Scenario Based Learning: United Kingdom Legal System
1
Scenario Based Learning: United Kingdom Legal System
Robert W. Johnson
School of Criminal Justice, Liberty University
Author Note
Robert W. Johnson
I have no known conflict of interest to disclose.
Correspondence concerning this article should be addressed to
Robert W. Johnson
Email: Rjohnson574@liberty.edu
Scenario Based Learning: United Kingdom Legal System
2
Abstract
This report will describe the United Kingdom’s legal system by describing a fictitious crime. The
crime which is in question is terrorism. The synopsis of the scenario is an American citizen is
detained at Heathrow Airport in London when an explosive K9 sits on the individual’s luggage.
Upon a search of the individual’s luggage, numerous loose magazine articles sympathizing with
the Irish Republican Army are found, a hard covered book titled “Improvised Explosives, How to
Make Your Own” and four rounds of 9mm ammunition are discovered. The individual was
quoted as saying “I hope all you baby killers rot in hell”.
This report will explain this scenario in more detail and from research on the Legal System of
The United Kingdom will determine the process that would occur to include the arrest, trial and
incarceration of this individual. A biblical correlation will be made with bible teaching and the
United Kingdom’s Common Law.
Keywords: Terrorism Act of 2000, Terrorism Act of 2006, M15, M16, Director of Public
Prosecutions, Crown Courts, Solicitors, Barristers, Ministry of Justice, Prison Service.
Scenario Based Learning: United Kingdom Legal System
3
Background
On March 25th, 2018 Ian Grady was traveling from Newark International Airport to Heathrow
International Airport in London, United Kingdom. The Metropolitan Municipal Airport Police
Force, which has primary jurisdiction for Law Enforcement at Heathrow, had a Police Officer
along with a K9 trained in explosive recognition randomly patrolling a section of the airport.
Once Mr. Grady exited the aircraft, he decided to stop at a Starbuck’s inside the airport terminal.
Mr. Grady purchased a coffee and a muffin and sat in the common area of the terminal. Mr.
Grady put his small carry-on bag next to him while he enjoyed his meal. While patrolling the
area, the K9 walked past Mr. Grady’s carry-on bag and “sat” next to it. K9 animals trained in
explosives detection are trained to sit near an item which may have the smell of chemicals
consistent with bomb making. Gun powder is one such ingredient which has properties similar to
items which could be used to make an explosive device (OSCE Polis, 2021).
The police officer asked Mr. Grady if the bag next to him was his. Mr. Grady answered yes it
was. The Police Officer informed Mr. Grady that his K9 was trained in explosive detection and
had sat next to his bag. He informed Mr. Grady that for his safety he would need to move to a
safe location until the contents of his bag could be examined to determine if explosives were in
his bag. The area around the bag was secured, other travelers in the area were told to leave and
Mr. Grady was escorted to an office in the airport controlled by the Metropolitan Police. An
Scenario Based Learning: United Kingdom Legal System
4
Officer trained in Explosive Ordinance Detection (EOD) examined the bag and discovered a
dried oily substance on the bottom of the bag. The Officer, in accordance with his M15 explosive
substance training, believed this dried oily substance could be consistent with bomb making
materials. The Officer could not visually find any wires or igniters which would pose an
immediate danger of the bag detonating. Members of the EOD brought a portable X-ray machine
to the scene and determined that there appeared to be no wires or explosive material in the bag.
The X-ray image did show what looked like four casings which appeared to be small arm
ammunition in the bag. The Officer then opened up the bag and did a visual inspection. The
Officer found a shut off cell phone, several pieces of men’s clothing, a book titled “Improvised
Explosives, How to Make Your Own”, a map of London with several locations circled and
numerous magazine articles referencing the Irish Republican Army (Security Service, M15,
2021).
Arrest
The EOD team brought the bag and its contents into the airport police office and handed it over
to an evidence collection team. The team began to inventory and package each individual item.
Mr. Grady was informed by officers that his bag had some very troubling items in them and
asked him if he could explain why they were found. Mr. Grady asked if he was being arrested
and the police officers response was yes. Grady was handcuffed and put into a holding cell. He
Scenario Based Learning: United Kingdom Legal System
5
was told of his rights in accordance of the Codes of Practice. He was told that he had a right to
not talk, a right to a solicitor (attorney) and that he was being charged with Terrorism under the
Terrorism Act of 2000 and 2006 (cps.gov, 2019). As the officers left Grady yelled out “I hope all
you baby killers rot in hell”.
