On 12 January, the European Court stated that the use of Section 44 to stop-and-search people is illegal and that the powers lack proper 'safeguards against abuse'.

The Home Office has until 12 April to appeal the ruling. If the appeal is received within this time frame, the 17-member Grand Chamber of the Court of Human Rights will take on the dossier. In such cases, 'a panel of five judges considers whether the case raises a serious question affecting the interpretation or application of the Convention or its protocols, or a serious issue of general importance, in which case the Grand Chamber will deliver a final judgment.'

However, the government faces an uphill battle given that the European Court of Human Rights found unanimously against Section 44, with its seven judges agreeing that the powers were illegal. One of the judges, Nicolas Bratza, is a Briton.

While the Home Office tells BJP that it doesn't give "a running commentary on the appeals process," it refered back to Home Secretary Alan Johnson's statement that the government will "seek to appeal".

Pending the outcome of this appeal, the Police will continue to have Section 44 powers available to them, the Home Secretary added.