Suspicionless stop and search: lessons from the Netherlands

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Abstract

Compares the European Court of Human Rights judgments in Gillan v United Kingdom (4158/05) and Colon v Netherlands (49458/06) which both considered whether police searches conducted in authorised areas for articles connected with terrorist attacks or violent crime, but without specific suspicions against the persons being searched, breached the European Convention on Human Rights 1950 art.8 or were prescribed by law. Considers the implications of the Colon ruling for the validity of the suspicionless stop and search power provided by the Criminal Justice and Public Order Act 1994 s.60.
Original languageEnglish
Pages (from-to)978-982
Number of pages5
JournalCriminal Law Review - London
Volume2013
Issue number12
Publication statusPublished - 2013

Keywords

  • police powers and duties
  • stop and search
  • terrorism
  • right to respect for private and family life
  • prescribed by law
  • suspicion

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