header-logo header-logo

Stop & search violates Art 8

14 January 2010
Issue: 7400 / Categories: Legal News
printer mail-detail

European Court rules stop & search powers breach right to respect for private life

The European Court of Human Rights (ECtHR) has ruled parts of the Terrorism Act 2000 violate the right to respect for private life, in an embarrassing result for the Home Office.

In Gillan and Quinton v UK, the ECtHR found that s 44 of the 2000 Act, which gives the police stop and search powers without reasonable suspicion of wrongdoing, violates the Art 8 right to respect for private life.

Homes secretary Alan Johnson said: “[Stop and search] is an important tool in a package of measures in the on-going fight against terrorism.

”I am disappointed with the ECtHR ruling in this case as we won on these challenges in the UK courts, including in the House of Lords.

“We are considering the judgment and will seek to appeal. Pending the outcome of this appeal, the police will continue to have these powers available to them.”

Under the 2000 Act, a senior police officer may authorise a defined geographical area

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll