The claimant asserted that the provisions of section 60 of the 1994 Act, which allowed personal searches by police officers where no suspicion of misbehaviour was present, infringed her rights under Article 8 of the Convention.
Held: The claimant’s appeal failed. There was no deprivation of liberty within the meaning of article 5, and nor was the use of the power discriminatory on the grounds of race. There had been an interference with the right to respect for Mrs Roberts’ private life in article 8, but that this remained ‘in accordance with the law’ and was not unlawful.
Judges:
Maurice Kay VP CACD, Rafferty, Macur LJJ
Citations:
[2014] EWCA Civ 69, [2014] 1 WLR 3299, [2014] WLR(D) 50, [2014] HRLR 5, [2014] 2 Cr App R 6
Links:
Statutes:
Criminal Justice and Public Order Act 1994 60, European Convention on Human Rights
Jurisdiction:
England and Wales
Citing:
Appeal from – Roberts, Regina (on The Application of) v The Commissioner of The Metropolitan Police Admn 17-Jul-2012
The claimant challenged the legality of section 60 of the 1994 Act as an interference in her article 8 rights. She had been caught on a bus without her fare and gave a false name and address. A direction had been given authorising any person to be . .
Cited by:
Appeal from – Roberts, Regina (on the application of) v Commissioner of Police of the Metropolis and another SC 17-Dec-2015
The Court considered the validity of suspicionless stop and search activities under s 60 of the 1994 Act, by police officers.
Held: The claimant’s appeal failed. The safeguards attending the use of the s 60 power, and in particular the . .
Lists of cited by and citing cases may be incomplete.
Police, Human Rights
Updated: 23 May 2022; Ref: scu.521049
