Police investigated over stop and search of man and children under terror law

IPCC will manage Met inquiry into two London officers who searched a man and two young children under the Terrorism Act.

Paul Lewis

Two police officers are under investigation after using anti-terror stop-and-search powers against a man and two young children in a south London street.

The 43-year-old man had his mobile phones, USB sticks and a CD seized by the officers, who were in plain clothes, and was asked to stand in front of a CCTV camera in order to have his photograph taken. The undercover Metropolitan police officers also took the man's photograph with their own camera and searched the two children he was walking with – his 11-year-old daughter and his neighbour's daughter, aged six.

The Independent Police Complaints Commission (IPCC) said todayit would "manage" the investigation into the incident in July, meaning that an independent investigator will control the inquiry conducted by the Met's Directorate of Professional Standards.

It is unusual for the IPCC to manage an investigation into an incident of this kind, and the decision comes amid mounting concern over police use of stop-and-search and surveillance powers. The commission has received dozens of complaints relating to the use of stop-and-search powers, but the nature of this complaint is understood to have concerned investigators.

In a statement today, the IPCC said: "The complainant states that, when he asked under what legislation his property was being seized, he was told it was under section 44 of the Terrorism Act 2000. He also complained that he was given no information as to when he could retrieve his goods or who to contact in order to do so, and that there was no communication from police despite assurances that he would be told when he could collect his things."

The Met's complaints bureau is known to have received a number of complaints relating to alleged misuse of anti-terror powers. Two months ago, Gemma Atkinson, 27, a film-maker from London, said she would challenge the Met at the high court after she claimed she was handcuffed, detained and threatened with arrest for filming officers on her mobile phone.

Lawyers for Atkinson said the Met's complaints bureau has been slow to respond to their complaints. Atkinson was detained at Aldgate underground station one month after Section 58(a) – a controversial amendment to the Terrorism Act – came into force, making it illegal to photograph a police officer if the images are considered "likely to be useful" to a terrorist.

Speaking about the case of the 43-year-old man, the IPCC commissioner, Mike Franklin, who leads on the issue of stop and search, said: "The use of section 44 stop-and-search powers is a very sensitive issue and it is right that complaints of this nature are taken very seriously. It is particularly worrying that two young children were allegedly searched in this way. This investigation will look at whether the use of these powers in this case was lawful, reasonable and correctly carried out."

http://www.guardian.co.uk/uk/2009/sep/10/police-stop-search-terror-...

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