Judgment Approved by the court for handing down.
Miranda v SSHD
(c) endangers a person’s life, other than that of the person committing the action,
(d) creates a serious risk to the health or safety of the public or a section of the public, or
(e) is designed seriously to interfere with or seriously to disrupt an electronic system.”
3.
Section 40 provides:
“(1) In this Part ‘terrorist’ means a person who—
...
(b) is or has been concerned in the commission, preparation or instigation of acts of
terrorism.”
4.
Schedule 5 is material to the issue of proportionality and the fourth ground of appeal.
It is not necessary to set it out here. I have set out the material parts of it at para 85
below.
5.
Schedule 7 provides in part:
“1
In this Schedule ‘examining officer’ means any of the following—
(a) a constable...
2
(1) An examining officer may question a person to whom this paragraph applies for the
purpose of determining whether he appears to be a person falling within section 40(1)(b).
(2) This paragraph applies to a person if—
(a) he is at a port or in the border area, and
(b) the examining officer believes that the person’s presence at the port or in
the area is connected with his entering or leaving Great Britain or Northern
Ireland……….
(4) An examining officer may exercise his powers under this paragraph whether or
not he has grounds for suspecting that a person falls within section 40(1)(b).
5
A person who is questioned under paragraph 2... must—
(a) give the examining officer any information in his possession which the officer
requests;
(b) give the examining officer on request either a valid passport which includes a
photograph or another document which establishes his identity;
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