CLOSURE ORDERS

Since 20th January 2004 Magistrates Courts have had a summary power to make a Closure Order in relation to any premises. This has the effect of closing the premises for a period of up to a maximum of 6 months. In order to make an Order a Court must be satisfied that an Order is necessary and that the premises are associated with the use, production or supply of class a drugs and also associated with serious anti social behaviour.

Kaim Todner have an unsurpassed record defending applications for Closure Orders.

It is clear that the police are widening their targets for Closure Orders from merely residential premises to business premises – particularly nightclubs, warehouses and public houses.

Kaim Todner are responsible for the three leading cases in this rapidly developing area of law:-

Commissioner of Police for the Metropolis v Hooper [2005] EWHC 340 (Admin) : Articles 6 (right to a fair trial and Article 8 (right to respect for family life) are both engaged in Closure Order proceedings; the Magistrates Court has a general power to adjourn proceedings for a Closure Order beyond the 14 day time limit specified by the Anti Social Behaviour Act 2003 but only in exceptional circumstances.

The Queen on the Application of Turner v Highbury Corner Magistrates Court [2005] EWHC 2568 (Admin) : The Magistrates Court has a general power to adjourn proceedings for a Closure Order beyond the 14 day time limit specified by the Anti Social Behaviour Act 2003 where it was in the interests of justice to do so.

The Queen on the Application of Cleary v Highbury Corner Magistrates Court [2006] EWHC 1869 (Admin) : Applicants for Closure Orders should not routinely seek to rely upon anonymous hearsay evidence and the Courts should be readily prepared to give no weight at all to cases based entirely on anonymous hearsay evidence; on an application for a Closure Order the police had an obligation to serve relevant evidence on the defence in advance of their application to the Court; the general duty to disclose relevant evidence to the defence included evidence that was likely to damage the applicants case for a Closure Order.

Applications for Closure Orders are civil proceedings. They are usually concluded very quickly. We are able to represent anyone with an interest in the premises that are the subject of an application for a Closure Order. We are able to represent clients on legal aid where appropriate.

Email: solicitors@kaimtodner.com

Since 8th May 2006 Kaim Todner LLP is now a Limited Liability Partnership and is regulated by the Law Society.

Registered in England and Wales. Registered number OC3188984