HOME

TheInfoList



OR:

''Gillan and Quinton v United Kingdom'' was a decision by the
European Court of Human Rights The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a ...
that ruled that the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
's stop and search powers without reasonable suspicion under the
Terrorism Act 2000 The Terrorism Act 2000 (c.11) is the first of a number of general Terrorism Acts passed by the Parliament of the United Kingdom. It superseded and repealed the Prevention of Terrorism (Temporary Provisions) Act 1989 and the Northern Ireland (Emer ...
were a violation of the right to privacy. The Court held that "the powers of authorisation and confirmation as well as those of stop and search under sections 44 and 45 of the 2000 Act are neither sufficiently circumscribed nor subject to adequate legal safeguards against abuse. They are not, therefore, 'in accordance with the law' and it follows that there has been a violation of Article 8 of the Convention."


References


Gillan and Quinton v. United Kingdom - 4158/05
010ECHR 28 (12 January 2010) European Court of Human Rights cases involving the United Kingdom United Kingdom privacy case law 2010 in United Kingdom case law {{UK-law-stub