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Alun Jones QC
- Public Law
- International Criminal Law
Alun Jones QC is a specialist in commercial crime, extradition, mutual legal assistance, crime, judicial review and asset confiscation. He has also appeared in the higher appellate courts in insolvency, planning and defamation cases when they have been connected with matters within his normal areas of practice. He spent the first ten years of his career before juries in London learning and developing advocacy skills, and then gradually specialised. In 2005, he founded and became Head of Great James Street Chambers.
Alun Jones values his professional independence. He is not a member of a political party or a part time judge. (He was a Recorder of the Crown Court from 1990-1997.)
He has been married since 1974 and has four adult children. He lives in London and the Weald of Kent. His private interests are rural conservation, gardening, local history, chess and cricket.
Serious Fraud office cases
Alun Jones has defended in many of the most serious London commercial crime trials, as leading counsel, since the Serious Fraud Office was established in 1987. His fraud experience began as a junior barrister when he prosecuted a number of early mortgage frauds and a series of trials involving the fraudulent use or forgery of bearer bonds in the City of London.
R v Grob and Posgate 1989-1990. This was the first major SFO prosecution, concerning underwriting at Lloyds of London, and AJ’s first fraud case as leading counsel, representing Kenneth Grob. The first trial ended in acquittal; the second trial was stayed for abuse of process.
R v National Westminster Investment Bank and others (the “Blue Arrow” trial) 1990-1991. The case against his defendant was dismissed, no case to answer, at the end of the prosecution case. The allegation was fraudulent underwriting of a major rights issue. Alun Jones subsequently negotiated very substantial compensation for the defendant. More >
R v Kent and Mahon 1992-1993. AJ defended the principal defendant, accused of stock exchange fraud; case dismissed, no case to answer, at the end of the prosecution case.
R v Maxwell 1992-1996. AJ defended Robert Maxwell’s son, Kevin, the lead defendant, accused of grave crimes relating to pension funds and banks. He was acquitted by the jury, and the second proposed trial was dismissed as abuse of process. This was the most notorious and complicated case of fraud ever brought in the UK. AJ appeared in associated civil litigation for Kevin Maxwell. More >
Bishopsgate Investment Management Ltd v Maxwell CA  Ch.1.
R v Headington Investments Ltd, ex parte Maxwell CA  BCC500.
R v Maxwell (interlocutory criminal appeal) CA 9/2/95.
R v Lord Chancellor, ex parte Maxwell  1 WLR 105.
R v Llewellyn and others 2000-2002. AJ defended the Wickes plc Finance Director in an 11-month jury trial, accused of an accountancy fraud on shareholders, bankers and auditors. He was acquitted by the jury. More >
AJ represented Kent Pharmaceuticals Ltd in early interlocutory judicial review proceedings in the 2001-2009 SFO pharmaceuticals investigation. (See under Warrants below.)
He advised over a number of years two prominent international businessmen suspected of involvement in allegedly corrupt payments by British Aerospace in the long running SFO bribery investigation which collapsed in 2009.
He also appeared for Abbas Gokal, convicted of major fraud in relation to BCCI, not at his trial, but in his unsuccessful appeal against conviction in 1999 (11 July 1999).
He represented the Attorney General in interlocutory proceedings in the case of Asil Nadir, as reported in R v Central Criminal Court, ex parte Guney  1 WLR 483.
He appeared in 2006 on appeal against conviction for Carl Cushnie, formerly Chief Executive of Versailles plc;  EWCA Crim 962. More >
AJ is currently appearing (2012) in judicial review proceedings of search warrants in an SFO investigation into companies associated with Vincent Tchenguiz.
Revenue and Customs cases
AJ, working with Swiss lawyers, advised and represented Octav Botnar from 1993 until his death in 1998, in UK proceedings against the Revenue, arising from Inland Revenue warrants and raids in 1992. The advice related to extradition, criminal, tax and mutual assistance law. Octav Botnar was founder and Chairman of Nissan UK and a noted philanthropist. AJ also appeared for a director of the company on appeal against conviction; R v Hunt  Crim L.R. 747.
