ChildRIGHT: Children's rights -- Use of stop and search powers on children

The European Court of Human Rights has recently ruled that police powers to stop and search people under Section 44 (s. 44) of the Terrorism Act 2000 is a violation of the right to privacy, contained in Article 8 of the European Convention on Human Rights. The decision, Gillan and Quinton v the United Kingdom (ECHR 4158/05, 12 January 2010), could have a major impact on the government's counter-terrorism policy and practices, including on the use of stop and search powers on children.

The Terrorism Act 2000 was introduced to modernise and strengthen counter-terrorism laws. Section 44 of the act gives any constable in uniform the power to stop and conduct a search of any vehicle, driver or passenger; and any pedestrian or anything carried by a pedestrian. The power must be exercised only for the purpose of searching for items used in connection with terrorism (s. 45). The use of the power has been contentious as a police officer is not required to have any degree of suspicion that the person is actually carrying such items, unlike other police stop and search powers.