Cumbria Constabulary v Wright & Anor

Cumbria Constabulary v Wright & Anor

Section 2(3)(b) of the Anti-Social Behaviour Act 2003 requires that the use of the premises in connection with the unlawful use, production or supply of a class A controlled drug is associated with the occurrence of disorder or serious nuisance to the public; the Guidance is persuasive only; and evidence is not limited to the three-month period but must establish a current state of affairs justifying an order.

Parties
Appellant: Chief Constable of Cumbria Constabulary; Respondent: Marc Wright; Respondent: Fiona Wood
Jurisdiction
England and Wales
Judgment Date
20 November 2006
Procedural Posture
Appeal by Way of Case Stated / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Closure Orders, Anti Social Behaviour, Statutory Interpretation, Drug Related Offences
Criminal Law Public Law Closure Orders Anti Social Behaviour Statutory Interpretation Drug Related Offences

Case Brief

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Parties

Chief Constable of Cumbria Constabulary

Appellant

Marc Wright

Respondent

Fiona Wood

Respondent

Procedural Posture

Appeal by Way of Case Stated / Judgment on Appeal

Legal Issues

  1. 1 Whether section 2(3)(b) of the Anti-Social Behaviour Act 2003 requires a causal link between drug-related use and disorder or nuisance
  2. 2 The weight to be given to Home Office Guidance in interpreting the Act
  3. 3 Whether evidence of disorder or nuisance must fall within the three-month 'relevant period'

Ratio Decidendi

Section 2(3)(b) of the Anti-Social Behaviour Act 2003 requires that the use of the premises in connection with the unlawful use, production or supply of a class A controlled drug is associated with the occurrence of disorder or serious nuisance to the public; the Guidance is persuasive only; and evidence is not limited to the three-month period but must establish a current state of affairs justifying an order.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Assessment of Appellant's publicly-funded costs