Judgment Approved by the court for handing down. Miranda v SSHD person committing the action) or creates a serious risk to the health or safety of the public or a section of the public; and (ii) the person publishing the material intends it to have that effect (or is reckless as to whether or not it has that effect), then the publication is an act of terrorism, provided, of course, that the conditions stated in section 1(1)(b) and (c) are satisfied. 56. I return to the publication of a blog that argues (on religious or political grounds) against the vaccination of children. On the interpretation which I would adopt, such a blogger would not be a terrorist even if his blog were judged to create a serious risk to public health, unless he intends his publication to create the risk (or is reckless as to whether his blog will have that effect). Likewise, on this interpretation the junior doctors mentioned at para 46 above would not be terrorists either. CONCLUSION ON THE FIRST AND SECOND GROUNDS OF APPEAL 57. For the reasons that I have given, the true and dominant purpose of the Schedule 7 stop of Mr Miranda was to give effect to the final PCS. I have rejected Mr Ryder’s submission that this was a “speculative” purpose. I have also rejected the literal interpretation of “terrorism” which was accepted by the Divisional Court. But the question remains whether the exercise of the power to stop was lawful on the facts of this case. It is necessary to repeat that Schedule 7 para 2(1) provides that an examining officer may question a person to whom the paragraph applies (and it is common ground that the paragraph did apply to Mr Miranda) “for the purpose of determining whether he appears to be a [terrorist]”. It is also relevant that para 2(4) provides that an examining officer may exercise this power “whether or not he has grounds for suspecting that a person [is a terrorist]”. 58. As we have seen, the final PCS stated: “We assess that MIRANDA is knowingly carrying material, the release of which would endanger people’s lives. Additionally, the disclosure or threat of disclosure is designed to influence a government, and is made for the purpose of promoting a political or ideological cause”. Mr Ryder submits that there is no suggestion that the Security Service or the MPS believed that Mr Miranda, Mr Greenwald, the Guardian or others in the press publishing the Snowden material were advancing a political cause. But Parliament has set the bar for the exercise of the Schedule 7 power at quite a low level. As Laws LJ put it at para 32 of his judgment, the power has been given to provide an opportunity for the ascertainment of the possibility that a traveller at a port may be concerned in the commission, preparation or instigation of an act of terrorism: see para 32 above. The evidence is that the terms of the PCS led DI Woodford to decide that the use of the stop power was “appropriate” (see para 17 above). It was not necessary for the MPS to have formed the view that the material would be released in order to advance a political cause. It was sufficient for them to have considered that it might be released for that purpose. On the facts of this case, therefore, I consider that the power was exercised for a lawful purpose. THE THIRD GROUND OF APPEAL: PROPORTIONALITY 59. Mr Ryder submits that the use of Schedule 7 power against Mr Miranda was an unjustified and disproportionate interference with his right to freedom of expression guaranteed by article 10 of the Convention. The proportionality principle is now well

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