ECHR rules s44 Terrorism Act stop and search illegal!

In a case with serious implications for the use of the Terrorism Act 2000, the European Court of Human Rights in Strasbourg has ruled in the case of Gillan and Quinton v UK that the use of stop and search powers under s44 Terrorism Act 2000 is illegal.

The rumour is that the Metropolitan Police have been told to suspend the use of such searches pending further guidance from the government, which may have to amend or repeal the existing law.

The judgment referred to the lack of controls over how the powers are used, that no reasonable suspicion is required, and statistics showing that the power is disproportionately used against black and asian males. Also, since the Act was introduced, the total of searches recorded by the Ministry of Justice went from 33,177 to 117,278.

A serious blow for government policy on terrorism. Guardian article here.

Stop and Search... know your rights!

For a good overview of your rights if the police want to stop and search you, have a look at Liberty's guide here.

The Home Office also have guidance on it here, or have a look at the West Midlands Police's guidance here.

It's also worth reading an excellent guide published by the Home Office called "Stop and Search Explained - how police powers work in the community". And have a look at this video for a variety of views on using stop and search!

Also, have a look at Code A which governs stop and search under PACE 1984 here.

It's interesting to note that despite the extensive powers available to the police under s60 of the Criminal Justice Act 2003, the government want to extend police powers to stop and search without a reason still further for 24 hour periods where they believe serious crime is being committed.

Is this a step too far? Have a look at the above article. Do you share David Cameron's confidence that it will not damage community relations? AS students - your views please! Make a comment below.