Merseyside Police v Harrison & Anor [2006] EWHC 1106 (Admin) (07 April 2006)

Merseyside Police v Harrison & Anor [2006] EWHC 1106 (Admin) (07 April 2006)

The standard of proof for closure orders under section 2(3)(a) and (b) of the Anti-Social Behaviour Act 2003 is the civil standard (balance of probabilities), not the criminal standard, due to the nature and consequences of closure orders, the absence of direct allegations against individuals, and clear ministerial statements during the passage of the legislation.

Citation
[2006] EWHC 1106 (Admin)
Parties
Claimant: Chief Constable of Merseyside Police; Defendant: Harrison; Intervener: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
07 April 2006
Procedural Posture
Appeal by Way of Case Stated / Interlocutory Appeal From Crown Court Decision
Outcome
appeal allowed; decision of the Crown Court quashed; case remitted to the Crown Court
Legal Topics
Standard of Proof, Closure Orders, Anti Social Behaviour, Use of Hansard in Statutory Interpretation
Criminal Law Civil Procedure Public Law Standard of Proof Closure Orders Anti Social Behaviour Use of Hansard in Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Chief Constable of Merseyside Police

Claimant

Harrison

Defendant

Secretary of State for the Home Department

Intervener

Procedural Posture

Appeal by Way of Case Stated / Interlocutory Appeal From Crown Court Decision

Legal Issues

  1. 1 What is the standard of proof to be applied to paragraphs (a) and (b) of section 2(3) of the Anti-Social Behaviour Act 2003 in closure order proceedings?
  2. 2 Is resort to Hansard appropriate for determining Parliamentary intention regarding standard of proof?
  3. 3 Can submissions by counsel in a different case (McCann) be relied upon as evidence of Parliamentary intention for a different statute?

Ratio Decidendi

The standard of proof for closure orders under section 2(3)(a) and (b) of the Anti-Social Behaviour Act 2003 is the civil standard (balance of probabilities), not the criminal standard, due to the nature and consequences of closure orders, the absence of direct allegations against individuals, and clear ministerial statements during the passage of the legislation.

Court Disposition

appeal allowed; decision of the Crown Court quashed; case remitted to the Crown Court

Orders

  • Decision of the Crown Court quashed
  • Case remitted to the Crown Court