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

See all articles by John Ip

John Ip

University of Auckland - Faculty of Law

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)

Suggested Citation

Ip, John, The Legality of 'Suspicionless' Stop and Search Powers under the European Convention on Human Rights (June 9, 2016). (2017) 17 Human Rights Law Review 523-44, Available at SSRN: https://ssrn.com/abstract=3025113

John Ip (Contact Author)

University of Auckland - Faculty of Law ( email )

Private Bag 92019
Auckland Mail Centre
Auckland, 1142
New Zealand

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