Neil Parpworth explores the narrow options for injunctive relief when facing an unlawful stop & search
- A recent case demonstrates that, despite the negative impact of repeated stop and searches, applications for injunctive relief are unlikely to be successful.
- The applicant will need to establish that such interactions have happened often, are unnecessary, and have regularly exceeded the scope of the relevant statutory powers.
During the recent committee stage of the Police, Crime, Sentencing and Courts Bill in the House of Commons, the Parliamentary Under Secretary of State for the Home Department, Victoria Atkins MP, commented that: ‘… the police see stop and search as a vital tool to crack down on violent crime and we have already made it easier for forces to use existing powers, but too many criminals who carry knives and weapons go on to offend time and again, and serious violence reduction orders are part of our work to help to end that cycle’ (Public Bill Committee, 15th sitting, 17 June 2021, col 589).
Her remarks were made in the context
