The European Court of Human Rights (ECHR) has ruled that random stop and searches were illegal. This decision was reached in January and the ECHR have already stated that the government will not be able to challenge the decision.
Civil liberties groups have always stated that stop-and-searches should be scrapped. Further to this, it is alleged that individuals of black or Asian ethnicity are disproportionately targeted by police. The policed use the powers under Section 44 of the Terrorism Act 2000. These powers allow officers to stop individuals and search them without any grounds for suspicion.
This case was brought before ECHR as a result of Kevin Gillian and Pennie Quinton being stopped and searched randomly. Both in the High Court and the Court of Appeal, the two claims for discrimination were rejected. The courts went on to further state that such tactics are not illegal.
The ECHR however disagreed and held that the use of stop and searches in this manner was an “unlawful violation of an individual’s right to privacy and family life.” The ECHR went on to further state that it “would not allow ministers to make any further appeals in the future.”
The Director of Policy for the human rights group Liberty, Isabella Sankey stated, “The appeal was always doomed.”
“The objectionable policy of broad stop and search without suspicion was wrong in principle and has proven divisive and counter-productive in practice.” Ms Sankey also acknowledged that the governments’ Great Repeal Bill would be a “perfect opportunity” to scrap stop and search.
A Home Office spokesman said: “The government has already committed to reviewing counter terrorism legislation which will include the operation of Section 44 stop-and-search provisions.“
“We are currently giving full consideration to the judgment and its implications.” If you have been the victim of discrimination you could be entitled to a compensation claim. In order to assess your compensation needs you will have to contact a solicitor who would be able to process any compensation claims you may have.
Antonia Torr is a graduate from the University of Leicester, with a degree in Law with European Union Law. Having enjoyed writing from a young age, Antonia has received numerous awards that act as a testament to her quality of writing. Let us put you in touch with
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