Terror Act stop and search illegal says Strasbourg

In a surprise decision, the judges said Section 44 of the Terrorism Act 2000 violated individual freedoms.

The judgment is a major blow to the Government and leaves a central plank of its anti-terror laws in tatters.

In a unanimous ruling, the court said use of the powers violated Article 8 of the European Convention on Human Rights which guarantees the right to private life against the power of the state.

Despite race not being an issue in the case, the judges pointed towards the disproportionate use of the powers against black and Asian people and warned of the dangers of discrimination.

Two Londoners, Kevin Gillan and Pennie Quinton, brought the case with the help of civil rights group Liberty. The pair were both stopped and questioned by police near an arms fair in Docklands, east London in 2003.

The UK courts ruled the measures were justified because of the threat from terrorism, but the Strasbourg court disagreed and handed them 30,000 to cover legal costs.

It said the powers were not "sufficiently circumscribed" and criticised the lack of "adequate legal safeguards against abuse".

The judgment said: "They were obliged to remain where they were and submit to the search and if they had refused they would have been liable to arrest, detention at a police station and criminal charges.

"This element of coercion is indicative of a deprivation of liberty.

"There is a clear risk of arbitrariness in the grant of such a broad discretion to the police officer.

"While the present cases do not concern black applicants or those of Asian origin, the risks of the discriminatory use of the powers against such persons is a very real consideration.

Home Secretary Alan Johnson said he was disappointed with the ruling and would appeal.

In the meantime police will continue to use the powers, he said.

But the Government's independent reviewer of terror legislation, Lord Carlile, said it could lead to parts of the Act being rewritten.

In 2008/9 more than a quarter of a million people were searched under the powers. The vast majority of searches took place in London, but only six in every thousand led to an arrest.

The powers allow officers to stop anyone in a specified area without the need for reasonable suspicion. From last year, the powers were limited to specific parts of London, including Westminster.