Director of Public Prosecutions v L & Anor

Director of Public Prosecutions v L & Anor

An authorisation under section 30 of the Anti-Social Behaviour Act 2003 may lawfully specify a locality as consisting of multiple non-contiguous zones, provided they sensibly amount to a locality. Police Constable Hemmings had power to exclude the respondents from all six zones for up to 24 hours, and reasonable grounds for belief may be based on local knowledge and authorisation notice.

Parties
Claimant: Director of Public Prosecutions; Defendant: L; Defendant: N
Jurisdiction
England and Wales
Judgment Date
19 May 2005
Procedural Posture
Criminal / Appeal From Preliminary Ruling (case Stated)
Outcome
Case remitted to the West Hertfordshire Youth Court for reconsideration by a differently constituted bench.
Legal Topics
Anti Social Behaviour, Police Powers, Dispersal Orders, Statutory Interpretation
Criminal Law Administrative Law Anti Social Behaviour Police Powers Dispersal Orders Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

Director of Public Prosecutions

Claimant

L

Defendant

N

Defendant

Procedural Posture

Criminal / Appeal From Preliminary Ruling (case Stated)

Legal Issues

  1. 1 Whether an authorisation under section 30 of the Anti-Social Behaviour Act 2003 can lawfully specify a locality as consisting of multiple non-contiguous zones
  2. 2 Whether a police constable has power to exclude individuals from all such zones for up to 24 hours
  3. 3 What constitutes reasonable grounds for belief under section 30(3)

Ratio Decidendi

An authorisation under section 30 of the Anti-Social Behaviour Act 2003 may lawfully specify a locality as consisting of multiple non-contiguous zones, provided they sensibly amount to a locality. Police Constable Hemmings had power to exclude the respondents from all six zones for up to 24 hours, and reasonable grounds for belief may be based on local knowledge and authorisation notice.

Court Disposition

Case remitted to the West Hertfordshire Youth Court for reconsideration by a differently constituted bench.

Orders

  • Remit case to West Hertfordshire Youth Court for reconsideration in accordance with this judgment.