My request is with regard to the recent ECHR decision that to Stop and Search someone without reasonable suspicion under statutes such as Section 44 of the terrorism Act is illegal and not in accordance with the law and is a violation of Article 8 of the Human Rights Act.

"In the absence of any obligation on the part of the officer to show a reasonable suspicion, it is likely to be difficult if not impossible to prove that the power was improperly exercised.

In conclusion, the Court considers that the powers of authorisation and confirmation as well as those of stop and search under sections 44 and 45 of the 2000 Act are neither sufficiently circumscribed nor subject to adequate legal safeguards against abuse. They are not, therefore, “in accordance with the law” and it follows that there has been a violation of Article 8 of the Convention."

REQUEST

RESPONSE

ADDITIONAL INFORMATION

In light of this, will Merseyside Police continue to use Section 44 and Section 60 authorisations? Considering that this could leave Police Officers open to criminal proceedings against them.

No Information Held

Please see the link below to the Association of Chief Police Officer's (ACPO) website in respect of the use of Section 44 authorisations following the ruling:

http://www.acpo.police.uk/pressrelease.asp?PR_GUID={5B35254F-BA63-402E-90B8-AB195B2216BF}

Section 60 authorisations will continue to be used as appropriate.