Cases

Gillan & Quinton v UK

Facts

Both applicants had been stopped and searched near an arms fair under s.44 of the Terrorism Act 2000 for articles which could be used in connection with terrorism. Nothing incriminating was found on either applicant. Both applicants complained to the courts but the High Court and Court of Appeal ruled that the exercised of the powers by the police were legitimate given the nature of the terrorist threat against the UK. The applicants’ appeals were unanimously dismissed by the House of Lords.

Under the 2000 Act a senior police officer may issue an authorisation if he or she considered it “expedient for the prevention of acts of terrorism”. The search can be carried out by a constable in a public place regardless of whether he or she has any grounds for suspicion.

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