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30 June 2016 / Nicholas Dobson
Issue: 7705 / Categories: Features , Public
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Stop & search

Nicholas Dobson examines the Supreme Court’s approach to the police stop and search power in s 60 of the Criminal Justice and Public Order Act 1994

  • Criminal Justice and Public Order Act 1994, s 60 (powers to stop and search in anticipation of or after violence) is compatible with Convention rights in the light of the surrounding statutory and other constraints on its operation.
  • The exercise of public power must be governed by clear and publicly accessible rules of law.
  • The public must not be vulnerable to interference by public officials acting on any personal whim, caprice, malice, predilection or purpose other than that for which the power was conferred.

“Stop in the name of the law!” was apparently a command from the early days of policing. It seems that when approaching a suspect the officer would shout the order. If the suspect then “did a runner” he would be pursued by the policeman, shouting the “stop” command on the hoof while also sounding a police whistle to summon assistance. This would often

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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