JP ECHR UK "stop and search powers" of police Flashcards

1
Q

def stop and search powers

A

gov by police and criminal evidence acte 1984 (PCEA)
-reasonable suspicion : officer must have reasonable grounds to suspect person carrying illegal articles
-specific powers : to stop and search without reasonable suspicion !under designated areas and specific circumstances

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2
Q

ECtHR intervention (why and JP)

A

abuse and discrimination
-racial profiling and disproportionate use against minority groups

JP Gillan and Quinton vs UK 2010
= ensure powers used in manner that complies art5 (right to liberty and security) and 8 ECHR (right to private life)

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2
Q

issues raised and courts responses

A

-discrimination
risk of discriminatory practices

->ensure a proprotionate use
least intrusive means

Gillan and Quinton v. United Kingdom 2010
ensure used in a manner that complies with Article 5 (right to liberty and security) and Article 8 (right to private life) of the ECHR

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