Liberty wins landmark stop and search case in Court of Human Rights

The European Court of Human Rights found that the use of powers of stop and search under section 44 of the Terrorism Act 2000 breaches the right to respect for private life, which is protected by Article 8 of the European Convention on Human Rights.

The power allows police to designate specific areaswhere they have special powers in relation to terrorism. This means that within these localities people and vehicles can be stopped and searched by the police if they consider it expedient to do so to prevent acts of terrorism. There is no need for any reasonable suspicion. Since the law came into force the whole of Greater London has been designated under the Act.

The case arose from an arms fair in the Docklands area of East London in September 2003 where Pennie Quinton and Kevin Gillan (amongst many other journalists and peace protestors) were subject to lengthy stop and search and prevented from attending a demonstration under section 44.

Liberty helped them challenge the use of the police powers on the grounds that they were an unlawful intereference with their rights to respect for their private life and their right to liberty. The European Court of Human Rights agreed and stated:

“…the powers of authorisation and confirmation as well as those of stop and search... are neither sufficiently circumscribed nor subject to adequate legal safeguards against abuse. ….They are not therefore “in accordance with the law”.”

Liberty will be suggesting urgent amendments to section 44 during the passage of the Crime and Security Bill (before Parliament in the next few weeks).

YOu can help us campaign for Section 44 to be amended by telling us about your experiences. If you have been searched under Section 44, please visit Liberty's main website and complete our monitoring form (http://www.liberty-human-rights.org.uk/issues/6-free-speech/s44-terrorism-act/index.shtml).