Judgment Approved by the court for handing down.
12.
Miranda v SSHD
At para 29 of his first witness statement, Det Supt Stokley said:
“It appeared from the national security justification that Edward
SNOWDEN held a large amount of information the disclosure
of which could be highly damaging to UK national interests.
This reinforced my view that the value of the material that Mr
MIRANDA might be carrying to a hostile state engaged in
terrorist activity or a terrorist organisation was enormous and
its disclosure to agents of a hostile state or a terrorist
organisation elsewhere would be catastrophic.
In the
circumstances, I considered that Schedule 7 paragraph 8 in
particular, permitted us to search him to ascertain whether he
had the material in his possession to assist in the determination
of whether or not he was a person concerned in the
commission, preparation or instigation of acts of terrorism.”
13.
On Friday 16 August, a PCS was issued by the Security Service to the MPS and
received at the National Ports Office at 21.59. On page 2, against a box asking for
confirmation “that the purpose of an examination will be to assist in making a
determination about whether the person appears to be someone who is or has been
concerned in the Commission, Preparation or Instigation of acts of terrorism (CPI)”,
the Security Service had entered the words “Not Applicable”. On the same page this
was stated:
“Intelligence indicates that MIRANDA is likely to be involved in espionage
activity which has the potential to act against the interests of UK national
security. We therefore wish to establish the nature of MIRANDA’s activity,
assess the risk that MIRANDA poses to UK national security and mitigate as
appropriate. We are requesting that you exercise your powers to carry out a
ports stop against MIRANDA.”
14.
This PCS was not actively considered by the MPS when it was received. A second
PCS was received at the National Ports Office on Saturday 17 August at 12.47. This
too contained the “Not Applicable” entry, and also the invitation to the police to carry
out a port stop (plainly a reference to Schedule 7). Another section, headed “Guidance
for Port Officers”, was considerably expanded, setting out a series of questions which
the Security Service desired should be asked of Mr Miranda.
15.
Acting DI Woodford was the Ports Duty Officer for Heathrow Airport over the
weekend 17 – 18 August. He viewed the second PCS at the request of PS Holmes,
who had received it. He “immediately saw that the PCS did not give sufficient
information to provide police with the assurance that the use of Schedule 7 would be
appropriate and lawful” (para 11 of his witness statement). He considered that the
“Not Applicable” entry was in conflict with the invitation to the police to carry out a
port stop under Schedule 7. He thought that the Security Service “may have been
reluctant to confirm that the stop was for the purposes of determining whether Mr
MIRANDA was a person concerned in the commission, preparation or instigation of
acts of terrorism (“CPI”) in circumstances where their concern appeared to revolve
around espionage and national security issues” (para 12). He agreed with PS Holmes
that the PCS should be returned to the Security Service for confirmation that “the
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