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R (Gillan) v Commissioner of Police for the Metropolis

[2006] UKHL 12

Case summary last updated at 07/02/2020 16:29 by the Oxbridge Notes in-house law team.

Judgement for the case R (Gillan) v Commissioner of Police for the Metropolis

The police were given the power to stop and search people in connection with articles on terrorism. Two people who were stopped sought judicial review of the authorisation by the minister of the police power and its confirmation. The HL dismissed the application on the grounds that it did not represent a loss of liberty except in that they were slightly delayed (they were not kept in custody) and the minister was entitled to authorise the power. The right to go about ones business without being stopped unless reasonably suspected of a crime is not absolute: the act conferring these powers on the police provided an exception and did so without breaching any rights under the HRA 1998 NB In this case Lord Bingham defined rule of law as the idea that enforcement has to be foreseeable, the courts have to be accessible and the laws have to be capable of guiding human conduct. FORMAL CONCEPTION. He also says this is the meaning within the ECHR. In this case the rules are available to the public and policeman who abuse tem will be open to civil suits.

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