Commissioner of the Police of the Metropolis, R (on the application of) v Crown Court at Kingston-Upon-Thames

Commissioner of the Police of the Metropolis, R (on the application of) v Crown Court at Kingston-Upon-Thames

The Crown Court has jurisdiction to conduct a Closed Material Procedure in firearms licensing appeals under s.44 of the Firearms Act 1968 where necessary, as the statutory scheme and guidance require consideration of sensitive material, and Parliament's intention is that the court must have regard to all relevant information. The absence of express statutory provision does not preclude a CMP in these circumstances, and the preliminary ruling to the contrary was wrong in law.

Parties
Claimant: Commissioner of the Police of the Metropolis; Defendant: Crown Court at Kingston-Upon-Thames; Interested Party: Trevor Scott
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Judicial Review / Judgment After Full Hearing
Outcome
Claim allowed; preliminary ruling of the Crown Court quashed; matter remitted for rehearing.
Legal Topics
Closed Material Procedure, Firearms Licensing, Public Interest Immunity, Procedural Fairness, Statutory Interpretation
Administrative Law Criminal Law Licensing Law Closed Material Procedure Firearms Licensing Public Interest Immunity Procedural Fairness Statutory Interpretation

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Parties

Commissioner of the Police of the Metropolis

Claimant

Crown Court at Kingston-Upon-Thames

Defendant

Trevor Scott

Interested Party

Procedural Posture

Judicial Review / Judgment After Full Hearing

Legal Issues

  1. 1 Whether the Crown Court has jurisdiction to conduct a Closed Material Procedure (CMP) in a firearms licensing appeal under s.44 of the Firearms Act 1968.
  2. 2 Whether the absence of express statutory provision precludes a CMP in such appeals.
  3. 3 Whether the statutory guidance and legislative scheme imply the availability of CMP.

Ratio Decidendi

The Crown Court has jurisdiction to conduct a Closed Material Procedure in firearms licensing appeals under s.44 of the Firearms Act 1968 where necessary, as the statutory scheme and guidance require consideration of sensitive material, and Parliament's intention is that the court must have regard to all relevant information. The absence of express statutory provision does not preclude a CMP in these circumstances, and the preliminary ruling to the contrary was wrong in law.

Court Disposition

Claim allowed; preliminary ruling of the Crown Court quashed; matter remitted for rehearing.

Orders

  • The preliminary ruling of the Crown Court is quashed.
  • The appeal is remitted to the Crown Court for rehearing in accordance with the judgment and attached procedural guidance.