Andrew Pelling

Stop and Search found to be overused

14 January 2010

European Court of Human Rights rules Section 44 of Terrorism Act illegal

Having been the subject of a Section 44 'Stop and Search' order myself (while taking photos of road works near East Croydon), I am pleased that the European Court of Human Rights has ruled that Section 44 of the Terrorism Act as applied is illegal.

I have tabled the following motion in support of the ruling. The latest version of the Motion, showing all those MPs to support if can be viewed HERE.

"That this House welcomes the European Court of Human Right's ruling that stop and search without suspicion, as exercised under section 44 of the Terrorism Act, is illegal under Clause 8 of the European Convention on Human Rights, the right to a private and family life; notes the comments of Lord Carlile, the Government's independent reviewer of anti-terrorist legislation, that the stop and search powers under section 44 are `being used far too often on a random basis without any reasoning behind their use'; further notes that individuals should not feel shackled by laws designed to ensure their safety and liberty, but recognises that a power to stop and search which does not infringe the rights of the individual is necessary in the defence of the realm; and believes that, while the Government undertakes its appeal, stop and search powers should be used with more discretion."

Picture courtesy of freefoto.com.