MPS statement re Section 44 of the Terrorism Act 2000

The European Court of Human Rights today (Tuesday, 12 January) ruled that Section 44 of the Terrorism Act 2000 contravenes the European Convention on Human Rights.

However the Home Secretary Alan Johnson this afternoon said that the government is seeking to appeal against the decision.

As a result of the government decision to seek to appeal the ruling and following legal advice the current authorisation to use Section 44 of the Terrorism Act 2000 remains in force in specified locations across London.

Officers have been reminded of previous guidance published on the use of powers to stop and search under the Terrorism Act 2000.

The use of stop and search powers under Sections 43 and 44 of the Terrorism Act 2000 remains an important tactic in our counter terrorism strategy.

The threat remains real and serious, and stop and search can deter and disrupt terrorist activity and create a hostile environment for terrorists. Protecting the public remains our priority.

However, in order to ensure that the use of Section 44 is as operationally effective as possible, and recognising the sensitivity and concerns about its use, use of the power has been subject to regular analysis and evaluation by the MPS.

As a result, refined tactics were introduced across the Met in July 2009. This means that Section 44 powers are now only deployed at pre-identified significant locations, such as iconic sites and crowded places, and when specific operations have been agreed for specific areas.

These locations have been identified by boroughs in consultation with their local communities as part of the ongoing process to refine our use of the power."

Source: Metropolitian Police

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