You are going about your business, when suddenly you are approached by police officers. After identifying themselves, they announce, ‘We are stopping you under section 44 of the Terrorism Act.’ Your first reaction is why me? What have I done? But unlike other stop and search powers, officers don’t need any reasonable grounds for suspicion. In fact, if they do suspect you, then they should use other powers. They will ask you your name and address, what you are doing and where you are going – you don’t have to answer, but they will likely exceed their powers by looking at any identifying documents you’re carrying. They can ask you to take off outer clothing. You have to submit to the search.
According to the police’s advice on stop and search in relation to terrorism, they ‘create a hostile environment for terrorists to operate in and can help to deter, disrupt and detect terrorist activity’. These searches must take place in authorised areas, but there has been a continuous succession of authorisations for the whole of London since February 2001. It is difficult to know exactly the period and location of such authorisations as the Home Office has fought related freedom of information requests.
Section 44 can affect anyone, but some people are affected more than others. Government figures released in May show that since 2007 the number of searches under the powers has risen by 322 per cent for black people, 277 per cent for Asian people, but just 185 per cent for white people. Protesters have also suffered. Demonstrations at Fairford airbase, the DSEi arms fair in London’s docklands and the Heathrow Climate Camp provide glaring examples of abuses of section 44.
Standard operating procedures explain: ‘The choice of persons stopped should normally be based on location, time, intelligence or behaviour [including] unusual actions or presence near a vulnerable location. The level of behaviour may not amount to “reasonable grounds” and may be not much more than intuition on behalf of the officer. Any manner of profiling is undesirable where persons from a particular group are targeted by officers without existence of additional credible evidence.’
Between 2001 and 2004, 205,000 section 44 stop and searches were conducted in England and Wales. These resulted in 2,571 arrests – representing 1.25 per cent of all searches. Available data gives no indication as to how many of these arrests were in connection with terrorism, how many led to charges being brought, or how many convictions followed. Liberty claims that only six in every 10,000 people stopped are arrested, and that nobody has ever been arrested for terror offences after a stop and search.
Reporting in 2005 on the Terrorism Act 2000, Lord Carlisle, the independent reviewer of the Act, found that while ‘fairly extensive use [of section 44 powers] is understandable … they should be used sparingly [as they involve] a substantial encroachment into the reasonable expectation of the public at large that they will only face police intervention in their lives (even when protesters) if there is reasonable suspicion that they will commit a crime.’
Fears over their diminishing authority have recently led the Metropolitan Police to claim they will be reducing their use of section 44. However, the powers will remain in place around major landmarks, train stations and crowded public spaces – essentially no change.
Turning the tide on repressive anti-terror measures will be a long process, but on encountering terror searches it’s important to challenge the police over their actions. You can’t legally avoid being searched if it’s requested, but refuse to give the police your details – on protests section 44 searches often play the supplementary role of data-gathering.
You are entitled to a receipt for your search outlining the where, why, when and who of the search. Officers often attempt to evade this responsibility – don’t let them! These are key legal documents for official complaints about police conduct during the search, or complaints made by political organisations about the over-use of stop and search powers.
If the police refuse you a form, try your own data gathering. If they’re wearing them, note down the officers’ shoulder numbers. Film and photograph them, and note the time and place. If there are any witnesses, get their contact details. Make a complaint – this can force a review if enough people do it, and may at least make the officers in question think twice in future. Complaints can be taken to your local police station, Citizens Advice Bureau, the Independent Police Complaints Commission, the Commission for Racial Equality, or a solicitor.
n David Mery is a freelancer and technologist based in London. His website is
www.gizmonaut.net. For further info contact
Labour's 1983 election campaign has long been used to say it is impossible for a leader like Jeremy Corbyn to win any election from the left. Alex Nunns digs out the truth
Drax is the UK's biggest source of CO2 emissions – and we're paying for it, writes Almuth Ernsting
For the past 3 years, Barby Asante and members of London-based artists' collective, sorryyoufeeluncomfortable, have been responding directly to the vision of James Baldwin. Ahead of the nationwide release of a new film about the American activist and author, they reflect on the enduring relevance of Baldwin in Britain today.
Housing campaigners' gains in Bristol are spurring on a national movement to build a renters' union, writes Stuart Melvin
A new Espionage Act threatens whistleblowers and journalists, writes Sarah Kavanagh
We need an anti-austerity alliance, not a vaguely progressive alliance, argues Michael Calderbank
Rahila Gupta talks to Kimmie Taylor about life on the frontline in Rojava
It may seem as though these apps are working for us, but we are also working for the apps, writes Kurt Iveson
It's over 100 years ago that domestic workers began to organise to demand the same rights as other workers. Yet with LSE cleaners on strike this week, historian Laura Schwartz asks: how much has really changed?