A half an hour later Mr. Grady was brought into an office where two individuals were waiting.
The Identified themselves as agents of a terrorism task force working for The United Kingdom
M15 service. The M15 derives its authority from the Security Services Act of 1989 which is
described by its mission statement as “the protection of national security and in particular its
protection against threats such as terrorism, espionage and sabotage, the activities of agents of
foreign powers, and from actions intended to overthrow or undermine parliamentary democracy
by political, industrial or violent means". They again read Grady his rights in accordance of the
1984 Police and Criminal Evidence Act which was passed by Parliament (Terrill, 2016).
Although they did have authority to be vaguer due to the charges of Terrorism under the
Terrorism Act of 2000, they choose to use the more conservative procedural rules. Mr. Grady
agreed to speak to them and signed a statement stating that he was informed of his rights and he
agreed to speak to the investigators. Mr. Grady was questioned over a 24 hour period. He had an
eight hour break to rest and was given three meals during that time in accordance with United
Kingdom procedural rules (Terrill 2016).
During this period they asked Grady numerous questions and he admitted to the following;
1. He sympathizes with the IRA and is adamant about right to life causes.
Scenario Based Learning: United Kingdom Legal System
6
2. He is interested in explosives and did bring his travel bag to a wooded area in the
United States where a group of men showed him how to fire a weapon and make a
simple explosive device and gave him a small sample of explosive material which he
left in the U.S.
3. The rounds must have been left over from when he went to the woods with those
individuals and was surprised that they were not found when his luggage was checked
at Newark Airport.
4. He was going to meet with individuals who are also pro-life and they were going to
conduct surveillance on several abortion clinics in London.
5. He believes that he would use any means necessary including blowing up abortion
clinics if it would help people see just how wrong and immoral abortion is.
During this time period, M15 conducted a search of Grady’s phone. During that search they
downloaded Grady’s contact names and numbers and with assistance from M16 or The Secret
Intelligence Service. The M16 has three core aims, stopping terrorism, disrupting the activity of
hostile states and giving the UK a cyber advantage (SIS, 2021). M16 was able to determine that
three people in Grady’s contacts are known to have an affiliation with the IRA. M15 checked the
contacts through their travel database and determined that two additional people had just flown
in from the United States in the last two days.
Scenario Based Learning: United Kingdom Legal System
7
Grady was asked by the M15 investigators if he would cooperate in finding his associates in this
terror plot. It was explained to him that if he cooperated his charges would not be dropped but his
cooperation would be communicated to the Justices from the Queen’s Bench of the High Court
where his case would almost certainly be heard. Grady agreed to make a phone call and arranged
to meet with the rest of his team at a hotel restaurant in downtown London. Numerous police
agencies under the direction of the Home Office set up a surveillance of the hotel restaurant in an
attempt to arrest other conspirators in this terrorism attempt. The Home Office is also known as
the Home Department and is in charge of numerous police agencies in the United Kingdom
(Terrill, 2016).
Grady decided that it would be best for him if he had some legal counsel since he really did not
understand how the law worked in the UK. He requested counsel and the Investigators stopped
asking him any questions and the investigators contacted the Defence Solicitor Call Centre
immediately. Grady could receive free services from a Solicitor or a Barrister. A Solicitor
defends most individuals accused of a crime in the UK but because of the seriousness of these
charges, a more experienced Barrister would be in Grady’s best interests (gov.uk, 2021).
The other conspirators were captured and this case made news headlines around the world. It was
a great use of law enforcement resources to stop this terror attack. It did help promote the
increasing confidence that UK citizens have in their police force (PMG, 2018).
Scenario Based Learning: United Kingdom Legal System
8
Trial
Grady’s trial was held several months after he was accused and charged with the following
crimes according to the United Kingdom Terrorism Act of 2000 and 2006 (cps.gov, 2019);
1. Sections 5 of the Terrorism Act 2006 - preparation for acts of terrorism
2. Section 11 of the Terrorism Act 2000 – membership of a proscribed organization
3. Section 57 of the Terrorism Act 2000 - possession of articles for terrorist purpose
4. Section 58 of the Terrorism Act 2000 - possession of information likely to be useful to
a terrorist
Grady was tried in the Crown Court. Crown Courts have jurisdiction over all major criminal
cases. A justice from the Queen’s Bench Division of the High Court presided over the case.
Although jury trials are rare in the UK, a jury was picked due to this case being held in the
Crown Court (Terrill, 2016).