In 2000, AJ defended Frank Warren, the boxing promoter, accused of VAT fraud, acquitted by the jury at Southwark Crown Court. More >
AJ defended a partner of Ernst and Young, accused in 2000 of conspiring with Ian Leaf of tax fraud involving hundreds of millions of pounds. The case was dismissed by the judge at a hearing before the jury was empanelled. He then represented the partner when the Inland Revenue unsuccessfully judicially reviewed the dismissal; R (Inland Revenue Commissioners) v Kingston Crown Court  EWHC Admin 581. More >
Thereafter, he represented Ian Leaf at his London trial in 2005, after extradition from Switzerland, and in mutual legal assistance procedures in Guernsey, before his conviction and sentence to 12 years’ imprisonment.
AJ regularly advises targets of HMRC search warrants and raids. See under Warrants, below. He is currently representing taxpayers before the First Tier Tax Tribunal; arguing that the tribunal has an abuse of process jurisdiction, as courts have; Foulser v Revenue and Customs Commissioners, First Tier Tax Tribunal, Tax Chamber, 4 October 2011, now under appeal.
Hong Kong cases
AJ has appeared in recent years in four commercial crime appeals in the Hong Kong Court of Appeal, and two of them in the Court of Final Appeal. He had not conducted the trials.
James Ting v HKSAR  4HKLRD 850 More >
Chan and Chan v HKSAR  12HKCFAR 775 More >
Wong and Wong v HKSAR (2008)
Tse and others v HKSAR (2010)
In the James Ting case he successfully appealed to the Hong Kong Court of Final Appeal against the order made by the Court of Appeal for a retrial, after the conviction had been quashed. The Chan case concerned the conduct of trial counsel; and the Tse case the practice of coaching witnesses.
He also represented James Ting in appeal proceedings in Bermuda in an associated insolvency action, and in the same case on appeal to the Privy Council; Borrelli v Ting  UKPC 21.
Other fraud cases
Porter v Magill (1998) 30 HLR 997. AJ cross-examined Dame Shirley Porter and others on behalf of the District Auditor in the High Court 1997.
Alun Jones has appeared and advised in extradition cases for 30 years. He has conducted 21 full appeals in extradition cases in the House of Lords, Privy Council and UK Supreme Court, acting in ten of them for foreign governments, appearing as leading counsel in all but the first four of them, listed below.
House of Lords, Privy Council and Supreme Court
R Governor of Pentonville Prison, ex parte Jennings  AC 624 (USA, relationship of manslaughter to reckless driving, double criminality).
In Re Nielsen  AC 606 (Denmark, double criminality in corporate fraud).
R v Governor of Ashford Remand Centre, ex parte Postlethwaite (the “Heysel stadium” case)  1 AC 924 (Belgium, interpretation of treaty provisions, treaty time limits).
R v Secretary of State, ex parte Rees  AC 937 (Germany, extra-territorial jurisdiction, treaty requirements).
Government of Canada v Aronson  AC 579 (Canada, double criminality in Commonwealth countries).
Somchai Liangsiriprasert v Government of the USA  1 AC 225 (Hong Kong to USA, extraterritorial jurisdiction in conspiracy).
R v Governor of Pentonville Prison, ex parte Sinclair  2 AC 64 (USA, abuse of process, interpretation of treaty).
In Re Evans  1 WLR 1006 (Sweden, definition of extradition crime).
R v Secretary of State, ex parte Schmidt  1 AC 339 (Germany, abuse of process).
R v Secretary of State for the Home Department, ex parte Launder  1 WLR 139 (Hong Kong; effect of reversion to Chinese sovereignty).
R v Governor of Brixton Prison, ex parte Levin  1 WLR 741 (USA, computer misuse).
Rey v Government of Switzerland  1 AC 54 (Bahamas to Switzerland, double criminality, abuse of process).
Charron v USA  1 WLR 1793 (Bahamas to USA, adequacy of committal, treaty provisions).
R v Secretary of State for the Home Department, ex parte Pinochet Ugarte (3 appeals)  1 AC 61;  1 AC 119;  1 AC 147 (Spain, head of state immunity, state immunity, extradition crime, judicial bias). More >
Heath, Miller Matthew v USA  UKPC 33 (St Christopher and Nevis to USA (abuse of process, extradition crime).
Hilali v Governor of Whitemoor Prison  1 AC 805 (Spain, post appeal application for habeas corpus and specialty rule). More >
Gomes and Goodyer v Trinidad and Tobago  1 WLR 1038 (unfair by passage of time).
