Police anti-terror ‘stop and search’ overruled
Police powers to use terror laws to stop and search people without grounds for suspicion are illegal, the European Court of Human Rights has ruled. The Strasbourg court has been hearing a case involving two people stopped near an arms fair in London in 2003.
It said that Kevin Gillan and Pennie Quinton’s right to respect for a private and family life was violated. Home Office Minister David Hanson MP said he was “disappointed” and would considering whether to appeal.
…
Speaking to BBC Radio 4′s The World At One, Ms Quinton said she hoped the ruling would lead to the government drawing up a “fairer body of legislation to protect us”.
“It’s not about saying that there’s no need for stop and search. What we’re really saying is people have a right to privacy and there needs to be a balance between police powers to ensure our safety but also our rights to a private life.”
Amnesty International today issued a press release stating:
The UK government must scrap abusive, discriminatory and unlawful powers that allow the police to stop and search without reasonable suspicion, Amnesty International said today after the European Court of Human Rights ruled that their use was illegal.
The European court has been hearing a case involving two protesters, Kevin Gillan and Pennie Quinton, who were stopped near a protest against an arms fair in London in 2003 by police acting under the 2000 Terrorism Act, which allows senior officers to authorise stop and search procedures without reasonable suspicion.
The Court ruled that their right to respect for a private and family life under Article 8 of the European Convention on Human Rights had been violated.
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Reader comments
I suspect, despite Hanson’s bluster, the government will think twice about appealing (to the Grand Chamber, where the ECtHR’s judges sit en banc).
When the UK did this in the DNA retention case, the Grand Chamber handed down a decision which held the UK’s policy to be illegal – and because it was the Grand Chamber it had considerably more force.
The (legally) interesting bit is the extension of invasion of privacy to stop and searches per say (blogged about here http://bit.ly/68ZYKD) as this could open stop and search more generally to broader challenge.
Ironically, the new Met Commissioner has restricted the use of stop and search to particular locations. If his predecessors had done this, the ECtHR might have upheld their officers’ behaviour.
What’s the betting that columns in the papers are going to contain anti human rights commentary tomorrow: “human rights bill lets terrorists go free” type nonsense.
This is good news.
Hopefully more of New Labour’s illiberal policies will soon be repealed and Blair will see his vicious legacy crumble to dust … before the Tories get in, rephrase the legislation in more innocuous terms and put it back in again.
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:: Police anti-terror 'stop and search' law condemned http://bit.ly/7JhaW7
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