Miranda detention, passwords given up
zenadsl6186 at zen.co.uk
Tue Aug 20 16:53:40 BST 2013
A little off-topic perhaps, although according to El Reg:
(El Reg unfortunately seems to be a little less accurate these days)
apparently Miranda gave up the passwords to his laptop and mobile,
perhaps after being required to under Part 3 of RIPA.
Or perhaps he was forced to give up his passwords under paragraph 5 of
Schedule 7 of the Terrorism Act, which says:
"A person who is questioned under paragraph 2 or 3 must—(a)give the
examining officer any information in his possession which the officer
Presumably that information includes any keys in his possession, but the
penalty here is only 3 months, rather than 2 - or 5 - years under RIPA.
Anyway, I was looking at paragraph 2 of Schedule 7 of the Terrorism Act
2000, and saw that apart from some Northern-Ireland-specific stuff, the
only purpose for which a person can be questioned (or detained) under
Schedule 7 of the Terrorism Act 2000 is
"for the purpose of determining whether he appears to be a person
falling within section 40(1)(b)"
i.e. whether he appears to be
"a person who ... is or has been concerned in the commission,
preparation or instigation of acts of terrorism."
As far as I can tell, what reportedly happened to Miranda isn't anywhere
Scotland Yard claim it was lawful, but I can't see how it could be.
Any lawyers care to comment?
-- Peter Fairbrother
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