Judgment Approved by the court for handing down. Miranda v SSHD 206610. Det Supt Stokley says that the officers were only aware of the information in the PCS document, as is a standard practice for such stops. The examining officers are not told and do not know anything about the intelligence behind the stop, so as to introduce a firewall between the intelligence behind the stop and the examination “to prevent any unwitting disclosures to the subject of the examination” (para 32 of his first witness statement). 20. The officers detained Mr Miranda for nine hours, which was the maximum period permitted by para 6(4) of Schedule 7 at the time (this maximum has since been reduced to six hours) and they questioned him. DI Woodford was with them to meet the aircraft at the gate. Mr Miranda’s hand luggage was examined, and items retained which as I have said included encrypted storage devices. Mr Oliver Robbins, Deputy National Security Adviser for Intelligence, Security and Resilience in the Cabinet Office, says in his first witness statement (para 6) that the encrypted data contained in the external hard drive taken from Mr Miranda contains approximately 58,000 highly classified UK intelligence documents. Many are classified SECRET or TOP SECRET. Mr Robbins states that release or compromise of such data would be likely to cause very great damage to security interests and possible loss of life. It is said by the defendants to be of significance that Mr Miranda did not claim to be a journalist or a lawyer; nor did he claim that any material that he was carrying was journalistic material or subject to legal professional privilege. THE PROCEEDINGS 21. In judicial review proceedings issued on 21 August 2013, Mr Miranda claims that the use of the Schedule 7 power against him on 18 August 2013 was unlawful because (i) the power was exercised for a purpose not permitted by the statute; and (ii) its use constituted a disproportionate interference with his rights under article 5, 8 and 10 of the Convention. He also claims that the use of the power is incompatible with the rights guaranteed by article 10 of the Convention, at any rate in relation to journalistic material. SUMMARY OF THE JUDGMENT OF THE DIVISIONAL COURT 22. The Divisional Court decided that (i) the power was exercised for a purpose permitted by the statute; (ii) its use was not a disproportionate interference with articles 5, 8 or 10 of the Convention; and (iii) the use of the power was compatible with article 10 of the Convention. THE GROUNDS OF APPEAL 23. Mr Ryder QC has raised five grounds of appeal. Ground 1 is that the court erred in determining the purpose of the examining officers who conducted the stop by reference to information and judgments made by other persons, namely the Security Service. Ground 2 is that the court erred in assessing the dominant purpose for which the Schedule 7 power was in fact used. Ground 3 is that the court adopted a flawed approach to the question of proportionality, by failing to consider whether there was evidence of any actual risk to public safety that justified the use of the Schedule 7 power to seize journalistic material. Ground 4 (which is a subset of ground 3) is that the court erred in its assessment of proportionality in concluding that the use of Schedule 5 to TACT would not have been possible or practical. Ground 5 is that the

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