JP ECHR UK "stop and search powers" of police Flashcards
def stop and search powers
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
ECtHR intervention (why and JP)
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)
issues raised and courts responses
-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