The Home Secretary announced on 26 January the findings from the review of counter-terrorism and security powers. One of the recommendations of the review was that stop and search powers under sections 44-47 of the Terrorism Act 2000 should be repealed and replaced with a much more limited power.
This recommendation was based on the Government’s commitments to introduce safeguards against the misuse of terrorism legislation, and in order to bring the powers into line with the European Convention of Human Rights, following the European Court of Human Rights ruling in the case of Gillan and Quinton v United Kingdom.
The recommendation is being implemented by provisions in the Protection of Freedoms Bill which was introduced to Parliament on 11 February. The review also recommended that consideration be given to whether the new counter-terrorism stop and search powers should be available more quickly than the Protection of Freedoms Bill would allow. On 1 March 2011 the Home Secretary announced that she had concluded that the police do need the powers more quickly than the Bill would allow.
The Home Secretary has therefore made a “remedial order” under section 10 of the Human Rights Act 1998 to make immediate changes to the legislation. The new powers contained in that order are supported by a robust statutory Code of Practice.
The remedial order replaces sections 44 to 47 of the Terrorism Act 2000 with a more targeted and proportionate power. The provisions in the order will cease to have effect on the coming into force of the similar provisions in the Protection of Freedoms Bill - in other words, the order makes temporary provision while the Protection of Freedoms Bill is being taken through Parliament. The order will come into force on 18 March.
The following documents are available to download below:
- Terrorism Act 2000 (Remedial) Order 2011
- Code of Practice
- Explanatory Memorandum to the Order
- Equality Impact Assessment
Date: Thu Mar 17 12:34:05 GMT 2011