Law and Rights
Updated 17th December
On Thursday 17th December, the Supreme Court will hand down judgment in R (Roberts) v Commissioner of Police of the Metropolis and another
The issue in the case is - Do stop and search powers under s.60 of the Criminal Justice and Public Order Act 1994 contain sufficient safeguards for the powers to be "in accordance with the law" for the purposes of arts.5 and 8 ECHR?
The appellant, a 38 year old black woman, was stopped by a bus inspector for failing to pay for her journey, and subsequently stopped and searched in the street by a police constable. Her bag was also searched. This took place in an area where a s.60 authorisation was in force (allowing for stop and search without any grounds for suspicion on the part of individual police officers).
As the Court of Appeal (Civil Division) noted
- [2014] EWCA Civ 69 - Section 60 of the Criminal Justice and Public Order Act 1994 was designed to provide police officers with additional powers to stop and search persons and vehicles for offensive weapons or dangerous instruments. Its unusual feature is that an officer exercising the power need not have grounds for suspecting that the person or vehicle is carrying weapons or articles of that kind. On this appeal, Ann Juliette Roberts is seeking to establish that section 60 offends Article 5 and/or Article 8 of the European Convention on Human Rights and Fundamental Freedoms.
The Court of Appeal ruled that section 60 was "in accordance with the law" for convention purposes.
Update: The Supreme Court ruled that section 60 is in accordance with the law. For the judgment see Supreme Court 17th December 2015.
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Law and Rights
Stop and Search ~ CJPOA 1994 section 60
On Thursday 17th December, the Supreme Court will hand down judgment in R (Roberts) v Commissioner of Police of the Metropolis and another
The issue in the case is - Do stop and search powers under s.60 of the Criminal Justice and Public Order Act 1994 contain sufficient safeguards for the powers to be "in accordance with the law" for the purposes of arts.5 and 8 ECHR?
The appellant, a 38 year old black woman, was stopped by a bus inspector for failing to pay for her journey, and subsequently stopped and searched in the street by a police constable. Her bag was also searched. This took place in an area where a s.60 authorisation was in force (allowing for stop and search without any grounds for suspicion on the part of individual police officers).
As the Court of Appeal (Civil Division) noted
- [2014] EWCA Civ 69 - Section 60 of the Criminal Justice and Public Order Act 1994 was designed to provide police officers with additional powers to stop and search persons and vehicles for offensive weapons or dangerous instruments. Its unusual feature is that an officer exercising the power need not have grounds for suspecting that the person or vehicle is carrying weapons or articles of that kind. On this appeal, Ann Juliette Roberts is seeking to establish that section 60 offends Article 5 and/or Article 8 of the European Convention on Human Rights and Fundamental Freedoms.
The Court of Appeal ruled that section 60 was "in accordance with the law" for convention purposes.
Update: The Supreme Court ruled that section 60 is in accordance with the law. For the judgment see Supreme Court 17th December 2015.
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It is now 6 years since the first post on this blog and I hope to continue observing some of the things happening within and to our law. It has certainly been an interesting 6 years and I am sure that much of interest lies ahead. The David Miranda...
- Stop And Search ~ Concerns Being Addressed
Updated 19th August Stop and Search powers: Parliament has - rightly - given the Police "stop and search" powers. As with any police power they must be exercised responsibly and lawfully. Lawful exercise includes avoidance of unlawful...
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The Guardian newspaper is continuing to publish details of the Guardian-London School of Economics study into the August 2011 disorder - see READING THE RIOTS. (Please also see Law and Lawyers - Monday 5th December). On Monday...
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The United Kingdom has very extensive "anti-terrorism" legislation. The modern history of this perhaps begins with the enactment - over just two days in November 1974 - of the Prevention of Terrorism (Temporary Provisions) Act 1974. This was...
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The tide keeps 'em out !In Semayne?s case (1604) 5 Co Rep at 91b ? it was stated that ?The house of everyone is to him as his castle and fortress.? In 1767, William Pitt stated that - ?The poorest man may in his cottage bid defiance to all the forces...