Senior cop questions terrorism stop-and-search

The BBC reports that,

The UK’s senior counter terrorism police officer has questioned the value of stop-and-search powers.

Andy Hayman, the Metropolitan Police’s assistant commissioner responsible for anti-terror probes, said few arrests or charges arose from such searches. [under s44 Terrorism Act 2000]

“It is very unlikely that a terrorist is going to be carrying bomb-making equipment around… in the street,” he told a London police authority hearing.

It was “a big price to pay” given some people feel unfairly targeted, he said.

…

Mr Hayman said the powers were well intended, “to try and prevent, deter and disrupt terrorist activity”.

He added: “But we have to question the way we use a power that causes so much pain to the community we serve but results in so few arrests or charges. Is it worth it?”

…

In a press statement, Toby Harris, MPA member with special responsibilities for counter-terrorism, said: “The very clear message from Londoners through the MPA counter-terrorism hearings has been that there is real unease over the disproportionate and inconsistent use of this power.”

You can view the statistics for 2004/5 in a document (668Kb PDF) available from the Home Office website. In summary:

• there were 21,142 searches of vehicle occupants under s44(1), leading to 35 arrests in connection with terrorism and 240 arrests under other legislation (i.e. 1.3% of searches led to arrests); and,
• there were 10,941 searches of pedestrians under s44(2), leading to 24 arrests in connection with terrorism and 112 under other legislation (i.e. 1.2% of searches led to arrests).

I’m not sure what proportion of stops and searches ’should’ result in an arrest but, in comparison, 11% of searches under PACE resulted in an arrest.Some statistics for arrests and charges under the Act, from 11 September 2001 until 30 September 2005, are also available from the Home Office website. Roughly half were released without charge.

People who have been stopped and searched under s44 include:

• Walter Wolfgang, a heckler at the Labour Party conference (see also Sussex Police), was just ’stopped’;
• Mark Wallace, a campaigner against ID cards at the Labour Party conference (426 people were stopped under section 44 and none was charged or convicted);
• John Catt, stopped for “carrying plackard [sic] and T-shirt with anti-Blair info”, the purpose of the stop and search was stated as “terrorism”;
• David Mery, because they found his behaviour suspicious.

But s45 says,

45. – (1) The power conferred by an authorisation under section 44(1) or (2)-

(a) may be exercised only for the purpose of searching for articles of a kind which could be used in connection with terrorism, and
(b) may be exercised whether or not the constable has grounds for suspecting the presence of articles of that kind.

I have to wonder if the police really believe that hecklers and protestors would be carrying articles that could be used in connection with terrorism.

Liberty has published guidance on what you may do in the event of being subjected to a stop and search under s44.