Community Protection Notices - New Case

Stannard v The Crown Prosecution Service: Admn 23 Jan 2019

This is the first case in the High Court that has considered the use of Community Protection Notices under Section 43 of the Anti-social Behaviour, Crime and Policing Act of 2014. Key points for practitioners relate to when and how the validity of a CPN may be challenged and an implied power to vary or discharge CPNs.

The decision  stretches the boundaries of Boddington v British Transport Police [1999] 2 AC 143 and relies on R (ex. p. Everett) v Bristol City Council [1999] 1 WLR 92 (High Court) and [1999] 1 WLR 1170 (Court of Appeal) case, it did not consider other High Court decisions that it is legitimate to raise issues of the validity of a Notice at a subsequent trial for the offence of non-compliance even where the appeal rights have not been used.

Sterling Homes (Midlands) Ltd v Birmingham City Council [1996] Env LR 121 original Notice was held to be invalid and unenforceable when prosecuting for an offence, despite no appeal being made, as it did not properly set out the works or steps required for compliance.

Stannard v The Crown Prosecution Service: Admn 23 Jan 2019

http://ukpolicelawblog.com/index.php/9-blog/198-protecting-community-protection-notices

 

 

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