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The powers in force since 7/7

Justin Davenport
7 May 2009


SECTION 43

What it says:

Search of persons (1) A constable may stop and search a person whom he reasonably suspects to be a terrorist to discover whether he has in his possession anything which may constitute evidence that he is a terrorist.

(2) A constable may search a person arrested under section 41 to discover whether he has in his possession anything which may constitute evidence that he is a terrorist.

SECTION 44

What it says:

Authorisations (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- ...(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

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I notice that the language used in both section 43 and 44 is gender specific - ie he, his ,him.
Does this mean that the police have no specific legal powers to search women? and, in addition, does it mean that men can sue the Government for sex discrimination?

- Tony Snow, London, 07/05/2009 16:58
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