Thursday, December 14, 2006

I am terror

Thought I would have a quick look at the Terrorism Act...given I was searched under it!

Wikipedia has a thingy on the Act here so go have a read if you want to know more about it.

Section 44 is the part I was stopped and searched under (I think it may be the same act and section that I was stopped and searched under in Aylesbury when I was then given a caution for possession of cannabis).

here is a transcript of Sections 44 and 45:


Power to stop and search
Authorisations. 44. - (1) An authorisation under this subsection authorises any constable in uniform to stop a vehicle in an area or at a place specified in the authorisation and to search-
    (a) the vehicle;
    (b) the driver of the vehicle;
    (c) a passenger in the vehicle;
    (d) anything in or on the vehicle or carried by the driver or a passenger.
(2) An authorisation under this subsection authorises any constable in uniform to stop a pedestrian in an area or at a place specified in the authorisation and to search-
    (a) the pedestrian;
    (b) anything carried by him.
(3) An authorisation under subsection (1) or (2) may be given only if the person giving it considers it expedient for the prevention of acts of terrorism.
(4) An authorisation may be given-
    (a) where the specified area or place is the whole or part of a police area outside Northern Ireland other than one mentioned in paragraph (b) or (c), by a police officer for the area who is of at least the rank of assistant chief constable;
    (b) where the specified area or place is the whole or part of the metropolitan police district, by a police officer for the district who is of at least the rank of commander of the metropolitan police;
    (c) where the specified area or place is the whole or part of the City of London, by a police officer for the City who is of at least the rank of commander in the City of London police force;
    (d) where the specified area or place is the whole or part of Northern Ireland, by a member of the Royal Ulster Constabulary who is of at least the rank of assistant chief constable.
(5) If an authorisation is given orally, the person giving it shall confirm it in writing as soon as is reasonably practicable.
Exercise of power. 45. - (1) The power conferred by an authorisation under section 44(1) or (2)-
    (a) may be exercised only for the purpose of searching for articles of a kind which could be used in connection with terrorism, and
    (b) may be exercised whether or not the constable has grounds for suspecting the presence of articles of that kind.
(2) A constable may seize and retain an article which he discovers in the course of a search by virtue of section 44(1) or (2) and which he reasonably suspects is intended to be used in connection with terrorism.
(3) A constable exercising the power conferred by an authorisation may not require a person to remove any clothing in public except for headgear, footwear, an outer coat, a jacket or gloves.
(4) Where a constable proposes to search a person or vehicle by virtue of section 44(1) or (2) he may detain the person or vehicle for such time as is reasonably required to permit the search to be carried out at or near the place where the person or vehicle is stopped.
(5) Where-
    (a) a vehicle or pedestrian is stopped by virtue of section 44(1) or (2), and
    (b) the driver of the vehicle or the pedestrian applies for a written statement that the vehicle was stopped, or that he was stopped, by virtue of section 44(1) or (2),
the written statement shall be provided.
(6) An application under subsection (5) must be made within the period of 12 months beginning with the date on which the vehicle or pedestrian was stopped.


So unpacking that a bit it means:

1) They had the right to stop and search me
2) Some ranking officer has given authorisation for this section of the act to be used anywhere in London
3) They felt it was expedient to the prevention of terrorism to stop me
4) My camera constituted a possible item that could be used in connection with terrorism!

How daft are they?

Anyway, as is my right, I am going to apply for a written statement of the stop!

Don't come near me...I may use my camera to document what I want to blow up!

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