PW, R (on the application of) v Commissioner of Police for the Metropolis & Anor

PW, R (on the application of) v Commissioner of Police for the Metropolis & Anor

Section 30(6) of the Anti-social Behaviour Act 2003 confers on police the power to remove persons under 16 to their place of residence using reasonable force if necessary, but only for the statutory purposes of protecting children from or preventing their participation in anti-social behaviour within a designated dispersal area at night. The power is not arbitrary, does not create a curfew effect, and is compatible with Convention rights. The claimant lacked standing as he was never removed under the provision.

Parties
Claimant/respondent: W (by his parent and litigation friend PW); First Defendant/appellant: Commissioner of Police for the Metropolis; Second Defendant: London Borough of Richmond-upon-Thames; Interested Party/appellant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
11 May 2006
Procedural Posture
Judicial Review / Appeal From Divisional Court to Court of Appeal
Outcome
Appeal allowed; claim for judicial review dismissed.
Legal Topics
Anti Social Behaviour, Statutory Interpretation, Children's Rights, Judicial Review, Use of Force by Police
Public Law Human Rights Law Police Powers Anti Social Behaviour Statutory Interpretation Children's Rights Judicial Review Use of Force by Police

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Parties

W (by his parent and litigation friend PW)

Claimant/respondent

Commissioner of Police for the Metropolis

First Defendant/appellant

London Borough of Richmond-upon-Thames

Second Defendant

Secretary of State for the Home Department

Interested Party/appellant

Procedural Posture

Judicial Review / Appeal From Divisional Court to Court of Appeal

Legal Issues

  1. 1 Does section 30(6) of the Anti-social Behaviour Act 2003 confer a coercive power on police to remove persons under 16 to their place of residence using reasonable force?
  2. 2 Is section 30(6) compatible with Convention rights under the Human Rights Act 1998?
  3. 3 Does section 30(6) create an unlawful 'curfew effect' for children under 16 in dispersal areas?

Ratio Decidendi

Section 30(6) of the Anti-social Behaviour Act 2003 confers on police the power to remove persons under 16 to their place of residence using reasonable force if necessary, but only for the statutory purposes of protecting children from or preventing their participation in anti-social behaviour within a designated dispersal area at night. The power is not arbitrary, does not create a curfew effect, and is compatible with Convention rights. The claimant lacked standing as he was never removed under the provision.

Court Disposition

Appeal allowed; claim for judicial review dismissed.

Orders

  • Divisional Court's order and declaration quashed.
  • Claim for judicial review dismissed.