Hampshire Police Authority v Smith [2009] EWHC 174 (Admin) (12 February 2009)

Hampshire Police Authority v Smith [2009] EWHC 174 (Admin) (12 February 2009)

Section 6(2) of the Anti-Social Behaviour Act 2003 imposes a strict, unextendable 21-day time limit for issuing a notice of appeal against a closure order, and the Crown Court has no power to extend this period, as neither the statute nor the Crown Court Rules 1982 provide such authority.

Citation
[2009] EWHC 174 (Admin)
Parties
Appellant/claimant: Hampshire Police Authority; Respondent/defendant: Gail Smith
Jurisdiction
England and Wales
Judgment Date
12 February 2009
Procedural Posture
Appeal by Case Stated / Divisional Court Judgment on Appeal Against Crown Court Ruling
Outcome
Appeal allowed
Legal Topics
Appeals, Statutory Time Limits, Closure Orders, Extension of Time
Civil Procedure Administrative Law Appeals Statutory Time Limits Closure Orders Extension of Time

Case Brief

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Parties

Hampshire Police Authority

Appellant/claimant

Gail Smith

Respondent/defendant

Procedural Posture

Appeal by Case Stated / Divisional Court Judgment on Appeal Against Crown Court Ruling

Legal Issues

  1. 1 Whether the Crown Court has power to extend the 21-day time limit for appealing against a closure order under section 6(2) of the Anti-Social Behaviour Act 2003
  2. 2 Proper interpretation of section 6(2) of the Anti-Social Behaviour Act 2003 regarding the time for bringing an appeal
  3. 3 Applicability of Rule 7(5) of the Crown Court Rules 1982 to closure order appeals

Ratio Decidendi

Section 6(2) of the Anti-Social Behaviour Act 2003 imposes a strict, unextendable 21-day time limit for issuing a notice of appeal against a closure order, and the Crown Court has no power to extend this period, as neither the statute nor the Crown Court Rules 1982 provide such authority.

Court Disposition

Appeal allowed

Orders

  • Ruling of HH Judge Dixon that the Crown Court had power to extend time for appealing against a closure order is set aside
  • No power exists to extend the 21-day time limit for appealing under section 6(2) of the Anti-Social Behaviour Act 2003