header-logo header-logo

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

Stop & search violates Art 8

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

Kennedys—Milan Devani

Kennedys—Milan Devani

Chief information officer appointment strengthens technology leadership

Maguire Family Law—Hannah Barlow & Sophie Hughes

Maguire Family Law—Hannah Barlow & Sophie Hughes

Firm strengthens Wilmslow team with two solicitor appointments

DWF—Ian Plumley

DWF—Ian Plumley

Londoninsurance and reinsurance practice announces partner appointment

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
back-to-top-scroll