What is Section 44?

Section 44 of the Terrorism Act 2000 allows the police to stop and search anyone in a specific area.
 
Before Section 44, the police could only stop and search individuals if they had 'reasonable grounds' for suspicion and certain criteria were met. That is no longer necessary, and we have seen Section 44 powers used against anti-war, anti-weapons and anti-capitalist protestors. 


Why is Section 44 a problem?
 
The power to stop and search under anti-terrorism powers should only be used when there is evidence of a specific terrorist threat. It should not be simply an addition to the day to day powers of officers policing protests.

Ministry of Justice statistics showed that in 2008 there was a three-fold increase in the use of the power, but fewer than 0.1% of those stopped were arrested for terrorism offences (let alone charged or convicted).

Even more worryingly, the statistics also reveal that if you are black or Asian, you are around four times more likely to be stopped than if you are white. It is not difficult to see how this level of misuse is undermining public trust in the police. 


What is happening now?

On 12 January 2010 Liberty won a landmark legal case on Section 44.

In Gillan and Quinton v the United Kingdom, the European Court of Human Rights ruled that Section 44 violates the right to respect for private life guaranteed by Article 8 of the Convention on Human Rights. This is because the power is so broad that it fails to provide safeguards against abuse.

Find out more about the case in the press release below.

Despite the ruling of the European Court of Human Rights, Section 44 will remain in place until it is amended by Parliament.

Liberty will be pressing the Government to amend the law as a matter of urgency.

Find out more about how the amendments would change the law in the press release below or read our detailed policy briefing.


UPDATE 

On 8 July 2010 the Home Secretary announced the suspension of the broad stop and search powers found in section 44 of the Terrorism Act 2000.

For more information please see this press release.