Judgment Approved by the court for handing down.
Miranda v SSHD
9.
Det Supt Stokley wanted to initiate further inquiries to see whether Mr Miranda or
others had committed any criminal offences (including terrorist offences). He had a
meeting with the Ports Team SO 15 officers who were responsible for Schedule 7
stops. They agreed that the best way to achieve the objectives of both the Security
Service and SO 15 would be to conduct a port stop in this case. Det Supt Stokley then
addressed his mind as to how SO 15 “could articulate the justification for the
Schedule 7 stop in a way that was consistent with but also independent of the overall
joint operational objectives of the operation which had been set by the Security
Service” (para 20 of his first witness statement). It was decided that two levels of
authorisation were required. The first was a request from the Security Service asking
SO 15 to consider using police powers under Schedule 7 to conduct a port stop. The
second concerned the tactical aspects of the proposed stop which had to be agreed
between the examining officers and the Security Service.
10.
The first stage of the authorisation process was contained in the Security Service’s
National Security Justification (“the NSJ”), a document emanating from the Security
Service. The second stage was reflected in a Port Circulation Sheet (“PCS”) which
was completed by the Security Service following dialogue between the Security
Service and the Ports Officers. A PCS is a form of document used by inter alia the
Security Service to provide information to counter-terrorism police officers. Det Supt
Stokley said that it was only when both stages in the authorisation process had been
completed and the documents received that a port stop could take place. He saw his
focus as being to seek to determine whether Mr Miranda appeared to be a person who
was or had been concerned in the commission, preparation or instigation of acts of
terrorism (para 24 of his first statement). The acts of terrorism that he had in mind
when considering the justification for a Schedule 7 stop “were acts which endangered
life, created a serious risk to the safety of the public or were designed to seriously
disrupt an electronic system” (para 26).
11.
Some time on Friday 16 August 2013, Det Supt Stokley received the NSJ that his
commanding officer had requested from the Security Service. The redacted text
included the following:
“2... We strongly assess that MIRANDA is carrying items which will assist in
GREENWALD releasing more of the NSA and GCHQ material we judge to be in
GREENWALD’s possession. Open source research details the relationship between
POITRAS, GREENWALD and SNOWDEN which corroborates our assessment as to
the likelihood that GREENWALD has access to the protectively marked material
SNOWDEN possesses. Our main objectives against David MIRANDA are to
understand the nature of any material he is carrying, mitigate the risks to national
security that this material poses...
3. We are requesting that you exercise your powers to carry out a ports stop against
David MIRANDA...
4. We judge that a ports stop of David MIRANDA is the only way of mitigating the
risks posed by David MIRANDA to UK national security... Additionally there is a
substantial risk that David MIRANDA holds material which would be severely
damaging to UK national security interests. SNOWDEN holds a large volume of
GCHQ material which, if released, would have serious consequences for GCHQ’s
collection capabilities, as well as broader SIA operational activities, going
forwards...”
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