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NLJ this week: what protection against unlawful stop & search?

03 September 2021
Issue: 7946 / Categories: Legal News , Criminal , Human rights
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The options for injunctive relief against unlawful stop and search are narrow, Neil Parpworth, of Leicester De Montfort Law School, writes in this week’s NLJ

For some, stop and search is a regular occurrence, and can cause resentment towards the police as well as negatively impact the individual’s confidence.

Currently, the Home Office is seeking to expand police powers to allow what Parpworth refers to as ‘suspicionless’ stop and search, where officers can stop and search certain individuals without the need to reasonably suspect they are in possession of a knife or other dangerous weapon.

Should stop and search be unlawful, an individual can lodge a formal complaint or pursue a judicial review action. Parpworth looks at the latter option, exploring a recent case involving a black 24-year-old stopped and searched while driving his girlfriend’s BMW on three occasions. He concludes applications for injunctive relief are unlikely to be successful.

MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

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The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
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