Jul 08, 2010 mr speaker, i would like to make a statement on stop and search powers under section 44 of the terrorism act 2000. Both amateur and professional photographers are being increasingly impeded as part of a broader struggle over the control of public space on 12 january 2010, the european court of human rights echr ruled that section 44 of the terrorism act 2000 breaches privacy rights afforded by article 8 of the convention on human rights. You will know that section 44 terrorism act 2000 section 44 provided a power exercised. Section 44 is depicted as a vital tool to disrupt and prevent acts of terrorism. Sep, 2018 the other police powers under the terrorism act 2000 section uses data provided by mps and the national counter terrorism policing headquarters nctphq, and includes statistics on. Section 44 of the terrorism act 2000 gave police officers certain additional powers of stop and search, which have since lead to complaints of mistreatment by both press and citizen journalists. Liberty evidence to the jchr on replacement power to stop and. A social systems approach to understanding the racial effect of the. In 201011, 21 42% of the 50 persons arrested under section 41 of the terrorism act 2000 tact were held in precharge detention for less than a day. Jul 08, 2010 last month, the european court of human rights ruled the power to search people without suspicion under section 44 of the terrorism act 2000 was illegal. Feb 18, 2016 section 44 which, despite the efforts of some police forces, has proved structurally unsuited to reform. Stop and search powers under the terrorism act 2000 section. Assent 31st december, 2004 commencement 31st december, 2004 1.
I am changing the guidance on section 44, but other stopandsearch powers are still available to police. As discussed above, since 18 march 2011 section 44 has been treated as repealed. Jul 05, 2020 immediately after taking custody of a person suspected of committing terrorism or any member of a group of persons, organization or association proscribed under section 26 hereof, the law enforcement agent or military personnel shall notify in writing the judge of the court nearest the place of apprehension or arrest of the following facts. United kingdom, footnote 1 the uk government suspended and, through section 59 of the protection of freedoms act 2012, footnote 2 later repealed, the suspicionless stop and search powers in section 44 of the terrorism act 2000 s. A social systems approach to understanding the racial effect. The pwer under section 12lc to arrest a person reasonably suspected to be subject to an exclusion. Mar 17, 2011 terrorism act 2000 remedial order 2011 pdf file 148kb. There are currently no known outstanding effects for the anti terrorism, crime and security act 2001, section 44. Section 44 stop and search powers restricted opendemocracy. The terrorism prevention act, 2011 in this act referred to as the principal act isamended as setout inthis act. On wednesday last week, the european court of human rights ruled that its. Text created by the government department responsible for the subject matter of the act to explain what the act sets out to achieve and to make the act accessible to readers who are not legally qualified. Explanatory notes were introduced in 1999 and accompany all public acts except appropriation, consolidated fund, finance and consolidation acts. Such powers, such as section 43 of the terrorism act 2000, are themselves imperfect.
Runnymede trust counterterrorism policing and section 44. The extent of police training related to terrorism stop and search powers could be marginally reduced as the police will not be able to use section 43b in the same highvolume way as they did for section 44. According to section lof the act terrorism may include the use of threat made for the purpose of advancing a political, religious or ideological cause. Stop and search under the terrorism act 2000 justice. Jul 09, 2010 l iberty hq is in upbeat mood following the home secretarys announcement that the use of stopandsearch powers against individuals without suspicion under section 44 of the terrorism act 2000 is. Prevention of terrorism temporary provisions act 1984. A senior police officer must make an authorisation in relation to a specified area or place.
Jul 08, 2010 the home secretary theresa may has announced that powers under section 44 of the terrorism act, which allow police to stop and search individuals without reasonable grounds for suspicion, are. Home office, office for security and counterterrorism. Role of parliamentary rhetoric in facilitating the racial. The metropolitan police service mps has undertaken work in relation to a request for information under the freedom of information act concerning authorisations for the section 44 stop and search powers.
