Judgment Approved by the court for handing down.
Miranda v SSHD
Master of the Rolls:
INTRODUCTION
1.
I cannot improve on the introduction to the judgment of Laws LJ (with which Ouseley
and Openshaw JJ agreed). He said:
“1. This case arises from the detention of the claimant by
officers of the Metropolitan Police at Heathrow Airport on 18
August 2013, purportedly under paragraph 2(1) of Schedule 7
to the Terrorism Act 2000. He was questioned and items in his
possession, notably encrypted storage devices, were taken from
him. He says that all this was done without any legal authority.
2. The claim raises three questions. The first is whether, on the
facts of the case, the power conferred by para 2(1) of Schedule
7 to the Terrorism Act 2000 to stop and question a person at a
port or border area for the purpose of determining whether he
appears to be “concerned in the commission, preparation or
instigation of acts of terrorism” allowed the police to stop Mr
Miranda on 18 August. The second is whether, if it did, the use
of the power was nevertheless disproportionate to any
legitimate aim. The third is whether upon its true construction
the para 2(1) power is repugnant to the right of freedom of
expression guaranteed by Article 10 of the European
Convention on Human Rights and Fundamental Freedoms (“the
Convention”).
THE TERRORISM ACT 2000 (“TACT”)
2.
Section 1 provides:
“(1) In this Act ‘terrorism’ means the use or threat of action where—
(a) the action falls within subsection (2),
(b) the use or threat is designed to influence the government or an international
governmental organisation or to intimidate the public or a section of the public, and
(c) the use or threat is made for the purpose of advancing a political, religious, racial or
ideological cause.
(2) Action falls within this subsection if it—
(a) involves serious violence against a person,
(b) involves serious damage to property,
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