Abstract

Unlike many other statutory stop and search powers, s. 60 of the Criminal Justice and Public Order Act 1994 allows for suspicionless searches in certain circumstances. Although originally intended for use in relation to football-related violence, the power has often been exercised in connection with knife crime and gang violence. Despite controversy surrounding its use, the s. 60 power has rarely featured in legal proceedings. Accordingly, this article considers a legal challenge brought against the power which has now been heard in the Divisional Court, the Court of Appeal and the Supreme Court. The unanimous view of each court that s. 60 is compatible with the ECHR is significant. However, it need not necessarily be the last judicial word on the matter.

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