European Court of Human Rights Decision

Paul of the Woods Family made this Freedom of Information request to Merseyside Police

The request was successful.

From: Paul of the Woods Family

13 January 2010

Dear Merseyside Police,

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."

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.

http://cmiskp.echr.coe.int/tkp197/view.a...

Yours faithfully,

Paul of the Woods Family

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Merseyside Police

13 January 2010

Dear Mr Woods,

Reference No: SB05/10

Thank you for your application for information concerning Section 44 & Section 60 Stop/Search Powers. This will be
dealt with under the terms of the Freedom of Information Act 2000.

Your request will now be considered and you will receive a response within the statutory timescale of 20 working
days as defined by the Act, subject to the information not being exempt nor containing a reference to a third party.
In the event that we are not able to achieve this deadline you will be informed at the earliest opportunity and
given a revised time-scale.

There may be a fee payable for the retrieval, collation and provision of the information you have requested. If this
is the case you will be informed and the 20 working day timescale will be suspended until we receive payment from
you.

Some requests may also require either full or partial transfer to another public authority in order to answer your
query in the fullest possible way. Again, you will be informed if this is the case.

Yours sincerely,

Susie Blank
Disclosure Analyst

Information Bureau
Merseyside Police
PO Box 59, Liverpool. L69 1JD
Telephone: 0151 777 7019 Fax: 0151 777 7099
Email : [Merseyside Police request email]

============================================================
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.

If you have received this email in error please notify the sender as soon
as possible.

This footnote confirms that all reasonable steps have been taken to
ensure that this email message has been swept for the presence of
computer viruses.

The views expressed in this communication may not necessarily be the
views of Merseyside Police.

All communications, including telephone calls and electronic messages to
and from Merseyside Police may be subject to monitoring and recording.
============================================================

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Merseyside Police

27 January 2010


Attachment SB05 10 Response Table.doc
78K Download View as HTML

Attachment Complaints info.doc
23K Download View as HTML


FREEDOM OF INFORMATION REQUEST REFERENCE NO: SB05/10

Dear Mr Woods,

I write in connection with your request for information dated and received
by Merseyside Police on 13/01/10. I note you seek access to the following
information:

The use of Section 44 and Section 60 stop/search authorisations following
the European Court Ruling on 12/01/10 in relation to stop/search under
Section 44 of the Terrorism Act (2000).

Following receipt of your request searches were conducted within Merseyside
Police to locate information relevant to your request. I can confirm that
the information you have requested is NOT held by Merseyside Police.

Extent of searches to locate information
To locate the information relevant to your request searches were conducted
within the Strategic Development Department, Corporate Criminal Justice
Department, Legal Services Department & Legal Research Unit.

Result of searches
The searches located no records relevant to your request.

Decision
There is no information held therefore no information available to
disclose. However under Section 16 of the Act (the duty to advise and
assist), I have provided some additional information which may assist you.
Please see the response table below to view the information:

(See attached file: SB05-10 Response Table.doc)

Complaint Rights
Your attention is drawn to the attachment, which details your right of
complaint.

(See attached file: Complaints info.doc)

Should you have any further enquiries concerning this matter, please write
to me at the e-mail or postal address given below, quoting your reference
number above.

Yours sincerely

Susie Blank
Disclosure Analyst
Merseyside Police

Information Bureau
Information Access Unit
PO Box 59
Liverpool
L69 1JD
Tel: 0151 777 7019
Fax: 0151 777 7099
E-mail: [Merseyside Police request email]

============================================================
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.

If you have received this email in error please notify the sender as soon
as possible.

This footnote confirms that all reasonable steps have been taken to
ensure that this email message has been swept for the presence of
computer viruses.

The views expressed in this communication may not necessarily be the
views of Merseyside Police.

All communications, including telephone calls and electronic messages to
and from Merseyside Police may be subject to monitoring and recording.
============================================================

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