In that case, police had used the counter-terrorism power against a peace protester, Kevin Gillan, and a journalist, Pennie Quinton, as they travelled to a demonstration outside the annual arms fair at the ExCel centre in east London in 2003.
The crucial aspect of the ruling, and thus the hurdle any new power must clear, is not to be random and indiscriminate in its scope. Shami Chakrabarti, director of Liberty, said that with the right safeguards her organisation might not oppose the new power: The devil will be in the detail. What safeguards will there be, who can trigger the power, what is the threshold for turning it on, what public scrutiny will there be?
Under the old power all of London was designated for months on end as a place where police could stop people without suspicion. Chakrabarti said: The geographical area cant be an entire county or all of London as it was before, but an area no greater than a square mile. It must not be for months on end but for a specific period of 24 to 48 hours.
It must target specific places, not classes of people, on the basis of intelligence and risk for narrow windows of time, with adequate authorisation and transparency. Then it will satisfy proportionality and equal treatment whilst providing a rational, flexible aid to anti-terror policing.
Ben Bowling, a professor of criminology at Kings College London and founder member of Stopwatch, which campaigns against alleged police abuses of stop and search powers, warned the new power could be used to discriminate against ethnic minority Britons: Where officers have the maximum discretion, that is where you have the greatest racial discrimination in the way police have used their powers. We would want to be absolutely certain that police are not targeting ethnic minority communities for unfair stops and searches.
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