Why The UK Detention of Miranda Was Unlawful
Via Shayana Khadidal, this excellent post by Jack of Kent, who appears to be a British attorney, regarding the detention of David Miranda at Heathrow Airport The gist:
What section 40(1)(b) says:
So schedule 7 provides a limited power to question and a limited power to detain. Both the powers to question and to detain are conditional on the purpose of whether a person falls within section 40(1)(b) of the 2000 Act.
So the next question is fundamental – what does section 40(1)(b) say?
Section 40(1)(b) is a definition clause, and it provides the following definition of “terrorist”:
a person who…is or has been concerned in the commission, preparation or instigation of acts of terrorism.Section 40(1)(b) thereby is a limiting definition – the questioning (and any period of detention) under schedule 7 is for seeing if a person falls within this definition. Accordingly, any questioning (and any period of detention) which is not for this specified purpose is outside the scope of the provision. [Emphasis supplied.]
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