As a seasoned domestic extremist never without a trusty Nikon HarpyMarx was warmed to the cockles of her heart by the judgement of the European Court of Human Rights. Section 44 powers giving the police power to stop anyone on a whim have been ruled unlawful.
Hope the news gets through to the cops and they confirm that the authorising of the powers (which is done in secret has ended). If a cop thinks that someone is or maybe involved in terrorist activity then powers to stop and search triggered by reasonable suspicion will be ok to deal with it every time.
Full judgement here.
Advertisement
Interesting – I always felt that it was illegal, however, I felt the specific case was trivial of its nature to win the case on the unfair searches.
“8. At about 10.30 a.m. on 9 September 2003 the first applicant was riding a bicycle and carrying a rucksack near the arms fair, on his way to join the demonstration. He was stopped and searched by two police officers who told him he was being searched under section 44 of the Terrorism Act 2000 (“the 2000 Act”: see paragraphs 28-34 below) for articles which could be used in connection with terrorism. He was handed a notice to that effect.”
Why would a person be riding a bike while carrying ((to have it on your back would be to wear, carrying is to hold?)) a rucksack in the direction of a protest?
On this specific example I think the police were right to do a stop and search. Also, procedure seemed to be followed (when I was stopped I was never handed a notice). I can confirm when I was stopped it seemed like 30 minutes too.. not a brief 5 minute thing.
Overall I am happy of such judgement. Lets hope it makes a change (including withdrawal from EU) – but whats the worse that can happen if the Government refuses to change the law?