Stop & Search

Stop & Search

1. Terrorism Act 2000

   • 'All risk' approach due to nature of threat
   • Used to disrupt and prevent terrorist plots

2. Section 43

   • A constable may stop and search a person whom he 'reasonably suspects to be a terrorist to discover whether he has in his possession anything which may constitute evidence that he is a terrorist

3. Current provisions under Section 47A

   • Repealed section 44 under Terrorism Act 2000 (Remedial) Order 2011
   • Section 47A (1)
     • Senior Police Officer may give an authorisation to stop and search in relation to a specified area if he - Reasonably suspects that an act of terrorism will take place AND considers that the authorisation is necessary to prevent such an act, the specified are or place is no greater than is necessary and the duration of authorisation is no longer than necessary to prevent such an act
       • Authorisations may now last up to 14 days
   • Section 47A (2)
     • Authorisation allows constable in uniform to stop a vehicle in the specified area and search the vehicle, the driver, a passenger or anything in the vehicle or carried by the driver/passenger
   • Section 47A (3)
     • Authorisation allows constable in uniform to stop and search in a specified area a pedestrian or anything carried by him
   • Section 47A (5)
     • Power may be exercised without reasonable suspicion of such evidence
   • Section 47A (4)
     • Power may only be used for the purpose of discovering whether there is anything which may constitute evidence that the vehicle concerned is being used in connection with terrorism or that the person concerned falls within scope of section 40 (1) (b)

4. Previous provisions under section 44

   • Lack of safeguards and may have been used where normal law would not have allowed, did not require reasonable suspicion etc
     • Authorised if 'expedient', no more than helpful
     • No requirement of 'necessary'
     • No geographical discretion
     • Risk of arbitrary use
     • Limited to 28 days but 'rolling programme
     • Was to look for articles used in connection with terrorism, too wide
   • Compliance with ECHR
     • R (on the application of Gillian) v Metropolitan Police Commissioner, Gillian v UK

5. PACE 1984

   • 'Normal provisions of stop and search'
     • Requires 'reasonable suspicion' that an offence is being committed and must suspect he will find prohibited or stolen articles
     • Must give grounds and reasons for search
     • May exercise in any place where the public has access