Terrorism Prevention – The Diplock Commission
The Diplock Commission was a criminal court in Northern Ireland. It was created in 1972, during the ‘Troubles’ time, when the British government suspended the Northern Irish government and appointed a Royal Commission to consider legal procedures for preventing terrorism with Lord Diplock as the Lord of Appeal. The Commission was appointed to consider what arrangements would be proper in effectively dealing with terrorist organizations by bringing to book rather than executive internment of individuals that engaged in terrorist activities (Clutterbuck, 1997).
In December 1972, Lord Diplock’s Report, which included proposed measures, was presented to parliament. These proposals stated that; a single High Court or a Country Court Judge should conduct non-jury trials for serious offenses such as those connected with terrorism. Additionally, the onus of proof should be altered to prove the probability that a person in possession of weapons of terrorism did not know about the found weapons. In addition, confessions made by the accused should be accepted as evidence unless they were obtained through torture or any inhuman treatment. Further, they also stipulated that written and signed statements- by persons who could not be in court for specific reasons- presented to scheduled offense investigators should be admissible (Clutterbuck, 1997).
The Diplock’s Report also noted witness and jury intimidation as the main obstacle in dealing with terrorist crimes; the fear was widespread and stood on strong grounds, and witnesses could not confess or give evidence for fear of their own lives and the lives of their families. Furthermore, the proposed measures in the report resulted in the Northern Ireland Emergency Act (NI(EP)A) 1973, which enacted all its provisions. The Act also provided special powers like stopping people, searching them and their properties like in vehicles, and questioning them concerning terrorist activities such as possession of weapons and so on.
In conclusion, the Diplock Commission was essential as it provided effective measures in capturing terrorists and controlling terrorist activities in a democratic society such as Northern Ireland by setting up legal strategies to be applied in counterterrorism. By examining the problems in dealing with terrorism, the Commission set up legal aspects that were effective in dealing with the same.
References
Clutterbuck, R. (1997). Public Safety and Civil Liberties. 1st ed. London: Palgrave Macmillan UK.
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Question 
The Diplock Commission
Evaluate how the Diplock Commission was set up to look at ways of dealing with the legal aspects of controlling terrorism in a democratic society.