⁶ Ramsay ‘Preparation offences’, above n 11, at p 212.

⁵⁷ Hallevy, G ‘Incapacitating terrorism through legal fight’ (2010) 3 Alabama Civil Rights and Civil Liberties LR 87 at 105Google Scholar.

⁵⁸ Ibid.

⁵⁹ Quoted in H Carter ‘Jihad recruiters jailed after anti-terror trial’ (The Guardian, 9 September 2011).

⁶⁰ R v Farooqi and Others [2013] EWCA Crim 1649. But see the discussion of charging decisions under s 5 in R v Kahar and Others [2016] EWCA Crim 568.

⁶¹ Edwards, J ‘Justice denied: the criminal law and the ouster of the courts’ (2010) 30(4) Oxford Journal of Legal Studies 725CrossRefGoogle Scholar.

⁶² Simester, A ‘Prophylactic crimes’ in Sullivan, G and Dennis, I (eds) Seeking Security: Pre-empting the Commission of Criminal Harms (Oxford: Hart, 2012) p 65Google Scholar.

⁶³ ‘this may be an appropriate point for the criminal law … to demand that possession offences be enacted only if and insofar as they require proof of the probable danger of the article being used to cause serious harm’: Ashworth, A ‘The unfairness of risk-based possession offences’ (2011) 5 Criminal Law and Philosophy 237 at 256CrossRefGoogle Scholar (emphasis in original).

⁶⁴ Firearms Act 1968, s 5.

⁶⁵ Misuse of Drugs Act 1971, s 28(3).

⁶⁶ ‘Carrying the tools of burglary is never itself harmful’: Simester, A and Von Hirsch, A ‘Remote harms and non-constitutive crimes’ (2009) 28 Criminal Justice Ethics 89 at 90CrossRefGoogle Scholar.

⁶⁷ R v Zafar and Others [2008] EWCA Crim 184.

⁶⁸ Compare Ramsay's account of the s 58 offence in terms of ‘vulnerable citizenship’: ‘Where the defendant is in possession of the sort of information that “of its very nature” raises suspicions about terrorism, he must be able to explain it; if he cannot, then he does not reassure others about their safety’: Ramsay ‘Overcriminalization’, above n 11, at 283. But see also Tadros, above n 4, at 676: ‘the terms of the offense are so broad, and so obviously not wrongful in most instances, that it is difficult to see why much of the behavior falling within the scope of the offense needs to be excused’.

⁶⁹ R v G, R v J [2009] UKHL 13.

⁷⁰ Farmer Making, above n 8, p 191.

⁷¹ Prevention of Terrorism (Temporary Powers) Act 1974, s 9(1).

⁷² B Golder and G Williams ‘What is “terrorism”? Problems of legal definition’ [2004] UNSW LJ 22 cites this definition as exemplifying ‘the problems of defining terrorism in a general, deductive manner’ (emphasis in original). See also Rowe, J ‘The Terrorism Act 2000’ [2001] CLR 527Google Scholar; Walker, C ‘Briefing on the Terrorism Act 2000’ (2000) 12(2) Terrorism and Political Violence 1CrossRefGoogle Scholar; Walker, C Blackstone's Guide to the Anti-Terrorism Legislation (Oxford: Oxford University Press, 2009)Google Scholar.

⁷³ This has been described as ‘[a] unique and eccentric feature of the UK definition [of terrorism]’ by the Independent Reviewer of Terrorism Legislation, who recommended that the relevant clause be repealed; Anderson, D The Terrorism Acts in 2013 (London: Independent Reviewer of Terrorism Legislation, 2014) pp 88–90Google Scholar.

⁷⁴ The terrorist motive is thus ‘an aggravation of blameworthiness which justifies a special criminalization regime’; Lacey, above n 8, p 153.

⁷⁵ ‘The fact that a person kills with a political purpose may exacerbate the wrongness of their conduct or it may ameliorate or even justify attacking others, depending on the quality of the purpose and the quality of the act done in service of it’: Hodgson and Tadros, above n 4, at 507–508.

⁷⁶ See E Kurtulus ‘Terrorism and fear: do terrorists really want to scare? Critical studies on terrorism’ online ahead of publication, DOI: 10.1080/17539153.2017.1329080. But compare B Saul Defining ‘Terrorism’ to Protect Human Rights (2006) FRIDE Working Paper 20, p 15: ‘it is inherent in the term “terrorism” that any definition must reflect that some person, or group of people, felt terror or were intended to feel terror. Otherwise, the term becomes disassociated from its linguistic origin and its ordinary or plain textual meaning’ (emphasis in original).

⁷⁷ Walker ‘Briefing’, above n 72, at 9.

⁷⁸ The power of the ‘use or threat’ formulation is emphasised by Gareth Peirce in Fekete, E ‘The Terrorism Act 2000: an interview with Gareth Peirce’ (2001) 43(2) Race and Class 95CrossRefGoogle Scholar. Walker ‘Briefing’, above n 72, notes the phrasing but downplays its significance.

⁷⁹ Statutory definitions of riot, violent disorder and affray hinge on the use or threat of unlawful violence (Public Order Act 1986, ss 1–3).

⁸⁰ Compare Alexander and Ferzan, above n 5, at 10: ‘A retributivist case for punishing inchoate crimes … ultimately must rest on the premise that intending a future culpable act is itself a culpable act’.

