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R (Gillan) v Commissioner of Police of The Metropolis [2006]

Facts

  • At a protest in London, the two claimants were stopped and searched under the Terrorism Act 2000, which allowed the Secretary of State for the Home Department to keep a specific area permanently authorised (renewed each month) for officers to randomly stop and search citizens.

Issue

  • Was this lawful under art 8 of the ECHR?

Decision

  • Yes

Reasoning

  • National security
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