Abstract

Purpose – The object of the paper is to analyse the justifications for the modification of police
powers in response to terrorist threats, placing this issue in a European context.
Design/methodology/approach – The paper consists of a critical examination of provisions
relating to terrorism emanating from the European Union and the Council of Europe (European
Convention on Human Rights (ECHR)), and the relevant English law on police powers of stop and
search, arrest, and detention.
Findings – Nothing in European law requires the amendments to police powers contained in English
law; European law requires respect for human rights, even in dealing with terrorism; a shoot-to-kill
policy is prohibited by the ECHR; and balance is an unsatisfactory method of resolving conflicts in
this area.
Research limitations/implications – The research was limited in its scope to certain areas of
police powers, and to certain fundamental European documents. Future research should consider the
issue in relation to wider areas.
Originality/value – It challenges the idea of balance between liberty and security, proposing a test
based on necessity instead.