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NLJ this week: what protection against unlawful stop & search?

03 September 2021
Issue: 7946 / Categories: Legal News , Criminal , Human rights
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Unlawful-stop-and-search
The options for injunctive relief against unlawful stop and search are narrow, Neil Parpworth, of Leicester De Montfort Law School, writes in this week’s NLJ

For some, stop and search is a regular occurrence, and can cause resentment towards the police as well as negatively impact the individual’s confidence.

Currently, the Home Office is seeking to expand police powers to allow what Parpworth refers to as ‘suspicionless’ stop and search, where officers can stop and search certain individuals without the need to reasonably suspect they are in possession of a knife or other dangerous weapon.

Should stop and search be unlawful, an individual can lodge a formal complaint or pursue a judicial review action. Parpworth looks at the latter option, exploring a recent case involving a black 24-year-old stopped and searched while driving his girlfriend’s BMW on three occasions. He concludes applications for injunctive relief are unlikely to be successful.

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