UK: Misuse of Section 44 stop and search powers continues despite European Court ruling

Abstract:

The police are using section 44 powers to stop and search people for reasons unrelated to terrorism. Both amateur and professional photographers are being increasingly impeded as part of a broader struggle over the control of public space.

On 12 January 2010, the European Court of Human Rights (ECHR) ruled that section 44 of the Terrorism Act 2000 breaches privacy rights afforded by Article 8 of the Convention on Human Rights. Section 44 gives police the power to indiscriminately stop and search people without reasonable suspicion. This is in part because the police have too much discretion over when to use this power, and insufficient legal safeguards are in place to guard against its misapplication.

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