Section 44 of the Terrorism Act 2000

[KALKI]

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.


What you can do

Help us campaign for Section 44 to be amended by telling us about your experiences. If you have been searched under Section 44, please complete this monitoring form and send it to us by post or email.

Court of Human Rights rejects UK Government appeal over Section 44 stop and search powers

Today the European Court of Human Rights confirmed it has rejected the British government’s final appeal over section 44 stop and search powers.
30.06.2010

Liberty renews calls for urgent overhaul as thousands are illegally stopped and searched

An internal review by the Office for Security and Counter Terrorism revealed that thousands of people have been illegally stopped and searched under section 44 of the Terrorism Act.

10.06.2010

Liberty wins landmark stop and search case in Court of Human Rights
Today the Court of Human Rights ruled that section 44 of the Terrorism Act 2000 (the broad police power for stop and search without suspicion) violates the right to respect for private life guaranteed by Article 8 of the Convention on Human Rights.

12.01.2010