Bucknell v DPP [2006] EWHC 1888 (Admin) (10 July 2006)

Bucknell v DPP [2006] EWHC 1888 (Admin) (10 July 2006)

On the facts, the presence alone of well-behaved youths was not capable of giving rise to the necessary reasonable belief required by section 30(3); the conviction was not justified.

Citation
[2006] EWHC 1888 (Admin)
Parties
Claimant: Marc Bucknell; Defendant: DPP
Jurisdiction
England and Wales
Judgment Date
10 July 2006
Procedural Posture
Appeal by Way of Case Stated / Judgment
Outcome
appeal allowed
Legal Topics
Anti Social Behaviour, Police Powers, Reasonable Belief, Public Order, European Convention on Human Rights Article 11
Criminal Law Human Rights Anti Social Behaviour Police Powers Reasonable Belief Public Order European Convention on Human Rights Article 11

Case Brief

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Parties

Marc Bucknell

Claimant

DPP

Defendant

Procedural Posture

Appeal by Way of Case Stated / Judgment

Legal Issues

  1. 1 Whether the facts proved were capable of giving rise to the necessary reasonable belief by the constable under section 30(3) of the Anti-Social Behaviour Act 2003
  2. 2 Whether the conviction for knowingly contravening a dispersal direction was justified

Ratio Decidendi

On the facts, the presence alone of well-behaved youths was not capable of giving rise to the necessary reasonable belief required by section 30(3); the conviction was not justified.

Court Disposition

appeal allowed

Orders

  • conviction quashed
  • Justices not entitled to convict on the evidence heard