Recent Judicial Decisions
| DOI | 10.1350/pojo.2010.83.1.505 |
| Author | Damian Carney,David Wicks |
| Date | 01 March 2010 |
| Published date | 01 March 2010 |
| Subject Matter | Recent Judicial Decisions |
DAVID WICKS
Legal Correspondent
Email: dcw@3pumpcourt.com
DAMIAN CARNEY
Legal Correspondent
Email: Damian.Carney@port.ac.uk
RECENT JUDICIAL DECISIONS
Stop and Search
Gillan and Quinton v United Kingdom
European Court of Human Rights
12 January 2010
The European Court of Human Rights considered an applica-
tion by two individuals who were stopped and searched by
police officers under powers conferred by the Terrorism Act
2000. Both applicants alleged interference with their rights
under the European Convention on Human Rights (‘ECHR’)
and sought compensation for that interference.
Keywords: European Convention on Human Rights,
Articles 5, 8, 10 and 11; lawfulness; police powers; stop and
search; Terrorism Act 2000
The facts
Between 9 and 12 September 2003 an arms fair was held at the
Excel Centre in Docklands, East London. It attracted protests
and demonstrations. On the morning of 9 September, Gillan (the
First Applicant) was carrying a rucksack and riding a bicycle on
his way to join the demonstration when he was stopped and
searched by police officers under s. 44 of the Terrorism Act
2000. He was detained for about 20 minutes; and whilst nothing
incriminating was found, computer printouts giving information
about the demonstration were seized by the officers. Later the
same day, Quinton (the Second Applicant), a journalist, who was
wearing a photographer’s jacket, and carrying a small bag and a
camera, was searched by a female police officer under the same
provision of the 2000 Act. Again, nothing incriminating was
found. She was detained for about five minutes, and was also
told by the police officer to stop filming.
80 The Police Journal, Volume 83 (2010)
DOI: 10.1358/pojo.2010.83.1.505
To continue reading
Request your trial