Judgment Approved by the court for handing down. Miranda v SSHD as it does journalistic material) because there was available an alternative, less intrusive mechanism, namely a production order under Schedule 5. 88. Laws LJ rejected this submission for the following reasons: “61. This submission lacks all practicality. I will assume that the defendants (rather the second defendant: the application is made by “a constable” – paragraph 5(1)) could have got before a judge before the claimant left Heathrow for Brazil. But there are other insuperable difficulties. (1) Paragraph 5(4)(a) could not have been satisfied. The application must relate to “particular material, or material of a particular description, which consists of or includes excluded material or special procedure material” (paragraph 5(2)), and the order may only specify an individual if “he appears to the [judge] to have in his possession, custody or power any of the material to which the application relates” (5(4)(a)). But the police did not know what the claimant was carrying: neither the National Security Justification nor the final PCS contained particulars remotely sufficient for the Schedule 5 process. (2) Paragraph 6(1)(a) could not have been met. The police could not have satisfied the judge “that the material to which the application relates consists of or includes excluded material or special procedure material”. (3) The claimant would not have been obliged to answer any questions about what he was carrying: the power in paragraph 13 to require an explanation only relates to material already produced or made available. (4) It appears that the only sanction for disobedience to any order that might be obtained would have been contempt proceedings after the event: paragraph 10 provides that a judge’s order “under paragraph 5 shall have effect as if it were an order of the Crown Court”. ” 62. Given all these difficulties, an application under Schedule 5 would have been pointless and ineffective.” 89. Mr Ryder takes issue with each of these reasons. As regards (1), he says that it was not necessary for the police to “know” what Mr Miranda was carrying. They knew that he was working with Mr Greenwald and Ms Poitras in relation to articles based on the Snowden material. It was only necessary for a judge to be satisfied that he “appeared” to have in his possession the material to which the application related. As regards (2), Mr Ryder submits that the court overstated the difficulty the police would have had in satisfying it that the material contained excluded or special procedure material, given his work with journalists. As regards (3), the power to require an explanation is only exercisable in relation to material produced by the individual (it may not be used to compel an explanation of other material not the subject of the production order). But there is nothing in Schedule 5 to prevent a constable from applying for a warrant order under para 13 at the same time as the application for a production order. 90. It is not necessary for me to decide whether Mr Ryder’s answers to (1) and (2) are correct, because in my view there is no answer to (3) and this alone justifies Laws