Crocker v Devon And Cornwall Police

Crocker v Devon And Cornwall Police

The conjoint effect of section 84(5) of the 2014 Act and paragraph 7(2) of the 1982 Crown Court Rules is that notice of appeal must be given in writing to both the designated officer for the Magistrates’ Court and the other party within 21 days. Rule 7(5) of the Crown Court Rules applies, giving the Crown Court discretion to extend time for service. The decision in Hampshire Police Authority v Smith does not apply to the 2014 Act, as Parliament did not expressly remove the court’s procedural discretion.

Parties
Appellant: Kayleigh Crocker; Respondent: Devon and Cornwall Police; Interested Party: Plymouth City Council
Jurisdiction
England and Wales
Judgment Date
28 October 2020
Procedural Posture
Appeal by Way of Case Stated / High Court Judgment on Appeal From Crown Court
Outcome
appeal allowed
Legal Topics
Closure Orders, Appeal Time Limits, Extension of Time, Statutory Interpretation, Anti Social Behaviour
Civil Procedure Administrative Law Housing Law Closure Orders Appeal Time Limits Extension of Time Statutory Interpretation Anti Social Behaviour

Case Brief

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Parties

Kayleigh Crocker

Appellant

Devon and Cornwall Police

Respondent

Plymouth City Council

Interested Party

Procedural Posture

Appeal by Way of Case Stated / High Court Judgment on Appeal From Crown Court

Legal Issues

  1. 1 Whether the requirement for an appeal to be ‘made’ within 21 days under s84(5) of the Anti-Social Behaviour, Crime and Policing Act 2014 is satisfied by giving notice to the court only, or also requires service on the other party within that period
  2. 2 Whether Rule 7(5) of the Crown Court Rules 1982 applies to appeals against closure orders to allow the Crown Court discretion to extend time for appeal after expiry of the 21 day period

Ratio Decidendi

The conjoint effect of section 84(5) of the 2014 Act and paragraph 7(2) of the 1982 Crown Court Rules is that notice of appeal must be given in writing to both the designated officer for the Magistrates’ Court and the other party within 21 days. Rule 7(5) of the Crown Court Rules applies, giving the Crown Court discretion to extend time for service. The decision in Hampshire Police Authority v Smith does not apply to the 2014 Act, as Parliament did not expressly remove the court’s procedural discretion.

Court Disposition

appeal allowed

Orders

  • Questions answered as set out in the judgment
  • Matter remitted to the Crown Court at Plymouth to determine whether the appeal needs to be heard and, if so, whether to grant an extension of time and determine the appeal