Foxhill Prison Governor, Bahamas, v Kozeny  UKPC 10; jurisdiction to bring appeal from habeas corpus decision.
The following is a selection of AJ’s High Court habeas corpus and appeal extradition cases:
Inderjit Singh Reyat . AJ collected evidence in Japan, Canada and Hong Kong in support of a Canadian request for a man accused and later convicted of the Air India bombing at Narita Airport, Japan, in 1985. Reyat was extradited and convicted.
Mohammed Rafiq Kahan. AJ represented this Fijian, accused of seeking to depose military regime in Fiji in 1987 by importing weapons. He was discharged at Bow Street Magistrates Court, 1989, on the ground that the offence was political; see, for background, R v Governor of Brixton Prison, ex parte Kahan  QB 716.
R v Secretary of State for the Home Department, ex parte Hill  QB 386. The first South African extradition after re-joining the Commonwealth. Issues; specialty protection, retrospective operation and passage of time.
Chakkaphak v Thailand  EWHC 596. AJ represented the defendant, a leading Thai financier, having collected evidence in Thailand as part of a team. The defendant was discharged by the High Court because the evidence was insufficient.
Bermingham and others v Government of the USA  QB 707. AJ represented the “Natwest Three”, extradited to the USA. Issues; treaty imbalance, appropriate forum, specialty protection. More >
R (Norris) v Secretary of State for the Home Department  EWHC 280; AJ represented Ian Norris, accused of cartel management in USA. Issues; treaty applicability and double criminality. More >
Brown v Governor of Belmarsh Prison  QB 838; habeas corpus application for person accused of genocide in Rwanda. Issue; time limits after remand on provisional arrest warrant. More >
Tajik v Government of USA  EWHC 666 (Admin). AJ represented a former Iranian diplomat, accused by the USA of conspiring unlawfully to export military equipment to Iran. Issues, treaty requirements, appropriate forum, political motivation, entrapment, human rights issues after extradition. The extradition is still being contested.
Ahsan v Government of USA  EWHC 666 (Admin). AJ represented Mr Ahsan who was accused by the USA of conspiring to support terrorism; issue, appropriate forum for trial.
Hilali v Spain  1 WLR 268; Spanish request for extradition of man accused, in Spain, of all the September 2001 killings (see House of Lords cases above for a separate issue in the same case). Issues; jurisdiction, identity, specialty.
R (Government of USA) v Bow Street Magistrates’ Court  1 WLR 1157. Issue; procedure on abuse of process application.
Wood v Bow Street Magistrates’ Court  EWHC 20568 (Admin). AJ secured the discharge of the defendant on the ground he had not been extradited in time as required by statute.
Mustafa (Abu Hamza) v Government of the USA  1 WLR 2768. AJ defended Abu Hamza in his extradition case, accused of terrorism in Afghanistan, Yemen and the USA. Issues; human rights, Article 3 and 8, delay, evidence obtained by torture. AJ continues to represent him before the ECtHR. More >
Irving v Government of USA (2008). AJ represented an oil trader accused in the USA of breaching sanctions in the Oil for Food case; the defendant reached a negotiated conclusion at the Magistrates’ Court stage. More >
Brown v Rwanda  EWHC 770 (Admin). AJ acted for the first of four men accused in England of the 1994 genocide. The appeal succeeded because extradition would violate the right to a fair trial.
Dudko v Russia  EWHC 1125 (Admin). AJ secured the discharge on appeal of a Russian on the ground that the extradition warrant was insufficiently clear.
Khurts Bat v Germany  EWHC 2029 Admin. AJ represented a Mongolian diplomat accused of kidnapping in Germany; issues, special envoy and state immunity. The defendant was extradited but immediately released to Mongolia.
Wright v Government of Argentina  EWHC 669. AJ represented a UK woman and won her appeal on the ground that Argentinian prison conditions violated Article 3 ECHR. More >
O’Brien v Director of Serious Fraud Office  EWCA Civ 501. AJ appeared for a person extradited from the USA and imprisoned for contempt of court. Issues; specialty and nature of conviction for contempt. Appeal dismissed; petition to Supreme Court pending.
