Judgment Approved by the court for handing down. Miranda v SSHD LJ’s conclusion that Schedule 5 did not afford an effective mechanism for the MPS to invoke in order to obtain the information that they wanted. Det Supt Stokley has stated at para 50 of his first witness statement why he opted for the Schedule 7 route. He said: “I did not address my mind at the time to applying to a circuit judge for a Schedule 5 TACT production order as I considered that Schedule 7 represented the best and only method of achieving the dual objective of establishing what material Mr MIRANDA may have had in his possession and questioning him about it. I may have been able to obtain access to the material had I obtained a Schedule 5 order, but I would not have been able to ask Mr MIRANDA what his intentions were in relation to it unless I had arrested him and conducted a PACE interview under caution at a police station. Secondly, I believed that it was important to act as swiftly as possible, as Mr MIRANDA was only going to be in the UK in transit for a short period of time. A Schedule 5 production order process followed by an arrest and interview would have taken much longer, and would have inevitably resulted in a much greater interference in Mr MIRANDA’s private life and would have seriously disrupted his travel arrangements.” 91. It was reasonable for him (and he was entitled) to consider that questioning Mr Miranda in exercise of the Schedule 7 stop power was likely to be more effective than seeking an explanation under para 13(1) of Schedule 5. So far as concerns the present case, there were two principal weaknesses in Schedule 5 from Det Supt Stokley’s point of view. First, the primary purpose of the stop was to enable the police to question Mr Miranda and Schedule 5 did not allow for this. It would only have allowed the MPS to seek Mr Miranda’s explanation of the material that he was carrying. Secondly, the Schedule 5 process was slower process than the Schedule 7 stop process. As the officer explains, speed was particularly important in this case. 92. There is the further point made by Laws LJ that para 2(5) of Schedule 7 provides that a person who is questioned under para 2 must “(a) give the examining officer any information in his possession which the officer requires”. Para 18 provides that a person commits an offence punishable with a sentence of imprisonment and/or a fine if he “(a) wilfully fails to comply with a duty imposed under or by virtue of this Schedule”. On the other hand, the only sanction for disobedience to an explanation order made under para 13 of Schedule 5 (which has effect as if it were an order of the Crown Court: see para 10(1)) is proceedings for contempt. This is a less effective sanction than that afforded by para 18 of Schedule 7. 93. I accept that an order under Schedule 5 would have been less intrusive than the exercise of the Schedule 7 stop power. But it would also have been less effective. Having regard to the seriousness of the security interests potentially at stake, Det Supt Stokley was entitled to adopt the procedure which he considered likely to be the most effective. The decision not to invoke Schedule 5 did not make the exercise of the Schedule 7 stop power disproportionate. THE FIFTH GROUND OF APPEAL: INCOMPATIBILITY WITH ARTICLE 10

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