⁸¹ ‘the “acts of terrorism” which form the ostensible object of public concern … are acts which are already proscribed’: Lacey In Search, above n 8, pp 152–153.

⁸² V Dodd ‘Soldier jailed for making nailbomb avoids terror charge’ (The Guardian, 28 November 2014).

⁸³ Crown Prosecution Service (2014) ‘Soldier who made nail bomb jailed for two years’ 28 November; online at http://www.cps.gov.uk/news/latest_news/soldier_who_made_nail_bomb_jailed_for_two_years/, last accessed 11 July 2017.

⁸⁴ Ibid.

⁸⁵ R v Tabbakh [2009] EWCA Crim 464.

⁸⁶ Discussed in Macdonald, above n 4.

⁸⁷ Greene, above n 4, at 790.

⁸⁸ Greene, above n 4, at 791.

⁸⁹ ‘as a matter of law an act ought to be identifiable as terrorist and therefore criminal at the time it is committed’: Greene, above n 4, at 783. See also Duff: ‘The definition of any crime should … specify something that could legitimately be classed as a public wrong for which the perpetrator should have to answer in a criminal court’: Duff ‘Perversions and subversions of criminal law’ in Duff et al Boundaries, above n 2, p 97.

⁹⁰ Macdonald, S ‘ASBOs and control orders: two recurring themes, two apparent contradictions’ (2007) 60 Parliamentary Affairs 601CrossRefGoogle Scholar.

⁹¹ R v Zafar and Others [2008] EWCA Crim 184.

⁹² R v Faraz [2012] EWCA Crim 2820.

⁹³ R v Gul [2013] UKSC 64.

⁹⁴ R v G, R v J [2009] UKHL 13.

⁹⁵ As in the 2014 trial of Erol Incedal and Mounir Rarmoul-Bouhadjar on preparatory and possession charges; see discussion in Zedner, L ‘Criminal justice in the service of security’ in Bosworth, M, Hoyle, C and Zedner, L (eds) The Changing Contours of Criminal Justice (Oxford: Oxford University Press, 2016) pp 159–161Google Scholar.

⁹⁶ Kostakopoulou, D ‘How to do things with security post 9/11’ (2008) 28 OJLS 317CrossRefGoogle Scholar.

⁹⁷ Cf Bingham's formulation: ‘all persons and authorities within the state, whether public or private, should be bound by and entitled to the benefit of laws publicly and prospectively promulgated and publicly administered in the courts’: Bingham, T The Rule of Law (London: Allen Lane, 2010) p 8Google Scholar. Universality is also implicit in the quoted definition suggested by Ericson, above n 18.

⁹⁸ Tadros, above n 4, at 684.

⁹⁹ See discussion of the deproscription process in Anderson, D The Terrorism Acts in 2015 (London: Independent Reviewer of Terrorism Legislation, 2016) pp 30–33Google Scholar.

¹⁰⁰ Simmonds, above n 23, p 104.

¹⁰¹ Simester, above n 62, pp 71–74.

¹⁰² Hodgson and Tadros, above n 4, at 985.

¹⁰³ Macdonald, S ‘Constructing a framework for criminal justice research: learning from Packer's mistakes’ (2008) 11 New CLR 257 at 272Google Scholar.

¹⁰⁴ Ibid, at 281.

¹⁰⁵ Lacey: ‘criminal law can and should be understood as part of an integrated process of criminalization incorporating all stages from the articulation of offences through investigation, diversion, prosecution, trial, sentencing, the royal prerogative, and the execution of punishment’: Lacey In Search, above n 8, pp 14–15 (emphasis in original). See also Waddington, above n 32.

¹⁰⁶ Stuntz, above n 13, at 579–580.

¹⁰⁷ See discussion in Ramsay ‘Preparation offences’, above n 11, at 220.

¹⁰⁸ See nn 83–87 above and accompanying text.

¹⁰⁹ R v Farooqi and Others [2013] EWCA Crim 1649.

¹¹⁰ R v Karim [2011] EWCA Crim 2577.

¹¹¹ See Waldron, above n 4, especially at 200–204.

¹¹² Zedner, above n 4 (‘tenets’ at 119).

¹¹³ Duff, above n 89, p 110.

¹¹⁴ Jenkins, R A Life at the Centre (London: Macmillan, 1991) p 393Google Scholar.

¹¹⁵ ‘[D]angerousness and culpability are independent of one another, and each can be present in the absence of the other. We punish people because they are culpable, whereas we restrain people, when we do so, because they are dangerous’: Alexander and Ferzan, above n 5, at 11.

¹¹⁶ See Fenwick and Phillipson's comparison of counter-terrorism post-1974 and post-2000 (‘the counter-terrorist scheme post-2000 … is more extensive than in the worst years of Irish terrorist violence’): H Fenwick and G Phillipson ‘Legislative over-breadth, democratic failure and the judicial response: fundamental rights and the UK's anti-terrorist legal policy’ in Ramraj et al, above n 4, p 459.

¹¹⁷ ‘The distinction between law and police is therefore stark and fundamental … The ideal of the law state was defined against the reality of the police state’: Dubber ‘Preventive justice’, above n 13, p 63.