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PSNI 'stop and search' suspended

ANTI-terrorism stop and search powers used by the PSNI have been suspended.

The special powers under Section 44 of the Terrorism Act 2000, which allowed the PSNI to search people suspected of being involved in terrorist activity, will not be renewed.

Home Secretary Theresa May is expected to say on Thursday that she is suspending the use of the stop and search powers following a European Court ruling last week. Under this legislation, the Home Secretary

was able to authorise police to make random searches in certain circumstances.

Ulster Unionist MLA Basil McCrea said: "The timing of this announcement will come as something of a shock.

"People were not expecting it and some people will be alarmed, but the Police Board have been working on it for some time with the PSNI and we will be developing more appropriate strategies to deal with the threat."

Mr McCrea, who is chairman of the Policing Board's Human Rights Committee, said it will see "a significant reduction in the number of stop and searches".

"Obviously, in the current climate, there are certain police tactics that will have to be revisited.

"The Policing Board has been carrying out an in-depth review of the impact of Section 44 and whilst it concluded that the use of its powers was lawful, if used inappropriately they could be counter productive.

"The police will have to rely upon other legislation to protect the public from dissident republican attack.

However, this other legislation has more stringent conditions over its use.

"What is important, however, is that the police retain the powers to protect the public. I await with interest the Home Secretary's statement on the matter," said the MLA.

Last year, police tripled their use of stop and search following an increase in dissident republican attacks.

The legislation had been challenged by a journalist and an anti-war protestor who were stopped by officers near a London arms fair in 2003.

In Strasbourg in January, the European Court of Human Rights said the pair's rights under Article 8 of the European Convention on Human Rights had been violated.

It concluded that "the risks of the discriminatory use of the powers" were "a very real consideration".

Last week, the European Court of Human Rights decided the government could not appeal against the January ruling. The court has insisted it cannot be challenged on it.

A statement from the PSNI said: "The current Section 44 Terrorism Act 2000 authorisation for Northern Ireland expires on Wednesday 7th July 2010 and will not be renewed at this time. Stop and search, however, remains an essential tool in countering the terrorist threat on behalf of the public.

"We use stop and search powers differently in Northern Ireland to the rest of the UK both in terms of the proximity of the threat that we face and degree of targeted use that we make of them.

"We will continue to utilise available legislation in protection of the public and will do so in cooperation and consultation with the community we serve."


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