Judgment Approved by the court for handing down.
Miranda v SSHD
(c) declare whether he has with him documents of a kind specified by the
examining officer;
(d) give the examining officer on request any document which he has with him
and which is of a kind specified by the officer.
6
(1) For the purposes of exercising a power under paragraph 2 or 3 an examining officer
may(a) stop a person or vehicle;
(b) detain a person.
…….
(4) A person detained under this paragraph shall …..be released not later than the end
of the period of nine hours beginning when his examination begins”
THE FACTS
6.
The following account of the facts is derived to a considerable extent from the
judgment of Laws LJ. Mr Miranda is a Brazilian citizen and the spouse of Mr Glenn
Greenwald, a journalist who at the material time was working for the Guardian
newspaper. Some months after an initial contact made in late 2012 Mr Greenwald and
another journalist, Laura Poitras, met Mr Edward Snowden. He provided them with
encrypted data which had been stolen from the National Security Agency (NSA) of
the United States. The data included UK intelligence material. Some of it formed the
basis of articles in the Guardian on 6 and 7 June 2013 and on later dates. On 12
August 2013, Mr Miranda travelled from Rio de Janeiro to Berlin in order to meet
Laura Poitras. He was carrying encrypted material derived from the data obtained by
Mr Snowden. He was to collect computer drives containing further such material. He
was doing it in order to assist in the journalistic activity of Mr Greenwald. He was
stopped at 08.05 on Sunday 18 August 2013 at Heathrow where he was in transit on
his way back to Rio de Janeiro.
7.
The Security Service (for which the first defendant Secretary of State is responsible
by statute) had undertaken an operation relating to Mr Snowden. They became aware
of Mr Miranda’s movements. At 08.30 on Thursday 15 August 2013 they briefed
Detective Superintendent Stokley of SO 15, the Counter-Terrorism Command in the
Metropolitan Police (“MPS”), the second defendant.
8.
The Security Service told him that one of the individuals involved in disseminating
the stolen intelligence material was Mr Greenwald, a freelance journalist for the
Guardian, that Mr Miranda was married to him and was travelling from Berlin to Rio
and may have some sensitive material in his possession. As Det Supt Stokley put it at
para 10 of his first witness statement dated 23 September 2013, the Security Service
wanted to explore “the various options around seizure and analysis of this material
and what police colleagues could do to assist with that process.”
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