Posts Tagged ‘Search Powers’

Teresa May, the Home Secretary, yesterday announced that Control Orders in their current form were to be scrapped and replaced with legislation that would be far more liberal and Civil Liberties friendly.

The detention period for suspects held under the Terrorism Act 2000 was 28 days without trial. under new guidelines the maximum detention without Trial is 14 days UNLESS it is in times of emergency then it can be extended. Under a technical legislative  device passed by the last government the detention period is 14 days with power to extend.

S44 of the Terrorism Act 2000 gave the police powers of “stop and search” Under changes a senior officer would need to give authorisation for no-suspicion stop-and-search. Please note this is NO SUSPICION stop and search. The police still have stop and search powers under Sect 1 (2) of the Police and Criminal Evidence Act which says in a nutshell: The main power, used on a daily basis by the police is contained in S1 PACE  It allows police officers to stop and search a person or vehicle for stolen or prohibited articles. The power can only be exercised if the officer has “reasonable grounds” for suspicion.

RIPA has come in for criticism for the way it has been used by Local Authorities to spy on individuals, for instance, to make sure they live in the catchment area for a certain school. Under new powers Local Authorities will need to go to a Magistrate to get authorisation to carry out a RIPA authorised surveillance. The only time they would not need a Magistrates authorisation is if it is the investigation of a serious crime.

RIPA is often quoted as being Counter terror Legislation. it never was nor was it designed as Counter Terror Legislation. It is in place to allow authorities named in the Act the authority to investigate crime where National Security, The Economic well being of the County and Public Safety are involved.

In many of todays papers it has been reported that the Government is to give teachers new powers to enable them to use force against unruly pupils and also give them extended search powers.

Another ploy.

Teachers already have the power to use force IN school. Its is everyones Common Law right to use force to protect themselves others and property. The Education Act mentions teachers using force including restrictive and pain compliance techniques in exceptional circumstances.

Teachers have greater powers of search than Security Officers and can search without parental consent and without the individuals consent if the believe weapons are being carried or concealed.

In all of this Article 2 of the Human Rights Act provides that there is a positive obligation to preserve life so by not defending themselves others and property and using their powers of search they could be in breach of the Human Rights Act.

Teachers won’t exercise these rights as they have not had training. The buck stops with the Education Minister and Local Education Authorities as they should tell schools to provide training for staff. This is a fundamental part of Section 2 of the Health and Safety at Work Act 1974 (employers must provide information training and supervision)

In deciding whether to train or not its a simple question that has to be answered. Is it reasonably foreseeable that at some stage teachers are going to be victims of violence (threatened abused or assaulted in circumstances relating to their work) the answer has to be yes. Training must be given to reduce risk.

Ironically teachers are not trained due to the belief that they cannot restrain or indeed use pain on children. But the payouts for injuries and law suits that local authorities face for NOT protecting the Health Safety and Welfare of Teachers far surpass the cost of training. Sent via BlackBerry® from BT

The European Court of Human Rights has rejected the UKs application to appeal its decision in a recent finding that Stop and Search powers used as part of Counter Terror legislation breached Human Rights.

The European Court held in Jan 10 that sect 44 of the Terrorism Act 2000 violates Article 8 of the Human Rights Act (right to privacy and family life)

This ruling which is now absolute has thrown Stop and Search into disarray and the Home Secretary has ordered an urgent review of the powers. Sent via BlackBerry® from BT

Well, here we are again at the debate over knife crime sentencing.

The Tories have called for 2 Years for anyone carrying. How will it work? Where will the prison places come from? And how will the Criminal Justice System cope?

We are in a very difficult place if we take this guideline literally. Currently a citizen is allowed to carry a blade as long as the cutting edge is 3 inches or less and the blade folds into the handle but doesn't lock.

If we look at the case of the Crown Court Judge who pulled out a small knife during a knife crime trial then under proposed plans he should have been locked up for 2 years? Our law is written in such a way that it is able to be interpreted and anyone can interpret the law.

The police will say that even if they discovered such a weapon the carrier would have to have reasonable excuse or lawful authority to be carrying. This obviously relies on the police stopping and searching and then finding a weapon. Realistically the only chance of being stopped and searched is late at night or in a high crime area or between the ages of 18-25. We don't see beat bobbies getting to know communities or the people within them. Only the police have stop and search powers so if its only the people who fall into the above groups who are likely to be stopped and searched how is a difference going to be made? The police do have a difficult job so its up to the politicians to stop posturing and increase police numbers and get bobbies back on the beat in communities winning trust and confidence. Let's have some Chief Constables who come out of their ivory towers every now and then and actually take pride in helping communities instead of meeting targets and deadlines. Yes it will be difficult but trust is earned and good communication skills and building rapport will show results.

Sent via BlackBerry® from BT

The ability of UK police to use counter-terror stop and search powers against peace protesters and photographers lay in tatters after a landmark ruling by the European court of human rights.

The Strasbourg court ruled it was unlawful for police to use the powers, under section 44 of the Terrorism Act 2000, to stop and search people without needing any grounds for suspicion.

The widely-drawn ruling said that not only the use of the counter-terror powers, but also the way they were authorised, were “neither sufficiently circumscribed, nor subject to adequate legal safeguards against abuse”.

The use of these powers has grown fourfold, from 33,177 times in 2004 to more than 117,200 in 2008.

The Metropolitan police have used them most, but 11 other forces in England and Wales also make routine use of them.