Stop and search powers in UK terrorism investigations : a limited judicial oversight?

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Lennon, Genevieve (2016) Stop and search powers in UK terrorism investigations : a limited judicial oversight? International Journal of Human Rights, 20 (5). pp. 634-648. ISSN 1744-053X (https://doi.org/10.1080/13642987.2016.1162410)

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Abstract

At the pre-trial stage of counter-terrorist investigations, an 'Anglo-Saxon' indulgence towards street-level policing powers has been brought to task by European human rights norms, especially privacy, which are exerting new forms of control over policing discretion and opening judicial oversight over traditional policing activity. This article examines these trends in relation to suspicionless counter-terrorist stop and search. While the European Court of Human Rights applied robust scrutiny in the case of Gillan v United Kingdom, in stark contrast to approach by the House of Lords, there exists a number of challenges which are threatening to weaken judicial scrutiny in this area. First, more recent European Court of Human Rights cases show a more indulgent stance being taken towards policing powers. Second, the precautionary nature of suspicionless counter-terrorist stop and search raises a number of difficulties in relation to effective oversight. In addition, it is a counter-terrorist measure of general application which have, to date, not been subjected to particularly rigorous scrutiny.

ORCID iDs

Lennon, Genevieve ORCID logoORCID: https://orcid.org/0000-0001-8275-5332;
  • Item type:Article
    ID code:53941
    Dates:
    Date
    Event
    3 July 2016
    Published
    27 April 2016
    Published Online
    20 February 2015
    Accepted
    Notes:This is an Accepted Manuscript of an article published by Taylor & Francis in The International Journal of Human Rights on 27 April 2016, available online: http://wwww.tandfonline.com/10.1080/13642987.2016.1162410
    Subjects:Law
    Department:Faculty of Humanities and Social Sciences (HaSS) > Strathclyde Law School > Law
    Depositing user: Pure Administrator
    Date deposited:07 Aug 2015 12:11
    Last modified:18 Dec 2024 01:17
    Related URLs:
    URI:https://strathprints.strath.ac.uk/id/eprint/53941
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