Craig Mackey's letter to chief constables in full

To: all Chief Constables and Commissioners Dear Colleague Section 60 Criminal Justice and Public Order Act 1994 Since the successful challenge was made in the European Courts on the 'no suspicion' powers of Stop and Search contained within Section 44 Terrorism Act 2000, the potential for a similar scrutiny of Section 60 powers has always been anticipated. Together with colleagues working in the field of Stop and Search, I have taken every opportunity to alert the police service to this potential development. The purpose of this letter is to inform you that, today, permission has now been granted for a Judicial Review of the power, based on its incompatibility with the Human Rights Act. The date set for the next hearing is in October 2011. The case that has led to this action is based in London and I am working with colleagues from the MPS to ensure that the challenge is appropriately addressed. However, it is clear that the Review will examine the use of the power nationally. The Home Secretary has been made aware of the developments. At this time, however, the legislation is still in force and is still available for use in line with the guidance previously issued. I will ensure that you are kept updated around future developments in this regard. If there are any further details that you require in the meantime, please do not hesitate to contact my Staff Officer. Yours faithfully Craig Mackey Chief Constable, Cumbria Constabulary