Securiplan Plc & Ors, R (on the application of) v Security Industry Authority & Anor

Securiplan Plc & Ors, R (on the application of) v Security Industry Authority & Anor

The Security Industry Authority has the power to prosecute offences under the Private Security Industry Act 2001 as such power is incidental or conducive to its statutory functions, but the High Court has no jurisdiction to entertain the application due to section 29(3) of the Supreme Court Act 1981, and permission is refused due to delay and discretion.

Parties
Claimant: Securiplan PLC; Claimant: Phillip Ullmann; Claimant: Sabrewatch Ltd; Claimant: Luke Lucas; Defendant: Security Industry Authority; Interested Party: Anthony Hutchins
Jurisdiction
England and Wales
Judgment Date
25 July 2008
Procedural Posture
Judicial Review / Application for Permission to Apply for Judicial Review
Outcome
Permission to apply for judicial review refused; application dismissed.
Legal Topics
Statutory Interpretation, Regulatory Powers, Judicial Review, Prosecution Powers, Delay and Discretion
Administrative Law Criminal Law Statutory Interpretation Regulatory Powers Judicial Review Prosecution Powers Delay and Discretion

Case Brief

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Parties

Securiplan PLC

Claimant

Phillip Ullmann

Claimant

Sabrewatch Ltd

Claimant

Luke Lucas

Claimant

Security Industry Authority

Defendant

Anthony Hutchins

Interested Party

Procedural Posture

Judicial Review / Application for Permission to Apply for Judicial Review

Legal Issues

  1. 1 Whether the Security Industry Authority has statutory power to prosecute offences under the Private Security Industry Act 2001
  2. 2 Whether the High Court has jurisdiction to entertain the application given section 29(3) of the Supreme Court Act 1981
  3. 3 Whether the application should be refused on grounds of discretion and delay

Ratio Decidendi

The Security Industry Authority has the power to prosecute offences under the Private Security Industry Act 2001 as such power is incidental or conducive to its statutory functions, but the High Court has no jurisdiction to entertain the application due to section 29(3) of the Supreme Court Act 1981, and permission is refused due to delay and discretion.

Court Disposition

Permission to apply for judicial review refused; application dismissed.