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ARTICLE · 07 JUNE 2006

Anti-Social Behaviour - Removing Young Persons

Pinsent Masons
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The Court of Appeal appears to have calmed the kerfuffle caused by the decision of the Divisional Court on 20 July 2005 in R (W) v Commissioner of Police for the Metropolis [2005] EWHC 1586 (Admin). Lawyers with a (professional) taste for anti-social behaviour will recall that (amongst other things) this had - somewhat controversially - decided that the power in section 30(6) of the Anti-Social Behaviour Act 2003 was permissive and not coercive.

United KingdomGovernment, Public Sector
Nicholas Dobson
Nicholas Dobson

The Court of Appeal appears to have calmed the kerfuffle caused by the decision of the Divisional Court on 20 July 2005 in R (W) v Commissioner of Police for the Metropolis [2005] EWHC 1586 (Admin). Lawyers with a (professional) taste for anti-social behaviour will recall that (amongst other things) this had - somewhat controversially - decided that the power in section 30(6) of the Anti-Social Behaviour Act 2003 was permissive and not coercive. The Court of Appeal on 11 May 2006 took a different view holding that this measure 'plainly carries with it a coercive power' (see R (W) v (1) Commissioner of Police for the Metropolis (2) London Borough of Richmond-upon- Thames (3) Secretary of State for the Home Department [2006] EWCA Civ 458).

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