A Barrister was appointed by the Division of the Legal Profession to defend Grady. Barristers are
known to have more education and more experience than Solicitors. Further, although it is
common for Barristers to defend appeal cases, it is standard for Barristers to defend defendants
in cases held at the Crown Court level (Terrill, 2016).
Scenario Based Learning: United Kingdom Legal System
9
Grady’s counsel approached the prosecutors and requested a plea bargain for a drop in some
charges and a reduced sentence due to Grady’s cooperation in the arrests of the co-conspirators
of this crime. It was reasoned that Grady’s cooperation may have led to saving numerous lives
which could have died if the terror attacks on abortion clinics came to fruition. The prosecutor
agreed to drop the first and second charges of preparation for an act of terrorism and membership
of a proscribed organization. Grady plead guilty and was sentenced to ten years in prison then
extradition to the United States when his time was served.
Incarceration
Ian Grady served his time in the HMP Franklin Prison in County Durham. This prison is known
for housing terrorists and has come under some public scrutiny because of its propensity for
inmates becoming radicalized while incarcerated (Arab News, 2021).
The Ministry of Justice overseas the management of the prison system in the United Kingdom.
The Prison Service falls under the Ministry of Justice and is aligned with the National Probation
Service and the Parole Board. The mission statement of the Prison Service is to serve the public
by keeping those in custody who are remanded by the courts. Their duty is to treat them with
humanity and guide them towards living law abiding lives once they have been released. Their
Scenario Based Learning: United Kingdom Legal System
10
objectives include protecting the public, securely holding prisoners, reducing the rate of
recidivism and treating prisoners humanely, decently and lawfully (Terrill, 2016).
Grady did encounter some violence in prison. Most of the problems came from inmates who
served in the British Army. He was able to serve his time and acquired the skill of carpentry
while in a prison study program.
Biblical Correlation
The United Kingdom’s Common Law has a strong correlation with biblical teachings. Although
in modern times it is clear that the state controls the legal system, this was not always the case
centuries ago. The Church had exercised an authority quite as important as that of the State, that
its jurisdiction extended over and regulated the minutest details of the daily life of every man,
and that its laws were administered by courts whose sentence of excommunication practically cut
off the culprit from all rights and privileges as a member of society. If an individual was
excommunicated, their role in the legal system was limited. For example, they could not serve as
a juror.
Scenario Based Learning: United Kingdom Legal System
11
The ecclesiastical courts of England have a longer pedigree than those of the common law; for
the Church, of which they formed the judicial branch antedated the Conquest, and through the
Church courts the Popes exerted their authority over all Christendom. Even after the
Reformation, when Henry VIII boldly asserted the royal supremacy, the canon law of the
Catholic Church became the King's ecclesiastical law of the Church of England. The Church
courts exercised a corrective jurisdiction over the religious beliefs and morals of both the clergy
and laity. All matrimonial questions were settled in these courts, they also granted probate of
wills and letters of administration, and to a great extent controlled executors and administrators
(Gest, 1910).
As in most societies. Religion and the bible play a large role in the development of a countries
legal system.
Scenario Based Learning: United Kingdom Legal System
12
References
Government Digital Service. (2015, January 27). Being arrested: your rights. Retrieved March
27, 2021, from https://www.gov.uk/arrested-your-rights/legal-advice-at-the-police-
station#:%7E:text=Your%20right%20to%20free%20legal,if%20you%20turn%20it
%20down.
John Marshall Gest. (1910). the Influence of Biblical Texts upon English Law. Retrieved from
https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?
article=7211&context=penn_law_review
Public Perceptions of Policing in England and Wales 2018. (n.d.). Retrieved March 27, 2021,
from https://www.bmgresearch.co.uk/wp-content/uploads/2019/01/1578-HMICFRS-
Public-Perceptions-of-Policing-2018_FINAL.pdf
SIS | Home. (n.d.). Retrieved March 27, 2021, from https://www.sis.gov.uk/
Terrill, R. J. (2015). World Criminal Justice Systems: A Comparative Survey (9th ed.). New York,
New York: Routledge.
UK terror prison unit could be radicalizing inmates: Report. (2021, January 17). Retrieved March
27, 2021, from https://www.arabnews.com/node/1794116/world
United Kingdom | OSCE POLIS. (n.d.). Retrieved March 27, 2021, from
https://polis.osce.org/country-profiles/united-kingdom
Scenario Based Learning: United Kingdom Legal System
13
What We Do | MI5 - The Security Service. (n.d.). Retrieved March 27, 2021, from
https://www.mi5.gov.uk/what-we-do
