Mills, R (on the application of) v Birmingham Magistrates Court

Mills, R (on the application of) v Birmingham Magistrates Court

The facts of the theft did not amount to behaviour likely to cause harassment, alarm or distress within the meaning of section 1C of the Crime and Disorder Act 1998. The Anti-Social Behaviour Order was therefore ultra vires and must be quashed.

Parties
Claimant: Claire Louise Mills; Defendant: Birmingham Magistrates Court; Interested Party: Director of Public Prosecutions (Crown Prosecution Service)
Jurisdiction
England and Wales
Judgment Date
11 October 2005
Procedural Posture
Judicial Review / Judgment
Outcome
Application for judicial review allowed; Anti-Social Behaviour Order quashed.
Legal Topics
Anti Social Behaviour Orders, Judicial Review, Proportionality, Ultra Vires, Costs
Criminal Law Administrative Law Human Rights Anti Social Behaviour Orders Judicial Review Proportionality Ultra Vires Costs

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Parties

Claire Louise Mills

Claimant

Birmingham Magistrates Court

Defendant

Director of Public Prosecutions (Crown Prosecution Service)

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the circumstances of the theft constituted anti-social behaviour under section 1C of the Crime and Disorder Act 1998
  2. 2 Whether the Anti-Social Behaviour Order was ultra vires and/or perverse
  3. 3 Whether the order was disproportionate in scope

Ratio Decidendi

The facts of the theft did not amount to behaviour likely to cause harassment, alarm or distress within the meaning of section 1C of the Crime and Disorder Act 1998. The Anti-Social Behaviour Order was therefore ultra vires and must be quashed.

Court Disposition

Application for judicial review allowed; Anti-Social Behaviour Order quashed.

Orders

  • Anti-Social Behaviour Order quashed.
  • Claimant awarded costs against the Director of Public Prosecutions (Crown Prosecution Service), subject to detailed assessment if not agreed.