Jason Beer QC successful in Miranda judicial review – exercise of powers under Sch 7 of the Terrorism Act 2000

The Divisional Court (Laws LJ; Ousely and Openshaw JJ) today handed down judgment in R (Miranda) v (1) Secretary of State for the Home Department and (2) Commissioner of Police of the Metropolis [2014] EWHC 255 (Admin).

Mr Miranda was stopped, detained, questioned, and searched, on 18th August 2013 at HeathrowAirport by officers of the Metropolitan Police pursuant to powers in Schedule 7 of the Terrorism Act 2000.  He was carrying data stolen from the National Security Agency by Edward Snowden, intending to pass it to a Guardian journalist in Brazil, Glenn Greenwald.  Mr Miranda challenged the exercise of these powers, and the legality of the powers themselves, on three grounds: (1) that the powers were exercised for an improper purpose that is a purpose not permitted by the statute; (2) that the use of the constituted a disproportionate interference with his right to freedom of expression provided for by Art.19 of the ECHR ; and (3) the powers themselves are incompatible with the rights guaranteed by Ar,10 ECHR.

The Divisional Court unanimously dismissed the claim on all grounds, refused permission to appeal, and ordered Mr Miranda to pay the defendants’ costs.

Jason acted on behalf of the Commissioner of Police.

The judgment is: here

See also: BBC news; Guardian; and Telegraph