Judgment Approved by the court for handing down. Miranda v SSHD 94. In the end, the incompatibility issue has been narrowly refined to the question of whether, as Mr Ryder contends, the Schedule 7 stop power, if used in respect of journalistic information or material, is incompatible with article 10 in that it is not “prescribed by law” as required by article 10(2). In essence, his case (supported by the Interveners) is that it is not prescribed by law because it is not subject to “sufficient legal safeguards to avoid the risk that power will be exercised arbitrarily and thus that unjustified interference with a fundamental right will occur”: see per Lord Hughes at para 30 of Beghal v Director of Public Prosecutions [2015] 3 WLR 344, [2015] UKSC 49. 95. It is submitted that Schedule 7 suffers from two fundamental defects. The first is that it contains no requirement that an examining officer even takes into account the right to freedom of expression or, in particular, the risk that the examination of an individual, or the seizure, examination, retention and/or copying of documents or data may intrude upon confidential journalistic material or disclose the identity of a confidential source. This renders the circumstances in which the power can be used in relation to journalistic material unforeseeable and/or so broad as to require the strongest possible independent safeguards. 96. The second defect is that there is no provision for authorisation by a court or other independent and impartial decision-making body in a case involving journalistic material prior to the use of the Schedule 7 power or, in an urgent case, immediately after the obtaining of the material pursuant to the exercise of the power. In relation to urgent cases, where it would be impracticable to obtain such authorisation in advance of the acquisition of documents, Schedule 7 contains no bar on the inspection of such documents pending independent authorisation. 97. Although these two alleged defects were identified by Mr Ryder, the focus of his submission and those of the Interveners was on the lack of independent scrutiny of the exercise of the power. It is to this issue that I now turn. 98. The question of the compatibility of Schedule 7 with article 10 of the Convention did not arise in Beghal, which concerned only articles 5, 6 and 8. As I shall explain, article 10 imposes obligations which are materially different from those arising under these other articles. At paras 74 to 89 of his judgment, Laws LJ held that there was no incompatibility for two broad reasons. The first was founded on the reasoning of the Divisional Court in Beghal. It was for this reason that Laws LJ did not accept that the Schedule 7 power is “over-broad or arbitrary” (and on that ground is not “prescribed by law”). He expressed his second reason in these terms at para 88: “Mr Kovats submits that the Strasbourg court has not developed an absolute rule of prior judicial scrutiny for cases involving State interference with journalistic freedom. In my judgment that is right. Although the court’s reasoning is sometimes expressed in very general terms (see in particular paragraphs 90 and 92 of Sanoma), in this area as in others its method and its practice is to concentrate on the facts of the particular case. And the Strasbourg court would itself acknowledge that the protections against excess of power by State agents, and the limitations which the law imposes on the power they enjoy, vary greatly from State to State: such