Case Law, R (Miranda) v Secretary of State for the Home Department, Stop Powers under Terrorism Act incompatible with Article 10 – David Scott

27 01 2016

David Miranda 2On 19 January 2016 the Court of Appeal handed down judgment in R (on application of Miranda) v Secretary of State for the Home Department ([2016] EWCA Civ 6).  The case concerned David Miranda’s detention under the Terrorism Act 2000.  While upholding the lawfulness  of the detention in the immediate case, ruled that the stop powers under Schedule 7 of the Terrorism Act lack sufficient legal safeguards to be in line with Article 10. Read the rest of this entry »





Lord Justice Laws, Miranda and the Democratic Justification for Expression – Jacob Rowbottom

24 02 2014

David Miranda 2The Divisional Court’s decision in the David Miranda case has provoked much controversy and debate about freedom of the press and national security issues. About halfway through his judgment, Laws LJ makes a number of comments about the justifications for freedom of expression and media freedom. Read the rest of this entry »