Mr. Miranda’s pending appeal to the UK Court of Appeals

Although the High Court concluded its Judgment by dismissing Mr. Miranda’s application for judicial review, on May 15, 2014, David Miranda received permission to appeal the judgment. The main reason for allowing the appeal was that the UK Supreme Court had decided to hear the case, Beghal v DPP, [2014] 2 WLR 150, [2013] EWHC 2573, on which the High Court in Mr. Miranda’s case had relied to find that the Schedule 7 powers are not overbroad and arbitrary and, therefore, do not violate the European Convention on Human Rights. It should be noted that Lord Justice Laws followed Beghal even though he was aware that UK Supreme Court had decided to hear the case.

Welcoming the decision to grant permission to appeal, Mr. Miranda’s solicitor highlighted the fact that the Court of Appeal “noted the importance of the issues and the compelling legal arguments raised in his case. We look forward to the appeal being heard as calls for reform of schedule 7 grow alongside concerns around the dangerous conflation of investigative journalism with terrorism which was starkly illustrated by Mr Miranda’s detention“.

The Court of Appeals was not expected to rule on Mr. Miranda’s case until the UK Supreme Court decided Beghal. On July 22, 2015, the UK Supreme Court dismissed the appeal in Beghal by a 4-1 majority, holding, among other things, that the powers to question and search under Schedule 7 of the UK Terrorism Act (2000) are “in accordance with the law” and not overbroad or arbitrary and, therefore, do not violate Article 8 of the ECHRBeghal v. Director of Public Prosecutions, [2015] UKSC 49, on appeal from [2013] EWHC 2573 [Admin.]  (Lord Hughes, delivering lead judgment; Lords Neuberger and Dyson, jointly concurring; Lord, Kerr, dissenting). 

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