The powers it provides the police have been controversial, leading to noted cases of alleged abuse, and to legal challenges in british and european courts. Report on the operation in 2009 of the terrorism act 2000. The terrorism act 2000 came into force on 19 february 2001. However, section 451b explicitly states that the search power may be exercised, whether or not the constable has grounds for suspecting the presence of articles of that. Scrapping section 44 is a relief to all uk civil liberties. This act, which amends the anti terrorism act, 2018 no. Oct 26, 2016 this thesis examines the role, use and impact of stop and search under the terrorism act 2000, section 44 by combining doctrinal and empirical methods, drawing upon close legal analysis of the relevant legislation, jurisprudence and secondary sources intertwined with data from fortytwo semistructured interviews, carried out with police officers, community representatives and stakeholders. Terrorism act 2000 section 44 searches and photographers. The terrorism act 2000 is the first of a number of general terrorism acts passed by the parliament of the united kingdom. Section 44 gives senior police officers the power to create authorisation zones in designated. The court found that the powers gave rise to a clear risk of arbitrariness and that the discriminatory use of the powers. It has been replaced with a new section 47a by the terrorism act 2000 remedial order 2011. Operation of police powers under the terrorism act 2000 and. Police stop and searches terrorism act 20022011 statistic.
The police are using section 44 powers to stop and search people for reasons. Jul 08, 2010 the statement relates to the terrorism act 2000, particularly section 44, although other sections are part of the change. Photographers rights and the law in the uk section 44 and. Section 44 tact legislation section 44 of the terrorism act 2000 as amended the terrorism act 2006 describes the procedure whereby a constable is authorised to stop and search persons and vehicles in order to prevent acts of terrorism. Training will, though, still be required and it will be important that it is of high quality. Section 47a of the terrorism act was introduced following the repeal of section 44 on 18 march 2011. The terrorist prisoners section uses data from her majestys prison and. Britainazs approach to balancing counterterrorism laws. It superseded and repealed the prevention of terrorism act 1989 and the northern ireland act 1996. Amendment of section 2 of the principal act section 2 of the principal act is amended by the insertion in the appropriate alphabetical order of the following new definitions designated person or entity means a. Terrorism stop and search powers section 44 of the terrorism act 2000. This power allows the police to exercise stop and searches when there is reasonable. Come to that, how did they get the idea that they could stop andor search someone under section 44 of the terrorism act 2000, when the relevant section of the police reform act 2002 schedule 4, part 1, section 152 plainly states that they can only do so when accompanied and supervised by a policeman. Commander within the metropolitan police service mps.
Section 43 of the terrorism act 2000 under section 43 of the terrorism act 2000, police have the power to stop and. Section 44 terrorism act and photography adverse media coverage of the police service use of section 44 powers, when dealing with issues relating to photography, have recently hit the headlines again and suggests that officers continue to misuse the legislation that is available to them. Terrorism act 2000 section 44 thursday 8 july 2010. Operation of police powers under the terrorism act 2000. Section 452 terrorism act 2000 authorises the seizure and retention of articles discovered in the course of a search under section 44 1 or 2 which the constable or pcso reasonably suspects are intended to be used in connection with terrorism. Answer the decision has been taken not to supply the information you have requested. The powers are initiated by the issue of an authorisation. The commission has a particular interest in the operation of uk government anti terrorism measures because of the experiences associated with the conflict in northern ireland and, in particular, the use of emergency legislation that applied in northern ireland for over 70 years.
The exemptions, as well as the factors considered when deciding where the public interest lies, are listed below. Section 1ofthe principal act isamended byamendment of section j. Impac assessment ia terrorism stop and search powers. This statistic shows the amount of stop and searches carried out by the police in england and wales under section 4447a of the terrorism act. Basia spalek university of birmingham since their inception, section 44 stop and search powers within the terrorism act 2000 have generated considerable controversy, as evidenced by the wide range of criticisms that have come from diverse contexts, including from within policy, civil liberties, policing and community circles. The stopandsearch powers under section 44 of the act have been r. Changes to legislation revised legislation carried on this site may not be fully up to date. Section 441 stop and search section 44 gives officers no specific powers in relation to photography and there is no provision in law for the confiscation of equipment or the destruction of images, either digital or on film.
Arrests of persons of white ethnic appearance accounted for 44% of. Section 44 stops and searches are damaging community relations, and undermining confidence in the police, especially in london where most. It would be far better for police to attempt to combat terrorism using stop and search powers that require reasonable suspicion. The purpose of section 44 is to enable police to carry out socalled intuitive search for items of a kind which could be used in connection with terrorism. Under the new provisions, searches can only be carried out as follows.
1185 903 412 137 1206 50 1444 277 1380 1002 991 1325 308 1342 271 1495 868 1464 645 1458 496 1186