Omar Barghouti asks whether Donald Trump, in his recent break with America’s long-standing support for the two-state solution, has unwittingly revived the debate about the plausibility, indeed the necessity, of a single, democratic state in historic Palestine?
Our activism will be intersectional, or it will be bullshit…
Reflecting on a year in the environmental and anti-racist movements, Plane Stupid activist, Ali Tamlit, calls for a renewed focus on the dangers of power and privilege and the means to overcome them.
West Yorkshire calls for devolution of politics
When communities feel that power is exercised by a remote elite, anger and alienation will grow. But genuine regional democracy offers a positive alternative, argue the Same Skies Collective
How to resist the exploitation of digital gig workers
For the first time in history, we have a mass migration of labour without an actual migration of workers. Mark Graham and Alex Wood explore the consequences
The Digital Liberties cross-party campaign
Access to the internet should be considered as vital as access to power and water writes Sophia Drakopoulou
#AndABlackWomanAtThat – part III: a discussion of power and privilege
In the final article of a three-part series, Sheri Carr gives a few pointers on how to be a good ally
Event: Take Back Control Croydon
Ken Loach, Dawn Foster & Soweto Kinch to speak in Croydon at the first event of a UK-wide series organised by The World Transformed and local activists
Red Pepper’s race section: open editorial meeting 19 April
On April 19th, we’ll be holding the second of Red Pepper’s Race Section Open Editorial Meetings.
Changing our attitude to Climate Change
Paul Allen of the Centre for Alternative Technology spells out what we need to do to break through the inaction over climate change
Introducing Trump’s Inner Circle
Donald Trump’s key allies are as alarming as the man himself
#AndABlackWomanAtThat – part II: a discussion of power and privilege
In the second article of a three-part series, Sheri Carr reflects on the silencing of black women and the flaws in safe spaces
Joint statement on George Osborne’s appointment to the Evening Standard
'We have come together to denounce this brazen conflict of interest and to champion the growing need for independent, truthful and representative media'
Paul O’Connell and Michael Calderbank consider the conditions that led to the Brexit vote, and how the left in Britain should respond
On the right side of history: an interview with Mijente
Marienna Pope-Weidemann speaks to Reyna Wences, co-founder of Mijente, a radical Latinx and Chincanx organising network
Disrupting the City of London Corporation elections
The City of London Corporation is one of the most secretive and least understood institutions in the world, writes Luke Walter
#AndABlackWomanAtThat: a discussion of power and privilege
In the first article of a three-part series, Sheri Carr reflects on the oppression of her early life and how we must fight it, even in our own movement
Corbyn understands the needs of our communities
Ian Hodson reflects on the Copeland by-election and explains why Corbyn has the full support of The Bakers Food and Allied Workers Union
Red Pepper’s race section: open editorial meeting 15 March
On 15 March, we’ll be holding the first of Red Pepper’s Race Section open editorial meetings.
Social Workers Without Borders
Jenny Nelson speaks to Lauren Wroe about a group combining activism and social work with refugees
Growing up married
Laura Nicholson interviews Dr Eylem Atakav about her new film, Growing Up Married, which tells the stories of Turkey’s child brides
The Migrant Connections Festival: solidarity needs meaningful relationships
On March 4 & 5 Bethnal Green will host a migrant-led festival fostering community and solidarity for people of all backgrounds, writes Sohail Jannesari
Reclaiming Holloway Homes
The government is closing old, inner-city jails. Rebecca Roberts looks at what happens next
Intensification of state violence in the Kurdish provinces of Turkey
Oppression increases in the run up to Turkey’s constitutional referendum, writes Mehmet Ugur from Academics for Peace
Pass the domestic violence bill
Emma Snaith reports on the significance of the new anti-domestic violence bill
Report from the second Citizen’s Assembly of Podemos
Sol Trumbo Vila says the mandate from the Podemos Assembly is to go forwards in unity and with humility
Protect our public lands
Last summer Indigenous people travelled thousands of miles around the USA to tell their stories and build a movement. Julie Maldonado reports
From the frontlines
Red Pepper’s new race editor, Ashish Ghadiali, introduces a new space for black and minority progressive voices
How can we make the left sexy?
Jenny Nelson reports on a session at The World Transformed
In pictures: designing for change
Sana Iqbal, the designer behind the identity of The World Transformed festival and the accompanying cover of Red Pepper, talks about the importance of good design
Angry about the #MuslimBan? Here are 5 things to do
As well as protesting against Trump we have a lot of work to get on with here in the UK. Here's a list started by Platform
Who owns our land?
Guy Shrubsole gives some tips for finding out