Tuesday, 5 November 2013
The Home Secretary’s defence in the Miranda judicial review
The Home Secretary’s defence in the Miranda judicial review | Head of Legal: "The government argues that any interference was proportionate to those aims in view of the lack of alternatives to the use of Schedule 7, the urgency and gravity of the situation and the narrow time window the police had in which to act. A key plank of its argument is that this is not a case involving an attempt to identify journalists’ sources, unlike the Sanoma Uitgevers case relied on by the claimants. While in such cases the European Court of Human Rights gives strong protection to those sources, in this type of case, which simply involves the normal application of security provisions in a way that happens to impact upon someone working with journalists, no special protection is given. In particular, the case law makes clear that no prior judicial or independent scrutiny is required before documents are detained." 'via Blog this'