Monday, 2 September 2013

Miranda 6 ~ Hearing of 30th August

The David Miranda case returned to the High Court on Thursday 30th August.  Barrister Carl Gardner covers the hearing on his Head of Legal blog - R (Miranda) v Home Secretary: today's hearing and varied consent order.

At the hearing, Matthew Ryder QC (for David Miranda) explained that agreement had been reached to continue the interim injunction on the same terms as previously and also to permit the defendants to inspect the detained material for the purpose of investigating offences under section 58 and section 58A of the Terrorism Act 2000, and offences under the Official Secrets Acts 1911 and 1989.

Hence, until
the judicial review or further order, the government and the police may not inspect, copy, disclose, transfer, distribute (whether domestically within the UK or to any foreign government or agency) or otherwise interfere with the material obtained from David Miranda under Schedule 7 of the Terrorism Act 2000, except:
  • for the purposes of investigating whether David Miranda is or has been concerned in the commission, preparation or instigation of acts of terrorism.
  • for the purposes of investigating whether he has committed offences under section 58 and section 58A of the Terrorism Act 2000, and offences under the Official Secrets Acts 1911 and 1989, and
  • for the purposes of protecting national security, including protecting lives and preventing the diminution of the UK’s national security capability.
The agreed position seems to avoid, at least for now, the problem of interpreting the Terrorism Act 2000 Schedule 7 para 11(2) which sets down position regarding detention of property obtained under Schedule 7.

11(1) This paragraph applies to anything which -

(a) is given to an examining officer in accordance with paragraph 5(d),

(b) is searched or found on a search under paragraph 8, or

(c) is examined under paragraph 9.

11(2) An examining officer may detain the thing -

(a) for the purpose of examination, for a period not exceeding seven days beginning with the day on which the detention commences,

(b) while he believes that it may be needed for use as evidence in criminal proceedings, or

(c) while he believes that it may be needed in connection with a decision by the Secretary of State whether to make a deportation order under the M1Immigration Act 1971.

The conditions in para 11(2) appear to be alternatives so that if the examining officer believes that the 'thing' may be needed as evidence in criminal proceedings then it may be detained beyond the 7 days.    Paragraph 11 is discussed in some detail in a post by Carl Gardner - The 'Miranda' material - 23rd August 2013

Previous posts:

Detention of David Miranda - is this a misuse of State power?

Miranda 2 - The Code of Practice

Miranda 3 - Amendments to the law are already coming

Miranda 4 - Legal Action

Miranda 5 - Hearing in the High Court

Addendum 31st October:

A hearing in the High Court of 30th October is reported by Carl Gardner (Head of Legal blog) - R (Miranda) v Home Secretary: today's hearing

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