Stop and search deemed unlawful

BY Maxine Myers



ONE OF Britain’s top barrister’s Peter Herbert has welcomed a ruling by the European Court of Human Rights which has deemed that random stop and search is now illegal.

“For the first time the European Court has recognised that the police powers enshrined under section 44 of the anti terrorism act was wholly unlawful. We have long suspected that this has amounted to an abuse of police powers. It was used in ridiculous situations like children under 9 being searched,” he told The Voice.

The method of questioning people without valid reason has been used since its introduction under anti-terror laws in 2000.

However, judges at the Strasbourg court ruled that it violated the European Convention on Human Rights, which states that everyone has the right to respect for their private and family life.

Herbert, who is also a chair of the Society of Black Lawyers, believes the ruling will have a positive effect on the black community who are disproportionately affected by stop and search. Recent figures from the Justice Ministry indicate that the number of black people being stopped and searched under counter terrorism laws rose by 322 per cent.

“I think it would make it more difficult to stop and search people with a racial profile,” he said.

Despite the ruling the government plan to appeal according to home secretary Alan Johnson.

“Stop and search under section 44 of the Terrorism Act 2000 is an important tool in the ongoing fight against terrorism,” he said.

But Herbert disagrees with the Home Secretary stating that random stop and search was “ineffective”.

“The police themselves were confused about what it was designed to do. We were told that it was meant to disrupt terrorism activities, detect crime and reassure the public and it achieved none of these three objectives ever,” he said.

Herbert believes that the increased powers the police had led to more discrimination against black people.

“It was a power that was always going to inevitably lead to an increase in racism and it made a bad situation a lot worse.

“There are wide ranging powers of stop and search in existence already they don’t need additional powers they never have.”


Share