Judgment Approved by the court for handing down. Miranda v SSHD differences illustrate the importance of the well known doctrine of the margin of appreciation. As I have indicated at paragraph 30 (sic), there are important constraints upon the use of the Schedule 7 power. The discipline of the proportionality principle is one of the foremost safeguards: its role in this case, I think, demonstrates as much. ” 99. The “important constraints” to which Laws LJ referred at para 31 were: “At the same time there are important constraints on the use of the Schedule 7 power. First, although the examining officer need not have grounds for suspecting that the subject falls within section 40(1)(b), the general law of course requires that the power be exercised upon some reasoned basis, proportionately (as to which see paragraphs 39 – 46 below) and in good faith. Secondly, there is a limitation upon the meaning of terrorism given by reference to the mental or purposive elements prescribed by section 1(1)(b) (“designed to influence... or to intimidate...”) and 1(1)(c) (“for the purpose of advancing a political, religious, racial or ideological cause”). Thirdly, the power may only be used where the subject is “at a port or in the border area” (Schedule 7 paragraph 2(2)(a)) intending (in the examining officer’s belief) to enter or leave Great Britain or Northern Ireland (2(2)(b)). Fourthly, the examining officers’ power of detention is limited to 9 hours (Schedule 7 paragraph 6). ” 100. The ECtHR has considered the role of judicial oversight in the process of the acquisition or compulsory disclosure of journalistic material in a number of cases. Liberty submits that the following principles can be derived from these authorities. First, the protection of journalistic sources must be attended with legal procedural safeguards commensurate with the importance of the article 10 principle at stake: see the Grand Chamber decision in Sanoma Uitgevers v The Netherlands [2011] EMLR 4 at para 88. Secondly, first and foremost among these safeguards is the guarantee of review by a judge or other independent and impartial decision-making body of any requirement that a journalist hand over material concerning a confidential source: Sanoma at para 90. Thirdly, the judge or other independent and impartial body must be in a position to carry out the exercise of weighing the potential risks and respective interests prior to disclosure. The decision to be taken should be governed by clear criteria: Sanoma at para 92. Fourthly, the exercise of an independent review that takes place only after the handing over of material capable of revealing such sources would undermine the very essence of the right to confidentiality and cannot therefore constitute a legal procedural safeguard commensurate with the rights protected by article 10: Sanoma at para 91. Fifthly, however, in urgent cases, where it is impracticable for the authorities to provide elaborate reasons, an independent review carried out at the very least prior to the access and use of obtained materials should be sufficient to determine whether any issue of confidentiality arises, and if so, whether the public interest invoked by the investigating authorities outweighs the general public interest in source protection: Sanoma at para 91. Independent review after the