Chief Constable of the West Midlands Police, R (on the application of) v Gonzales & Ors [2002] EWHC 1087 (Admin) (30th May, 2002)

Chief Constable of the West Midlands Police, R (on the application of) v Gonzales & Ors [2002] EWHC 1087 (Admin) (30th May, 2002)

The Chief Constable may delegate the functions under section 1 of the Crime and Disorder Act 1998 to any officer he judges suitable; there is no statutory requirement that only officers of superintendent rank or above may exercise these functions, nor that consultation and application must be carried out at the same level of hierarchy.

Citation
[2002] EWHC 1087 (Admin)
Parties
Claimant: The Chief Constable of the West Midlands Police; Defendant: Birmingham Justices; Interested Party: Phidel Gonzales; Interested Party: Nathaniel Pool; Interested Party: Anthony Dolan; Interested Party: Linton Millard; Interested Party: Jermaine Reid
Jurisdiction
England and Wales
Procedural Posture
Judicial Review / Judgment on Application to Quash District Judge's Dismissal of ASBO Applications
Outcome
application granted
Legal Topics
Delegation of Statutory Powers, Anti Social Behaviour Orders, Procedural Irregularity, Judicial Review, Police Powers
Public Law Criminal Law Administrative Law Delegation of Statutory Powers Anti Social Behaviour Orders Procedural Irregularity Judicial Review Police Powers

Case Brief

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Parties

The Chief Constable of the West Midlands Police

Claimant

Birmingham Justices

Defendant

Phidel Gonzales

Interested Party

Nathaniel Pool

Interested Party

Anthony Dolan

Interested Party

Linton Millard

Interested Party

Jermaine Reid

Interested Party

Procedural Posture

Judicial Review / Judgment on Application to Quash District Judge's Dismissal of ASBO Applications

Legal Issues

  1. 1 Whether the Chief Constable's statutory powers under section 1 of the Crime and Disorder Act 1998 can be delegated and to whom
  2. 2 Whether consultation under section 1(2) must be carried out by an officer of a particular rank
  3. 3 Whether procedural irregularity in delegation or consultation renders proceedings void

Ratio Decidendi

The Chief Constable may delegate the functions under section 1 of the Crime and Disorder Act 1998 to any officer he judges suitable; there is no statutory requirement that only officers of superintendent rank or above may exercise these functions, nor that consultation and application must be carried out at the same level of hierarchy.

Court Disposition

application granted

Orders

  • The decision of the District Judge to dismiss the five ASBO applications is quashed.
  • The District Judge is directed to continue the hearing.