School of Law

Policing counter-terrorist risk: stop and search under section 44 of the Terrorism Act 2000

Completion Date: 01 September 2010

This PhD asseses the use and impact of stop and search under section 44 of the Terrorism Act 2000 against the normative principles of human rights, accountability and utility, the latter judged in terms of effectiveness and efficiency against the Government's self-set standards and objectives as detailed in the CONTEST strategy.

Section 44, a widely used and central counter-terrorist policing power, is contenious due to the absence of any requirement of reasonable suspicion. Stop and search powers have long contributed to fractious community/police relations, which could be highly detrimental in terms of counter-terrorism, affecting the flow of intelligence from the community to the police. 

Concerns have been voiced that section 44 is being used excessively and inconsistently; however, to date the only literature on the subject are doctrinal case reviews. This research addresses that gap, using multiple methodologies, to establish: what the law in relation to section 44 ought to be, in a doctrinal sense; how it is in fact practised, and why; and, how this practice impacts upon the public.

The latter questions will be addressed primarily through empirical study, using semi-structured qualitative interviews with sample groups from the police, the 'community' and national stakeholders.