Nosratollah Tajik . After extradition proceedings of 6 years, Alun Jones secured the release of Nosratollah Tajik, a former Iranian ambassador to Jordan, accused in the USA of conspiring to export night vision goggles from the USA to Iran. The High Court discharged him on 27 November 2012 on the ground of unreasonable delay by the USA and Home Office. Mr Tajik is the only Muslim to defeat a US extradition request for terrorist or political offences since the Extradition Act 2003 came into force.
Other extradition cases
Alun Jones represented Boris Berezovsky in an extradition case brought by Russia in 2003. The case collapsed at Bow Street Magistrates’ Court when Berezovsky was granted asylum. AJ has advised two other émigré Russian industrialists on extradition outside both Russia and the UK.
In 1992, he represented the Attorney General in the Hong Kong appeal extradition case of Eng Sui Hang (1992).
In 1996 he appeared in the USA as an amicus in USA v Salazar, a murder suspect unlawfully rendered from Mexico to Illinois.
In 1997-9 he represented Peter Kruger, accused in Switzerland of fraud in extradition proceedings in the Cayman Islands, eventually resolved by agreement.
Hadi Soleimanpour, 2003. AJ successfully defended this Iranian national accused in London in 2003 with a terrorist attack on a synagogue in Buenos Aires.
Fu and Guo, 2011. AJ represented two Chinese businessmen, accused in a US “sting” of exporting military equipment from the USA; discharged at Magistrates’ court on a timing point.
Alun regularly writes and broadcasts on topics of current extradition interest, and has lectured in England, Hong Kong, Switzerland, France, Italy, Jamaica, Ireland, Barbados, St Lucia, and Florida. He has recently advised parliamentarians about reform of extradition law.
Alun represented Domenico Rancadore in his extradition case – http://www.bbc.co.uk/news/uk-england-london-23627782
Warrants, search and seizure
Alun Jones has developed a personal practice judicially reviewing warrants, entries searches and seizures, domestic and in pursuance of overseas letters of request, and other interlocutory aspects of the criminal law.
Gibbs v Rea PC  AC 78, on appeal from the Cayman Islands. This case re-established the tort of maliciously procuring the execution of a search warrant. Alun Jones represented the target of a search warrant in the Privy Council, and argued successfully that damages should be awarded.
AJ has appeared in the following High Court cases in England. (Where the warrant was quashed, as set out below, declarations of illegality were made, and in some cases damages awarded.)
R v CCC, ex parte Propend Pty  2 Cr App R 26; search warrant, obtained by police to search city solicitors in aid of a mutual legal assistance request from Australia, quashed.
R v City of London Magistrates’ Court, ex parte Green  3 All E.R. 551; contempt proceedings brought against SFO arising out of injunction obtained after search warrant executed.
R v Southwark Crown Court, ex parte Gross  COD 445; search warrant obtained by police in aid of US extradition request quashed.
R v Bow Street Magistrates’ Court, ex parte M (1998); search warrant obtained by police in aid of US restraint order quashed.
R v Marylebone Magistrates Court, ex parte Amdrell Ltd (1999) 162 JP 719; judicial review of search warrant, guidance on press attendance.
R (Kent Pharmaceuticals Ltd) v Director of the SFO and others  EWHC 3023 (Admin); unsuccessful challenge to SFO search warrant (see “SFO cases” above).
R (Hewitson) v Chief Constable of Dorset  EWHC 3296 (QB); search of premises after extradition arrest declared unlawful.
R (C) v Chief Constable of A  EWHC 2353 Admin; challenge to search warrant in child pornography allegation.
R (Redknapp) v Central Criminal Court  1 WLR 2091; search warrant obtained by police to enter and search football manager’s house quashed. More >
R (Faisaltex Ltd) v Preston Crown Court  1 WLR1687; search warrant to enter and search Liverpool solicitors quashed; other warrants upheld. More >
R (Bates) v Chief Constable of Avon and Somerset Police  EWHC 9421 (Admin); search warrant obtained by police to enter and search defence computer expert’s home quashed. More >
Sher and others v Chief Constable of the Greater Manchester Police  EWHC 1859 (Admin); AJ appeared for five suspects in judicial review of arrests, searches and detention for 13 days for suspected terrorism. Judicial review failed; case currently before ECHR.
R (Bhatti) v Croydon Magistrates’ Court  1 WLR 948; search warrant to enter and search college quashed.
