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Police stop and search under the Terrorism Act require little more than a hunch

Saturday 11 March 2006 at 1:24 am | In News | Post Comment

Gillan & another v Commissioner of Police [2006] HL
[Police Powers – stop and search – 44 of the Terrorism Act 2000 – searches under the Act require no suspicion]
D the Metropolitan police controlled demonstrations at an East London arms fair in 2003 using stop and search powers under the Terrorism Act 2000. Police officers of the rank of commander and above can authorise searches under section 44 of the act, for a period of up to 28 days, if they obtain backing from the Home Secretary. Authorisations had been in force for the Greater London area continuously since 19 February 2001. At the demonstration they stopped and search G, a student and Quinton a photo journalist who was covering the event.

Held: The law allows officers to stop and search people and vehicles for articles that could be used in connection with terrorism. Unlike other stop-and-search powers, they may be used whether or not the police have grounds for suspicion.

The use of stop and search, and any consequent violation of human rights, was proportionate under the European Convention on Human Rights and justified in the light of the threat of terrorism.

Lord Bingham said the exercise of the powers by public officials “must be governed by clear and publicly-accessible rules of law”.

“It is an old and cherished tradition of our country that everyone should be free to go about their business in the streets of the land, confident that they will not be stopped and searched by the police unless reasonably suspected of having committed a criminal offence. “So jealously has this tradition been guarded that it has almost become a constitutional principle. But it is not an absolute rule. There are, and have for some years been, statutory exceptions to it.”
He said that an exception can now found in sections 44-47 of the Terrorism Act 2000.
D won
Whole case here