Source: El Reg Stopping people under Section 44 of the Terrorism Act is illegal under European law, but the government has insisted that Police Officers will continue to operate this way, until and appeal has been heard. The logic is that the Nuremberg Defence can be applied: individual officers can continue stop people because they are being instructed under national legislation to do so - they are only following orders. The correct course of action would to suspend a practice which as been deemed illegal until the appeal has been heard, but such rules only apply to us and not the boys in blue. However, apparently the reality is that the Nuremberg Defence doesn't apply in this case because they are not being instructed in law to operate this way. National Law states that they can do this, but not that they must do this.