Montpelier Ltd v Isle of Man Attorney General (December 2010); search warrant quashed on IoM, by consent after proceedings were issued; damages claim pending.
R (Gittins) v CCC  EWHC 131 (Admin); procedure on application for judicial review of search warrant.
R (Panesar) v Bristol Crown Court  EWHC 842, search warrant quashed for evidential insufficiency after restraint order quashed.
R (Windsor and others) v Bristol Crown Court [20i1] EWHC (Admin) 1899; various search warrants quashed consequent on the Panesar judgment; consequential orders.
AJ has various cases pending. AJ has also advised on entries, searches and seizure in the Channel Islands.
Government of USA v Montgomery  1 WLR 196; AJ appeared in the House of Lords for a US citizen the subject of a restraint order application by the US Government in the UK. (This case was also called M in an associated search warrant judicial review (see above)).
The Poyiadjis case
Poyiadjis v US Department of Justice. Between October 2002 and March 2005, AJ acted for Roys Poyiadjis, wanted by the USA for a “dotcom” Nasdaq fraud, in which it was alleged $US200m was transferred unlawfully to the Isle of Man. The money was then subject to criminal and civil freezing orders. Poyiadjis, a Cypriot national, could not be extradited from Cyprus. Extensive interlocutory litigation took place in the Isle of Man, the USA and Cyprus involving the US Department of Justice, Securities and Exchange Commission and private investors. Acting as an Isle of Man lawyer, AJ took evidence in London, California, New York, Washington DC, Cyprus, Isle of Man and Bulgaria, occupying over half his professional time for more than two years, giving him deep experience of the SEC and Patriot Act. The case ended in a financial settlement in February 2005. Poyiadjis travelled voluntarily to the USA on a plea bargain.
In Windsor v HMRC  1 WLR 1519, AJ obtained the quashing in the Court of Appeal of restraint orders, associated with the Panesar and Windsor warrants judicial reviews, above.
AJ has also advised on restraint orders and confiscation cases in the Cayman Islands and Channel islands.
AJ has conducted numerous murder/manslaughter cases before juries, in silk and as a junior. He has appeared in the following notable or reported cases.
Herald of Free Enterprise capsize; AJ defended the ship’s first mate in 1990; no case to answer.
Reported cases on murder/diminished responsibility:
Gittins, CA,  QB 698);
Sanderson, CA, (1994) 98 Cr. App. R. 325;
Erskine, Williams, CA,  2 Cr. App.R 29.
Reported cases on recklessness and involuntary manslaughter;
Ex parte Jennings 1983 (see extradition cases, above);
R v West London Coroner, ex parte Gray  Q.B. 477 (death in police custody);
R v Reid HL  1 W.L.R 793 (death by reckless driving);
Attorney-General’s Reference No 2 of 1992 (1993) 97 Cr. App R. 421 (automatism and recklessness);
R v Bow Street Stipendiary Magistrate, ex parte South Coast Shipping Ltd  QB 645; judicial review in relation to private prosecution and the Marchioness/Bowbelle disaster;
R v Litchfield  Crim L.R. 507 (gross negligence, death at sea).
The Hillsborough disaster
Alun Jones represented six bereaved Liverpool families in 1993 in judicial review proceedings seeking fresh inquests;
R v South Yorkshire Coroner, ex parte Stringer, Unreported 5 November 1993.
Thereafter he advised the Hillsborough Family Support Group in the course of a Home Office “Scrutiny” into new evidence in 1997-8. He then advised upon and conducted a private prosecution of two senior police officers at the disaster for manslaughter. The case survived defence abuse of process applications and judicial review proceedings at which it was argued the case should be taken over by the DPP and discontinued and that the defendants were entitled to be funded in their defence by the police authority.
R v DPP, ex parte Duckenfield and Murray; R v South Yorkshire Police Authority, ex parte South Yorkshire Police Authority  1 W.L.R 55.
The case was tried by a jury in a seven-week trial in Leeds in 2000; one officer was acquitted, and the jury disagreed about the other.
Seaboard Offshore Ltd v Department of Transport  1 WLR 541 HL; vicarious liability of a company.
