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14 January 2010
Issue: 7400 / Categories: Legal News
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Stop & search violates Art 8

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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

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