Judgment Approved by the court for handing down. Miranda v SSHD 115. TACT, therefore, contains no adequate legal safeguards relating to journalistic material simpliciter or to journalistic material the disclosure of which may identify a confidential source. Nor are any such safeguards to be found in any other rules operating within the framework of law: see per Lord Sumption in R (Catt) v ACPO [2015] AC 1065, [2015] UKSC 9 at para 11. 116. The contrast with other legal regimes is striking. Thus section 9 and Schedule 1 to PACE empower the court to grant production orders, allowing the police to obtain evidence connected with the commission of criminal offences (including terrorism). But “journalistic material” falls within the categories of “special procedure material” or “excluded material” as defined in sections 11 to 14 of PACE. Such material is afforded additional protections, such that access can only be gained on an inter partes application before a Circuit Judge, in which the stringent requirements of Schedule 1 are met. 117. Similarly, as we have seen, Schedule 5 to TACT empowers the court (again following in inter partes hearing) to order the seizure or production of special procedure and excluded material for the purpose of a terrorist investigation, where there are reasonable grounds for believing that (i) the material is likely to be of substantial value to that investigation, and (ii) it is in the public interest for the material to be disclosed, having regard to the benefit likely to accrue from the investigation, and the circumstances under which the person had the material in his or her possession. OVERALL CONCLUSION 118. For the reasons that I have given, I would hold that the exercise of the Schedule 7 stop power in relation to Mr Miranda on 18 August 2013 was lawful, although my reasoning differs in one important respect from that of the Divisional Court. I have reached this conclusion despite my disagreement with the Divisional Court as to the meaning of “terrorism” in section 1 of TACT. I would, therefore, dismiss the appeal in so far as it relates to the exercise of the stop power in this case. 119. But in disagreement with the Divisional Court, I would declare that the stop power conferred by para 2(1) of Schedule 7 is incompatible with article 10 of the Convention in relation to journalistic material in that it is not subject to adequate safeguards against its arbitrary exercise and I would, therefore, allow the appeal in relation to that issue. It will be for Parliament to provide such protection. The most obvious safeguard would be some form of judicial or other independent and impartial scrutiny conducted in such a way as to protect the confidentiality in the material. Lord Justice Richards: 120. I agree. Lord Justice Floyd: 121. I also agree.