Judgment Approved by the court for handing down.
Miranda v SSHD
possession, custody or power and to which the application
relates...
(4) For the purposes of this paragraph—
(a) an order may specify a person only if he appears to the
Circuit judge or the District Judge (Magistrates’ Courts) to
have in his possession, custody or power any of the material to
which the application relates...
6(1) A Circuit judge or a District Judge (Magistrates’ Courts)
may grant an application under paragraph 5 if satisfied—
(a) that the material to which the application relates consists of
or includes excluded material or special procedure material...
(c) that the conditions in sub-paragraphs (2) and (3) are
satisfied in respect of that material.
(2) The first condition is that—
(a) the order is sought for the purposes of a terrorist
investigation, and
(b) there are reasonable grounds for believing that the material
is likely to be of substantial value, whether by itself or together
with other material, to a terrorist investigation...
10(1) An order of a Circuit judge or a District Judge
(Magistrates’ Courts) under paragraph 5 shall have effect as if
it were an order of the Crown Court...
13(1) A constable may apply to a Circuit judge or a District
Judge (Magistrates’ Courts) for an order under this paragraph
requiring any person specified in the order to provide an
explanation of any material—
…....
(b) produced or made available to a constable under paragraph
5.
86.
By para 4 of Schedule 5 “excluded material” has the meaning given by section 11, and
“special procedure material” has the meaning given by section 14 of PACE. Thus
“excluded material” includes “journalistic material” (viz. “material acquired or created
for the purposes of journalism”) held in confidence (section 11(1)(c) read with section
13(1)). “Special procedure material” includes “journalistic material, other than excluded
material” (section 14(1)(b)).
87.
As I have said, the fourth ground of appeal is a sub-set of the third ground. Mr Ryder
submits that the use of Schedule 7 was disproportionate in the present case (involving
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