An authorisation for a dispersal order under the Act must specify, if only in summary form, the grounds upon which it is made. A mere statement that an officer had grounds for making an authorisation was not sufficient. Specification of the grounds ‘informs the reader, albeit in broad terms, of the nature of the problem and the mischief at which the authorisation is aimed’. Nelson J: ‘the section is designed to ensure that there is a proper thought-out basis for making the authorisation and expressing that basis in written form, which can later be examined and challenged and which explains to the police, who may later be required to give dispersal directions, information as to the nature of the problem which gave rise to the authorisation and hence in what circumstances the need for directions may arise’.
Judges:
Hallet LK, Nelson J
Citations:
[2006] EWHC 716 (Admin)
Links:
Statutes:
Anti-Social Behaviour Act 2003 30(4) 31(1)(c)
Jurisdiction:
England and Wales
Cited by:
Cited – Singh, Regina (on the Application of) v Chief Constable of West Midlands Police CA 28-Jul-2006
Sikh protesters set out to picket a theatre production which they considered to offend their religion. The respondent used a existing ASBO dispersal order which had been obtained for other purposes, to control the demonstration.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 07 May 2022; Ref: scu.240334