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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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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
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Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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