Chief Constable of Lancashire v Potter

Chief Constable of Lancashire v Potter

The court determined that it was desirable to have arguments from both sides before resolving the issues, given their general and local importance, and adjourned the appeal to ensure proper representation for the respondent.

Parties
Claimant: Chief Constable of Lancashire; Respondent: Lisa Potter
Jurisdiction
England and Wales
Judgment Date
24 January 2003
Procedural Posture
Appeal by Way of Case Stated / Adjournment Pending Further Representation
Outcome
appeal adjourned
Legal Topics
Anti Social Behaviour Orders, Burden of Proof, Hearsay Evidence, Prostitution
Criminal Law Public Order Anti Social Behaviour Orders Burden of Proof Hearsay Evidence Prostitution

Case Brief

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Parties

Chief Constable of Lancashire

Claimant

Lisa Potter

Respondent

Procedural Posture

Appeal by Way of Case Stated / Adjournment Pending Further Representation

Legal Issues

  1. 1 construction of section 1 of the Crime and Disorder Act 1988
  2. 2 meaning of 'likely to cause harassment'
  3. 3 appropriate burden of proof under section 1(1)(a)

Ratio Decidendi

The court determined that it was desirable to have arguments from both sides before resolving the issues, given their general and local importance, and adjourned the appeal to ensure proper representation for the respondent.

Court Disposition

appeal adjourned

Orders

  • copy of judgment to be sent to Inghams
  • Inghams to set out present position