Judgment Approved by the court for handing down.
Miranda v SSHD
unacceptable consequences of the literal interpretation, examples of which I have
mentioned above.
51.
To a large extent, I accept Mr Ryder’s submissions. First, the literal interpretation
involves according to the word “terrorism” a meaning which is far removed from its
ordinary meaning. The submission which I have summarised at para 48 above is a
powerful one. But I accept that it is not decisive. Secondly, the fact that the literal
interpretation potentially gives rise to unpalatable consequences of the kind that I
have described raises a serious question as to whether it can have been intended by
Parliament. It is true that it is most unlikely in the real world that measures of the
extreme kind described at para 47 above would actually be taken against someone
seeking to publish an article, at any rate unless they intended the publication to
seriously endanger life (or were reckless as to whether it would have that effect). But
the fact that these ancillary offences and powers exist is relevant to what Parliament
must be taken to have intended acts of terrorism to mean. Thirdly, the interpretation
does not reflect the aim and intention of the promoters of the Bill as expressed to
Parliament.
52.
In my view, these three factors when taken together provide a powerful reason for
rejecting the literal interpretation. The question remains, however, how as a matter of
analysis and construction one can arrive at the interpretation for which Mr Ryder
contends.
53.
I would approach the matter in this way. Three categories of action are described in
section 1(2). The first is action falling within section 1(2)(a) and (b). This is the only
category which is defined exclusively by reference to the nature of the action itself. It
is not an ordinary use of language to describe a person as being “involved” in
violence or damage to property if he is not aware that he is being so involved or if
what he does is accidental. On this point, I respectfully disagree with what Laws LJ
said at para 29 of his judgment (see para 40 above). The second category is action
falling within section 1(2)(c) and (d). This is defined by reference to the
consequences of the action: endangering a person’s life and creating a serious risk to
health or safety. The third category is action falling within section 1(2)(e). This is
action which is defined by reference to its aim: action which is designed seriously to
interfere with or disrupt an electronic system.
54.
The third category of action is, therefore, clearly defined by reference to the state of
mind of the actor. For the reasons that I have given, I consider that the first category
of action must also be considered as importing a mental element. I accept that, on a
literal interpretation, the second category could include acts which endanger a
person’s life even if the actor is not aware that they do. But such an interpretation
would dispense with the need for a mental element in the second category, whereas it
is required in the first and third categories. It is unlikely that Parliament would have
intended to make such a distinction between the three categories. If Parliament had
intended to provide that a person commits an act of terrorism where he unwittingly or
accidentally does something which in fact endangers another person’s life, I would
have expected that, in view of the serious consequences of classifying a person as a
terrorist, it would have spelt this out clearly.
55.
It does not follow that publication of material cannot amount to an act of terrorism. If
(i) the material that is published endangers a person’s life (other than that of the
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