Merseyside Police v Harrison & Anor

Merseyside Police v Harrison & Anor

The appropriate 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. Closure orders differ materially from Anti-Social Behaviour Orders in seriousness, duration, and focus, and Parliamentary intention as evidenced by ministerial statements supports the civil standard.

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 to High Court
Outcome
appeal allowed; decision of the Crown Court quashed; case remitted to the Crown Court; no order as to costs
Legal Topics
Standard of Proof, Closure Orders, Anti Social Behaviour Act 2003, Use of Hansard in Statutory Interpretation
Civil Procedure Criminal Law Public Law Standard of Proof Closure Orders Anti Social Behaviour Act 2003 Use of Hansard in Statutory Interpretation

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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 to High Court

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 it appropriate to use Hansard to interpret the statute's intention regarding standard of proof?
  3. 3 Can submissions made by counsel for the Secretary of State in McCann be relied upon as evidence of Parliamentary intention for a different statute?

Ratio Decidendi

The appropriate 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. Closure orders differ materially from Anti-Social Behaviour Orders in seriousness, duration, and focus, and Parliamentary intention as evidenced by ministerial statements supports the civil standard.

Court Disposition

appeal allowed; decision of the Crown Court quashed; case remitted to the Crown Court; no order as to costs

Orders

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