Stannard v The Crown Prosecution Service (Rev 1) [2019] EWHC 84 (Admin) (23 January 2019)

Stannard v The Crown Prosecution Service (Rev 1) [2019] EWHC 84 (Admin) (23 January 2019)

A defendant prosecuted for breach of a Community Protection Notice under the Anti-social Behaviour, Crime and Policing Act 2014 cannot challenge the validity of the CPN as a defence at trial. The statutory scheme provides an adequate remedy through a statutory appeal and judicial review. The CPN is binding unless and until varied or discharged by an authorised person or quashed on appeal or judicial review. The Magistrates' Court is not required to consider the reasonableness or legality of the CPN when dealing with an alleged breach.

Citation
[2019] EWHC 84 (Admin)
Parties
Appellant: Kieron Stannard; Respondent: The Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
23 January 2019
Procedural Posture
Appeal by Way of Case Stated (criminal) / High Court (divisional Court) Judgment on Appeal From Magistrates' Court
Outcome
Appeal dismissed
Legal Topics
Community Protection Notices, Statutory Interpretation, Public Law Defences, Judicial Review, Appeals Process
Criminal Law Administrative Law Public Law Community Protection Notices Statutory Interpretation Public Law Defences Judicial Review Appeals Process

Case Brief

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Parties

Kieron Stannard

Appellant

The Crown Prosecution Service

Respondent

Procedural Posture

Appeal by Way of Case Stated (criminal) / High Court (divisional Court) Judgment on Appeal From Magistrates' Court

Legal Issues

  1. 1 Whether a defendant prosecuted for breach of a Community Protection Notice (CPN) can challenge the validity of the CPN as a defence at trial
  2. 2 Whether the prosecution must prove the validity of the CPN in breach proceedings
  3. 3 Whether the Magistrates' Court must consider the reasonableness or legality of the CPN when dealing with an alleged breach

Ratio Decidendi

A defendant prosecuted for breach of a Community Protection Notice under the Anti-social Behaviour, Crime and Policing Act 2014 cannot challenge the validity of the CPN as a defence at trial. The statutory scheme provides an adequate remedy through a statutory appeal and judicial review. The CPN is binding unless and until varied or discharged by an authorised person or quashed on appeal or judicial review. The Magistrates' Court is not required to consider the reasonableness or legality of the CPN when dealing with an alleged breach.

Court Disposition

Appeal dismissed

Orders

  • Appeal by way of case stated dismissed
  • District Judge's conviction of the appellant for breach of CPN upheld