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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
back-to-top-scroll