Theresa May has just made a statement to the House.
She has stated that she will not allow the continued use of Stop and Search powers contrary to law and ("more importantly") civil liberties, in the face of our Government's drubbing on section 44 in the European Court. She has issued new guidance to the police for stop and search:
- The requirement for a search to be "expedient" becomes a requirement that it be "necessary" (this one, I think, is pretty thin: "necessity" is or can be a nebulous term in the hands of those who wish to use powers)
- Suspicion is required for a search. Officers must "reasonably suspect" people of an offence before stopping and searching them - so searches must now be conducted under section 43, not section 44 (which will continue to be used for searching vehicles, but not individuals).
These guidelines will last until the conclusion of the Government's review of stop and search. They are better than the status quo, but I do not think that such a review is necessary. The last Government’s random stop and search powers systematically abused privacy and freedom, as the European Court made clear, twice.
Random stop and search should be ruled out altogether, not left hanging on an unnecessary review.