Territorial and extra-territorial jurisdiction
AJ appeared for the prosecution in the Privy Council in Somchai Liangsiriprasert v USA  1 A.C. 225, on appeal from the Court of Appeal in Hong Kong (see Privy Council cases, above). The case is one of the leading and most frequently cited cases in the common law world on territorial and extraterritorial jurisdiction in conspiracy and substantive offences.
He appeared for the defence in R v Hashemi  2 Cr App 398 (CA, conspiracy and extra-territorial territorial jurisdiction).
Miscarriage of justice cases
Alun Jones represented Vincent Hickey, who, with four others, won his third appeal against conviction in 1998 in the Court of Appeal in the Carl Bridgwater murder case of 1979.
In 1995, he won the case of Fulcher on appeal, the defendant having been wrongly convicted of the murder of his child;  2 Cr. App. R 251.
In 1999, AJ represented the Metropolitan Police detective Robert Clark at trial, who was convicted of corruption and sentenced to ten years’ imprisonment. After unsuccessful appeals to the Court of Appeal (( EWCA Crim 975) and ECHR), he continued to advise him and his convicted co-defendant Christopher Drury pro bono through 7 years of a Criminal Cases Review Commission investigation. After the case was referred to the Court of Appeal on the ground of serious non-disclosure of evidence, the convictions of both were quashed (3 December 2010), but a retrial ordered. In a preliminary hearing at the CCC in October 2011, the prosecution offered no evidence against both.
AJ is now advising other police officers convicted in the same 1999-2000 series of trials, whose cases are now before the CCRC.
Other important criminal cases
R v Derby Crown Court, ex parte Brooks (1984) 80 Cr. App. R 264; one of the first and still cited criminal abuse of process cases.
R v Utting  1 WLR 1375 (mental element in forgery).
R v Robinson (1994) 98 Cr. App. R 370 (expert evidence re psychological condition of a complainant in an indecency case).
The State v Rajan Pillai (1994); AJ defended an Indian industrialist for fraud in Singapore, and with the consent of the client, withdrew because of obvious political interference at trial. After conviction, AJ attended courts in Bombay when an extradition request was brought. Pillai died in prison. AJ wrote about the case for The Spectator in June 1995. He also advised pro bono an inmate awaiting execution in Singapore for murder.
DPP v Butterworth  1 AC 381; House of Lords authority on refusal to provide a blood sample.
R v Lord Hardwicke  Crim L.R 220; entrapment, News of the World. More >
R v Lord Hanningfield ; AJ represented a member of the House of Lords convicted of expenses fraud.
R v Haase and Bennett  EWCA Crim 3111. AJ appeared pro bono on appeal against conviction and sentence of 22 years for perverting the course of justice, upheld in CA; the case is now before the ECHR on the grounds that the offence is uncertain and violates Article 7.
Immunity and Privilege cases
Alun Jones has appeared in appellate cases involving claims for immunity from suit, or absolute privilege in various areas.
The Pinochet cases; see above; head of state and state immunity.
Mahon v Rahn  1 W.L.R. 2050; immunity of informants (case associated with
R v Kent and Mahon, above).
The Prosecutor v Simic Red Cross case ICTY 1999; AJ appeared for the International Committee of the Red Cross; the case confirmed that ICRC witnesses were not compellable before international courts.
Khurts Bat v Germany. (See extradition cases above; travelling envoy immunity).
R v Lord Hanningfield; AJ represented Lord Hanningfield, accused of expenses fraud, in the Court of Appeal and Supreme Court, arguing parliamentary immunity; see R v Chaytor and others  1 AC 684.
Alun Jones has been admitted ad hoc to conduct cases in the following jurisdictions:
- The Bahamas
- British Virgin Islands
- Cayman Islands
- District Court for the Southern District of Illinois
- High Court of Fiji
- Isle of Man
- High Court of Rwanda
- International Court for the Former Yugoslavia
- Hong Kong Court of Appeal
- Hong Kong SAR Court of Appeal
- Hong Kong SAR Court of Final Appeal
- Singapore District Court
The Independent 11th October 2012 - Alun Jones QC: Hamza should have been tried here – Original article
Author “Jones on Extradition and Mutual Assistance” (Sweet & Maxwell 2001, second edition; first edition 1995.)
Co-author “Jones & Doobay on Extradition and Mutual Assistance” (Sweet & Maxwell 2004; third edition)
Co-author, Blackstone’s Guide to the Terrorism Act 2006 (OUP)