The Legality of 'Suspicionless' Stop and Search Powers under the European Convention on Human Rights
(2017) 17 Human Rights Law Review 523-44
19 Pages Posted: 30 Aug 2017
Date Written: June 9, 2016
Abstract
This article considers several recent decisions — Beghal v Director of Public Prosecutions, R(Miranda) v Secretary of State for the Home Department and R(Roberts) v Commissioner of Police of the Metropolis — which all concern stop and search powers that do not require reasonable suspicion. The article analyses these decisions, with a focus on the respective courts’ treatment of the lawfulness requirement under the European Convention on Human Rights.
Keywords: Stop and Search, 'Suspicionless' Powers, Terrorism, Schedule 7 Terrorism Act 2000 (UK), Section 60 Criminal Justice and Public Order Act 1994 (UK)
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