Miranda, R (on the application of) v Secretary of State for the Home Department & Ors

Miranda, R (on the application of) v Secretary of State for the Home Department & Ors

The Schedule 7 stop of Mr Miranda was lawful and proportionate on the facts, but the power as exercised in relation to journalistic material is incompatible with Article 10 ECHR due to lack of adequate legal safeguards against arbitrary use.

Parties
Appellant: David Miranda; First Respondent: Secretary of State for the Home Department; Second Respondent: Commissioner of Police of the Metropolis; First Intervener: Liberty; Second Intervener: Article 19, English PEN and the Media Legal Defence Initiative
Jurisdiction
England and Wales
Judgment Date
19 January 2016
Procedural Posture
Judicial Review (appeal) / Court of Appeal Judgment
Outcome
Appeal dismissed in relation to lawfulness and proportionality of the stop; allowed in relation to incompatibility of Schedule 7 with Article 10 ECHR for journalistic material.
Legal Topics
Terrorism Act 2000, Freedom of Expression, Proportionality, Judicial Review, Journalistic Material, Article 10 ECHR
Constitutional Law Human Rights Law Criminal Law Terrorism Act 2000 Freedom of Expression Proportionality Judicial Review Journalistic Material +1 more

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Parties

David Miranda

Appellant

Secretary of State for the Home Department

First Respondent

Commissioner of Police of the Metropolis

Second Respondent

Liberty

First Intervener

Article 19, English PEN and the Media Legal Defence Initiative

Second Intervener

Procedural Posture

Judicial Review (appeal) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Schedule 7 stop of Mr Miranda was for a lawful purpose under the Terrorism Act 2000
  2. 2 Whether the stop was a disproportionate interference with Article 10 ECHR rights
  3. 3 Whether Schedule 7 is compatible with Article 10 ECHR in relation to journalistic material

Ratio Decidendi

The Schedule 7 stop of Mr Miranda was lawful and proportionate on the facts, but the power as exercised in relation to journalistic material is incompatible with Article 10 ECHR due to lack of adequate legal safeguards against arbitrary use.

Court Disposition

Appeal dismissed in relation to lawfulness and proportionality of the stop; allowed in relation to incompatibility of Schedule 7 with Article 10 ECHR for journalistic material.

Orders

  • Declaration that the stop power conferred by para 2(1) of Schedule 7 is incompatible with Article 10 ECHR in relation to journalistic material due to lack of adequate safeguards.