An authorisation had been given for the police to exercise additional powers to control anti-social behaviour. It had been marked ‘restricted’, and the notice provisions were not originally complied with. A proper but incomprehensible notice was prepared and an additional more informal but non-compliant notice circulated. The appellant had been standing with others. He had been given a copy of the order, but did not disperse.
Held: Proper proof of the authorisation had to have been provided to the court. It was not. The court examined and criticised te procedures recommended and not followed and made further suggestions. The case was returned with a direction to acquit.
Judges:
Thomas LJ, Coulson J
Citations:
[2009] EWHC 2197 (Admin)
Links:
Statutes:
Anti-Social Behaviour Act 2003 30
Jurisdiction:
England and Wales
Citing:
Cited – West Midlands Probation Board v French Admn 31-Oct-2008
The respondent had been released on licence from prison. On being brought back to court on other allegations, he challenged the validity of the notice of the terms of his licence, and required evidence of those terms. . .
Lists of cited by and citing cases may be incomplete.
Police
Updated: 22 May 2022; Ref: scu.374378
