This article is from the source 'bbc' and was first published or seen on . It will not be checked again for changes.

You can find the current article at its original source at http://news.bbc.co.uk/go/rss/-/1/hi/northern_ireland/8471548.stm

The article has changed 2 times. There is an RSS feed of changes available.

Version 0 Version 1
Stop-and-search 'not alternative' Stop-and-search triples in a year
(about 1 hour later)
Section 44 stop-and-searches should not be seen as an easy alternative to traditional policing methods, a Policing Board report has said. Police tripled their use of stop-and-search in Northern Ireland last year, Policing Board figures have revealed.
This part of the Terrorism Act allows police to act without reasonable suspicion and was ruled illegal by the European Court of Human Rights. In 2008/9, the PSNI used the anti-terror legislation almost 10,000 times, compared to 3,234 incidents in 2007/8.
In NI it was used nearly 10,000 times last year, compared to 3,234 in 2007/8. Section 44 of the Terrorism Act, which allows police to act without reasonable suspicion, was last week ruled illegal by the European Court of Human Rights.
The Policing Board's Human Rights Report said officers should be fully briefed about the extent of the power. A NI Policing Board report has said it must not be seen as an easy alternative to traditional policing methods.
"The Section 44 authorisation should never be viewed as an easy alternative to the Police and Criminal Evidence (Pace) power; police officers should resist the temptation to resort to Section 44 because he or she need not have reasonable grounds for suspicion," it said. The rise in Section 44 searches in Northern Ireland followed an increase in dissident republican attacks.
Under Pace police must have grounds for suspicion to stop-and-search, but under Section 44 of the Terrorism Act police can be authorised to make random searches in certain circumstances. The board's Human Rights Report, published on Thursday, said officers should be fully briefed about the extent of the power and how it is to be used.
The rise in Section 44 searches followed an increase in dissident republican attacks. "The Section 44 authorisation should never be viewed as an easy alternative to the Police and Criminal Evidence (Pace) power; police officers should resist the temptation to resort to Section 44 because he or she need not have reasonable grounds for suspicion," the report stated.
Rights violated
Under Pace, police must have grounds for suspicion to stop-and-search, but under Section 44 of the Terrorism Act, the home secretary can authorise police officers to make random searches in certain circumstances.
The power is intrusive by its very nature and therefore police officers must be particularly mindful that it is exercised in a way that is lawful, proportionate and necessary to pursue a legitimate aim Policing Board reportThe power is intrusive by its very nature and therefore police officers must be particularly mindful that it is exercised in a way that is lawful, proportionate and necessary to pursue a legitimate aim Policing Board report
Human rights adviser Alyson Kirkpatrick will be reporting back to the board later about police use of Section 44 given the European Court's ruling that the right to respect for a private and family life was violated by a London case of stop-and-search. Human rights adviser Alyson Kirkpatrick will be reporting back to the board later about the PSNI's use of Section 44, given the European Court's ruling that the right to respect for a private and family life was violated by a case of stop-and-search in London.
"As the exercise of the power is predicated upon a lawful authorisation rather than reasonable suspicion, this is a marked departure from the long-established principle that a person could not have his or her freedom interfered with save where there was reasonable suspicion of a criminal offence," her dossier said."As the exercise of the power is predicated upon a lawful authorisation rather than reasonable suspicion, this is a marked departure from the long-established principle that a person could not have his or her freedom interfered with save where there was reasonable suspicion of a criminal offence," her dossier said.
'Heightened threat'
"The power is intrusive by its very nature and therefore police officers must be particularly mindful that it is exercised in a way that is lawful, proportionate and necessary to pursue a legitimate aim.""The power is intrusive by its very nature and therefore police officers must be particularly mindful that it is exercised in a way that is lawful, proportionate and necessary to pursue a legitimate aim."
It is designed to combat a heightened threat and must only be applied where justified, the National Policing Improvement Agency has said.It is designed to combat a heightened threat and must only be applied where justified, the National Policing Improvement Agency has said.
Thursday's report said all officers should be fully briefed about the extent of the power and how it is to be used. They should be reminded that other powers are available and may be appropriate. Thursday's report said all officers should be reminded that other powers are available and may be appropriate.
"A comprehensive understanding of the legal issues and the effect an exercise of power may have on the community is essential to ensure officers exercise the power in a proportionate manner," it added."A comprehensive understanding of the legal issues and the effect an exercise of power may have on the community is essential to ensure officers exercise the power in a proportionate manner," it added.
"For example, the Pace power should be used where there is a reasonable suspicion of the commission of an offence.""For example, the Pace power should be used where there is a reasonable suspicion of the commission of an offence."
Chairman of the board's human rights committee Basil McCrea said the police had expressed a willingness to engage with the board. Chairman of the board's human rights committee, Basil McCrea, said the PSNI had expressed a willingness to engage with the board.
"Whilst recognising the need for the police to have access to stop and search powers to assist their role, the public also need assurance that the police are fully accountable in their use of these powers," he said. "Whilst recognising the need for the police to have access to stop-and-search powers to assist their role, the public also need assurance that the police are fully accountable in their use of these powers," he said.