W, R (on the application of) v Commissioner of Police for the Metropolis & Ors

W, R (on the application of) v Commissioner of Police for the Metropolis & Ors

Section 30(6) of the Anti-Social Behaviour Act 2003 confers a permissive, not coercive, power. It does not authorise the police or CSOs to use force to remove a child under 16 to their home. The absence of express provision for use of force, ancillary powers, or criminalisation of presence in a dispersal area, and the presumption against authorising tortious conduct, all indicate Parliament did not intend to confer a coercive power.

Parties
Claimant: W; First Defendant: Commissioner of Police for the Metropolis; Second Defendant: The London Borough of Richmond-upon-Thames; Interested Party: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
20 July 2005
Procedural Posture
Judicial Review / Judgment
Outcome
Application granted
Legal Topics
Statutory Interpretation, Police Powers Under Anti Social Behaviour Act 2003, Children's Rights, Use of Force by Police
Administrative Law Police Powers Children Law Statutory Interpretation Police Powers Under Anti Social Behaviour Act 2003 Children's Rights Use of Force by Police

Case Brief

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Parties

W

Claimant

Commissioner of Police for the Metropolis

First Defendant

The London Borough of Richmond-upon-Thames

Second Defendant

Secretary of State for the Home Department

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether section 30(6) of the Anti-Social Behaviour Act 2003 confers a coercive or permissive power to remove children under 16 from dispersal areas
  2. 2 Whether the police or CSOs have power to use force under section 30(6)
  3. 3 Compatibility of section 30(6) with common law and Convention rights

Ratio Decidendi

Section 30(6) of the Anti-Social Behaviour Act 2003 confers a permissive, not coercive, power. It does not authorise the police or CSOs to use force to remove a child under 16 to their home. The absence of express provision for use of force, ancillary powers, or criminalisation of presence in a dispersal area, and the presumption against authorising tortious conduct, all indicate Parliament did not intend to confer a coercive power.

Court Disposition

Application granted

Orders

  • Declaration that section 30(6) of the Anti-Social Behaviour Act 2003 does not confer on a constable in uniform or a police community support officer any power to use force in removing a person to his place of residence under the powers conferred by that sub-section.