Murray v Lancashire Constabulary

Murray v Lancashire Constabulary

The court held that, once it is established there is a serious question to be tried regarding the appellant's membership in a violent gang, the judge is entitled to impose interim injunctions restraining conduct attributable to the gang as a whole, not just the appellant's individual acts. The orders were not punitive but necessary and proportionate to prevent further gang-related violence. The power of arrest was justified given the seriousness of the violence and the need for prompt police action.

Parties
Appellant: Joshua James Murray; Respondent: Chief Constable of Lancashire Constabulary
Jurisdiction
England and Wales
Judgment Date
18 November 2015
Procedural Posture
Civil Appeal / Appeal Against Interim Injunction Order
Outcome
Appeal dismissed
Legal Topics
Interim Injunctions, Gang Related Violence, Proportionality of Orders, Power of Arrest, Article 6 ECHR
Civil Procedure Public Order Human Rights Interim Injunctions Gang Related Violence Proportionality of Orders Power of Arrest Article 6 ECHR

Case Brief

Summary, issues, holding and outcome

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Parties

Joshua James Murray

Appellant

Chief Constable of Lancashire Constabulary

Respondent

Procedural Posture

Civil Appeal / Appeal Against Interim Injunction Order

Legal Issues

  1. 1 Whether the interim injunctions imposed under the Policing and Crime Act 2009 were too broad and punitive rather than preventative
  2. 2 Whether the power of arrest attached to the injunction was necessary and proportionate
  3. 3 Whether the orders should be limited to conduct specifically attributed to the appellant

Ratio Decidendi

The court held that, once it is established there is a serious question to be tried regarding the appellant's membership in a violent gang, the judge is entitled to impose interim injunctions restraining conduct attributable to the gang as a whole, not just the appellant's individual acts. The orders were not punitive but necessary and proportionate to prevent further gang-related violence. The power of arrest was justified given the seriousness of the violence and the need for prompt police action.

Court Disposition

Appeal dismissed

Orders

  • Interim injunctions and power of arrest against the appellant to remain in force as ordered by the lower court.
  • Counsel to submit a re-draft of the exclusion zone order for consideration.