Stop and Search Powers - Urgent Remedial Order
- Published 29th March 2011

Stop and Search Powers - Urgent Remedial Order
Hansard, the official report of Parliamentary proceedings, has reported the following statements by the Home Secretary :
26January 2011: ‘On the use of section 44 stop-and-search powers, I have concluded that the current provisions, which were found unlawful by the European Court of Human Rights, represented an unacceptable intrusion on an individual's human rights and must be repealed. But the evidence, particularly in Northern Ireland, has demonstrated that where there is a credible threat of an imminent terrorist attack, the absence of such powers might create a gap in the ability of the police to protect the public.
We therefore propose to repeal section 44 and to replace it with a tightly defined power that would allow a senior police officer to make an authorisation of much more limited scope and duration for no-suspicion stop-and-search powers to prevent a terrorist attack where there is a specific threat. This targeted measure will also prevent the misuse of these powers against photographers, which I know was a significant concern with the previous regime.’
17 Mar 2011: ‘The decision to make a remedial order means that the discredited, ineffective and unfair "no suspicion" stop and search powers provided by sections 44 to 47 of the Terrorism Act 2000 are, in effect, replaced by a much more targeted and proportionate power. The use of an urgent remedial order is a necessary and sensible step to ensure that the police have the necessary powers in place to continue to protect the public from a risk of terrorism.’
The Society welcomes these developments.
I again ask members to let The Society know if they are have a problem following an approach by a police officer. If such incidents occur, it is helpful for us to have an informed view when speaking to the authorities.
Rosemary Wilman HonFRPS
President











