The reform of counterterrorism stop and search after Gillan v United Kingdom

Abstract

This article considers the reform of the power to stop and search originally conferred by Sections 44 to 47 of the Terrorism Act 2000 (UK). These Sections permitted executive branch actors to authorise police officers to stop and search vehicles and pedestrians without reasonable suspicion within a broad geographical area for up to twenty-eight days. In Gillan and Quinton v United Kingdom the European Court of Human Rights ruled that this stop and search power violated Article 8 of the European Convention on Human Rights. This precipitated a series of changes to counter-terrorism stop and search in the United Kingdom. This article details those changes, and considers whether they are sufficient to ensure compliance with the Gillan decision. The article also discusses the role that various political and legal institutions played in scrutinising the operation of this particular counter-terrorism power and how they contributed to its eventual reform. © The Author [2013]. Published by Oxford University Press. All rights reserved.