PW, R (on the application of) v Commissioner of Police for the Metropolis & Anor [2006] EWCA Civ 458 (11 May 2006)

PW, R (on the application of) v Commissioner of Police for the Metropolis & Anor [2006] EWCA Civ 458 (11 May 2006)

Section 30(6) of the Anti-social Behaviour Act 2003 authorises the use of reasonable force by police to remove a person under 16 to their place of residence if necessary, but the power is not arbitrary and is constrained by statutory safeguards. The provision does not create a general curfew effect, and the claimant lacked standing as a victim since the power was never used against him.

Citation
[2006] EWCA Civ 458
Parties
Claimant/respondent: W (by his parent and litigation friend PW); First Defendant/appellant: Commissioner of Police for the Metropolis; Second Defendant: The 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; Divisional Court's order and declaration quashed; claim for judicial review dismissed.
Legal Topics
Statutory Interpretation, Police Powers of Removal, Children's Rights, Anti Social Behaviour, Human Rights Act 1998, Curfew Powers
Public Law Human Rights Law Police Powers Administrative Law Statutory Interpretation Police Powers of Removal Children's Rights Anti Social Behaviour +2 more

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Parties

W (by his parent and litigation friend PW)

Claimant/respondent

Commissioner of Police for the Metropolis

First Defendant/appellant

The 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 Whether section 30(6) of the Anti-social Behaviour Act 2003 authorises the use of reasonable force by police to remove persons under 16 to their place of residence
  2. 2 Whether section 30(6) has a 'curfew effect' infringing Convention rights
  3. 3 Whether the claimant had standing as a 'victim' under the Human Rights Act 1998

Ratio Decidendi

Section 30(6) of the Anti-social Behaviour Act 2003 authorises the use of reasonable force by police to remove a person under 16 to their place of residence if necessary, but the power is not arbitrary and is constrained by statutory safeguards. The provision does not create a general curfew effect, and the claimant lacked standing as a victim since the power was never used against him.

Court Disposition

Appeal allowed; Divisional Court's order and declaration quashed; claim for judicial review dismissed.

Orders

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