Section 60 of the Criminal Justice and Public Order Act (CJPOA) 1994 provides police officers with greater stop-and search powers, in order to find offensive weapons or dangerous instruments. Section 60(5) creates a power which can be exercised in the absence of any grounds for suspecting the presence of such weapons or articles and only applies when valid authorisation is in place, enabling officers to stop and search persons and vehicles. The appellant, who was stopped and searched pursuant to a section 60 authorisation, sought a declaration that the section was offensive to the European Convention on Human Rights (ECHR): the Article 5 ECHR guarantee of liberty and security and/or the Article 8 ECHR right to respect for private and family life. It was further suggested that section 60 was used disproportionately against black people in London, in breach of Article 14 of the ECHR. The proceedings were heard by Lord Justice Kay, Lady Justice Rafferty and Lady Justice Macur in the Court of Appeal (Civil Division).