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UK: Terrorism Act incompatible with human rights, court rules in David Miranda case

19 January 2016

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"Appeal court says detention of Miranda was lawful but clause under which he was held is incompatible with European human rights convention.

A key clause in the Terrorism Act 2000 is incompatible with the European convention on human rights, the master of the rolls, Lord Dyson, has declared as part of a court of appeal judgment. His judgment came in the case of a man detained at Heathrow airport for carrying files related to information obtained by the US whistleblower Edward Snowden.

Dyson’s decision will force government ministers to re-examine the act, which has now been found to be inconsistent with European law. Dyson said that the powers contained in schedule 7 of the Terrorism Act (2000) were flawed. Schedule 7 of the Act allows travellers to be questioned in order to find out whether they appear to be terrorists. They have no right to remain silent or receive legal advice, and they may be detained for up to nine hours. “The stop power, if used in respect of journalistic information or material is incompatible with article 10 [freedom of expression] of the [European convention on human rights] because it is not ‘prescribed by law’,” the master of the rolls said."

See the article: Terrorism Act incompatible with human rights, court rules in David Miranda case (Guardian, link)

And see: Press release: Summary: The Queen on the application of David Miranda -v- Secretary of State for the Home Department (pdf) and: Judgment: full-text (pdf)

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