Police will have to abandon a key power to stop and search suspects under terrorism laws after a European court ruled it illegal and rejected a Home Office appeal.

By Tom Whitehead, Home Affairs Editor Jul 02 2010

Under the Terrorism Act 2000, officers can stop and search anyone in a designated area without having to show reasonable suspicion.

But police have been accused of abusing the power, which resulted in more than 250,000 searches last year, in order to stop anyone, including protesters or photographers, under the guise of preventing terrorism.

In January, the European Court of European Rights ruled the tactic breached human rights because it intruded on an individual's privacy because police could stop them without even having to have suspicion.

At the time, Alan Johnson, the then Home Secretary, was said to be frustrated by the European decision because the power had been ruled legal by all the UK courts.

The Home Office appealed the ruling but the court has now rejected that and refused any future challenges, meaning the Government will have little option but to abandon the power.

It can remain in place for the time being as ministers are allowed a grace period to assess how the ruling is complied with.

Isabella Sankey, director of policy for Liberty, which supported the original court action, said: "This appeal was always doomed.

"The objectionable policy of broad stop and search without suspicion was wrong in principle and has proven divisive and counterproductive in practice.

"The Great Repeal Bill promised by the new Government provides the perfect opportunity for the UK finally to comply with this common sense judgment."

The original ruling followed a case brought by two Britons who were subject to the so-called Section 44 stops outside an arms fair in east London in 2003.

Kevin Gillan and Pennie Quinton were also awarded more than £30,000 compensation, which raised the prospect that police could now face further challenges from others who were stopped in the same way.

Mr Gillan and Miss Quinton were both searched on the same day in the area of the Defence Systems and Equipment International Exhibition at the Excel Centre in Docklands, but nothing incriminating was found.

The High Court and the Court of Appeal said such powers were legitimate given the risk of terrorism in London.

But the European judges disagreed.

They said the powers were "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 (right to respect private and family life) of the Convention."

In the wake of the ruling Miss Quinton said the ruling sent a strong
signal that the anti-terror laws need to be looked at again. while Mr Gillan said the laws "demonstrated some of the nastiest, most draconian sides of this Government and had to be challenged".

A Home Office spokesman said: "The Government has already committed to reviewing counter-terrorism legislation, which will include the operation of the Section 44 stop and search provisions.

"We are currently giving full consideration to the judgment and its implications."

Telegraph.co.uk