The government’s proposed emergency legislation to stop the early release of convicted terrorists might be illegal, according to the UK’s former independent reviewer of terrorism legislation.  

Lord Carlile, who held the role from 2001 to 2011, has cast doubt on whether changes to the release conditions of those already sentenced could be applied retrospectively.

Responding on Monday to the Streatham terror attack, the government vowed to introduce emergency legislation to prevent terrorists being automatically freed from prison half way through their sentence.

Justice secretary Robert Buckland also said those jailed for terror offences will have to appear before the parole board before they can be released.

“We will therefore introduce emergency legislation to ensure an end to terrorist offenders getting released automatically having served half of their sentence with no check or review.”

He added that the parole board will be strengthened “to deal even more effectively with the specific risk that terrorists pose to public safety”.

Mr Buckland also said the government will review whether current maximum penalties and frameworks for terror offenders are “appropriate”.

He made the announcement a day after Sudesh Amman, 20, was shot dead by police after stabbing two people in an apparent Islamist-inspired attack in Streatham, south London.

Amman, from Harrow, northwest London, had been released from prison a week before Sunday afternoon’s attack after serving time for spreading extremist material.

Mr Buckland confirmed he had automatically been released half way through his sentence of three years and four months, and had not had to go before the parole board.

Under the emergency legislation, terror prisoners, including ones currently in prison, will not be allowed to be released until they have served two thirds of their sentence and until the parole board has agreed.

Mr Buckland told the House of Commons that the Streatham attack made the case for “immediate action”.

“We will therefore introduce emergency legislation to ensure an end to terrorist offenders getting released automatically having served half of their sentence with no check or review.”

But speaking in the House of Lords, Lord Carlile suggested the proposed legislation might have gone too far.

He warned of a risk of legal challenge to the retrospective nature of the government’s proposals and urged the reintroduction of control orders instead.

He told the PA news agency that control orders would be an “effective and proportionate response” to tackle the “immediate problem” of offenders being automatically released from prison after serving half their sentence.

Control orders were introduced under 2005 anti-terrorism legislation.

The order signed by the Home Secretary put a terrorist suspect under close supervision, described by some as being similar to house arrest, with restrictions on who they met and where they went.

They were repealed and replaced by measures known as TPIMS (Terrorism Prevention and Investigation Measures) in 2011, which the government said were less intrusive, addressed concerns about civil liberties with time
limits and with a higher test to be met for one to be brought into force.

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