Langley v Preston Crown Court & Ors

On the true construction of s.4 of the Crime and Disorder Act 1998, there is no right of appeal to the Crown Court against a magistrates’ court's decision to vary or discharge an ASBO. The absence of such a right does not violate Article 6 of the ECHR.

Parties: Claimant: Ashley Langley; Defendant: Preston Crown Court; First Interested Party: West Lancashire District Council; Second Interested Party: The Secretary of State for Justice
Jurisdiction: England and Wales
Judgment Date: 30 October 2008
Procedural Posture: Judicial Review / Judgment
Outcome: Application for judicial review refused
Legal Topics: Anti Social Behaviour Orders (asbos), Right of Appeal, Judicial Review, Article 6 ECHR

Civil Procedure Administrative Law Human Rights Anti Social Behaviour Orders (asbos) Right of Appeal Judicial Review Article 6 ECHR

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Parties

Ashley Langley

Claimant

Preston Crown Court

Defendant

West Lancashire District Council

First Interested Party

The Secretary of State for Justice

Second Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

1 Whether there is a right of appeal to the Crown Court against a magistrates’ court's variation of a 'stand alone' ASBO under s.4 of the Crime and Disorder Act 1998
2 Whether the absence of such a right of appeal violates Article 6 of the European Convention on Human Rights

Ratio Decidendi

Court Disposition

Application for judicial review refused

Orders

No right of appeal to the Crown Court against a magistrates’ court's variation or discharge of an ASBO
No violation of Article 6 ECHR