Scrapping section 44 is a relief to all
Liberty HQ is in upbeat mood following the home secretary's announcement that the use of stop-and-search powers against individuals without suspicion under section 44 of the Terrorism Act 2000 is to end. We have fought for overhaul of this extraordinarily broad power since it was first enacted a decade ago and our battle went all the way to the court of human rights. In January of this year, our landmark victory was a tribute to common values and common sense. The new home secretary has now begun to put that sound judgment into practice. Liberty's relief will be echoed around the country – dislike of section 44 runs deep and wide. Under these powers, police were allowed to stop and search anyone without any suspicion of wrongdoing. The blanket discretion left to individual officers created the conditions for black and Asian people to be between five and seven times more likely to be stopped than their white counterparts. There were also tragically ridiculous cases of children being subject to this anti-terror power . Photographers also despise section 44 for the frequency with which it was used to stop them while out on routine assignments photographing buildings or public events. Anyone who has engaged in peaceful protest will also welcome the news. The power was a blunt but irresistible tool for the harassment of lawful protestors. The alienating impact on those searched was bad enough, but there can be little doubt of the chilling effect on other people's desire to exercise their democratic right to express dissent. Perhaps unsurprisingly, given this litany of grievance, the police will also breathe easier from now on. To Liberty's knowledge, section 44 has never led to the apprehension of a terrorist yet it causes massive resentment that damages community relations and undermines intelligence gathering. Police themselves acknowledge this and some forces barely use it any more. Despite all this, the previous government resisted tightening or abandoning the power and fought on, even after losing in the court of human rights. The case arose when a journalist and peace protester were subjected to lengthy stop and search and prevented from attending a demonstration outside an arms fair in September 2003. Liberty's challenge revealed that the whole of Greater London had been secretly designated for stop and search without suspicion on a rolling basis since 2001. Well, hopefully no more. From now on, in order to make an anti-terror stop and search in the street, the police will need to hold a reasonable suspicion that you are up to no good. This change does nothing to erode our safety and everything to demonstrate that we may be on the road to better respect for privacy, protest rights and race equality.
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