Law and Rights
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:
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
- Northern Viewpoint ~ Tuesday Round Up
Legal aid: The recent legal aid (2nd) consultation (Transforming legal aid: next steps) has ended and the response from the Ministry of Justice is awaited. Some of the contributions to the consultation are collated on my earlier post. Maura...
- Miranda 5 ~ Hearing In The High Court
Update 23rd August 2013 - Judgment Updated at 1700 BST on 22nd August This morning, the High Court heard an application on behalf of David Miranda for an interim injunction. The case was before Lord Justice Beatson and Mr Justice Kenneth Parker....
- Miranda 4 ~ Legal Action ~ Updated 21st August
Updated post - with more information about the legal action being taken by Mr Miranda Matrix Chambers have announced that they have been instructed to act for David Miranda in a legal action - Matrix Chambers news. The brief announcement states:...
- Miranda 2 ~ The Code Of Practice
David Miranda's detention (Previous Post) for 9 hours under Schedule 7 of the Terrorism Act 2000 prompted a huge outcry over 'gross misuse' of terror laws - The Guardian 19th August. This post takes a look at the Examining...
- Detention Of David Miranda - Is This A Disturbing Use Of State Power?
BBC 19th August - David Miranda detention: MP asks for explanation and see Cameron proves Greenwald right. A new week opens with a disturbing story about the use of Schedule 7 of the Terrorism Act. The Guardian - Glenn Greenwald: detaining my partner...
Law and Rights
Miranda 6 ~ Hearing of 30th August
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.
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
- Northern Viewpoint ~ Tuesday Round Up
Legal aid: The recent legal aid (2nd) consultation (Transforming legal aid: next steps) has ended and the response from the Ministry of Justice is awaited. Some of the contributions to the consultation are collated on my earlier post. Maura...
- Miranda 5 ~ Hearing In The High Court
Update 23rd August 2013 - Judgment Updated at 1700 BST on 22nd August This morning, the High Court heard an application on behalf of David Miranda for an interim injunction. The case was before Lord Justice Beatson and Mr Justice Kenneth Parker....
- Miranda 4 ~ Legal Action ~ Updated 21st August
Updated post - with more information about the legal action being taken by Mr Miranda Matrix Chambers have announced that they have been instructed to act for David Miranda in a legal action - Matrix Chambers news. The brief announcement states:...
- Miranda 2 ~ The Code Of Practice
David Miranda's detention (Previous Post) for 9 hours under Schedule 7 of the Terrorism Act 2000 prompted a huge outcry over 'gross misuse' of terror laws - The Guardian 19th August. This post takes a look at the Examining...
- Detention Of David Miranda - Is This A Disturbing Use Of State Power?
BBC 19th August - David Miranda detention: MP asks for explanation and see Cameron proves Greenwald right. A new week opens with a disturbing story about the use of Schedule 7 of the Terrorism Act. The Guardian - Glenn Greenwald: detaining my partner...