Saturday 5 March 2011

Criminal Law - Changing the PACE



March sees more changes happening to criminal law specifically the police powers outlined under ss44-47 of the Terrorism Act 2000.

In the Strasbourg court, the case of Gillan and Quintin v UK has established that the stop and search powers of the Terrorism Act under ss44-47 contradict Convention law. Therefore, there have been slight changes to code A, B and D in PACE.

Additionally, it will be at the discretion of the police and local communities as whether stop and search records shall be continued to be used in certain areas. I am weary of the discretion as if stop and search is recorded, this could lead to the ultra vires of the police and there will be no evidence or proof of any injustice.

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