Gillan & Anor, R (on the application of) v Commissioner of the Police for the Metropolis & Anor, Court of Appeal - Administrative Court, October 31, 2003, [2003] EWHC 2545 (Admin)

Reporting Judge: [2003] EWHC 2545 (Admin)

President: Gillan & Anor, R (on the application of) v Commissioner of the Police for the Metropolis & Anor

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Extract

Gillan & Anor, R (on the application of) v Commissioner of the Police for the Metropolis & Anor, Court of Appeal - Administrative Court, October 31, 2003, [2003] EWHC 2545 (Admin)

Case No: CO/4535/2003

Neutral Citation Number: [2003] EWHC 2545 (Admin)

IN THE HIGH COURT OF JUSTICE

QUEEN’S BENCH DIVISION

ADMINISTRATIVE COURT

DIVISIONAL COURT

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: 31st October 2003

Before :

LORD JUSTICE BROOKE

and

MR JUSTICE MAURICE KAY

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Between :

| |THE QUEEN on the application of | |

| |KEVIN GILLAN |1st Claimant |

| |PENNIE QUINTON |2nd Claimant |

| |- and – | |

| |COMMISSIONER OF THE POLICE FOR THE METROPOLIS |1st Defendant |

| |SECRETARY OF STATE FOR THE HOME DEPARTMENT | |

| | |2nd Defendant |

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Owen Davies QC & Rajiv Menon (instructed by Mona Arshi, Liberty) for the Claimants

John McGuinness QC (instructed by Directorate of Legal Services, Metropolitan Police Service) for the 1st Defendant

Philip Sales, Jonathan Swift & Philip Coppel (instructed by the Treasury Solicitor) for the 2nd Defendant

Hearing date : 2nd October 2003

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JUDGMENT

Lord Justice Brooke : The is the judgment of the court.

In these proceedings the claimants Kevin Gillan and Pennie Quinton seek to challenge by way of judicial review the legality of their treatment by police officers who purported to stop and search them on 9th September 2003 pursuant to an authorisation made under section 44 of the Terrorism Act 2000 (“the 2000 Act”).

Mr Gillan is a 26-year old student from Sheffield. He was stopped on his red mountain bicycle in Royal Albert Way when he was engaged in trying to join a demonstration being conducted against the Defence Systems and Equipment International Exhibition (“the arms fair”) which was being held at the Excel Centre, Docklands, in East London. Ms Quinton was stopped when she was walking towards the fair on Connaught Bridge, Royal Albert Road....

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