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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Fletcher & Anor v Director Of Public Porsecutions & Anor [2001] EWCA Civ 1874 (3 December 2001)
URL: http://www.bailii.org/ew/cases/EWCA/Civ/2001/1874.html
Cite as: [2001] EWCA Civ 1874

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Neutral Citation Number: [2001] EWCA Civ 1874
C/2001/1897

IN THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
DIVISIONAL COURT
(LORD JUSTICE LAWS & MR JUSTICE POOLE)

Royal Courts of Justice
The Strand
London

Monday 3 December 2001

B e f o r e :

LORD JUSTICE LAWS
____________________

(1) ROBERT FLETCHER
MARK LILLEY
Appellant
- v -
DIRECTOR OF PUBLIC PROSECUTIONS
Respondent
and
SECRETARY OF STATE FOR THE HOME DEPARTMENT
(INTERESTED PARTY)

____________________

(Computer Aided Transcription by
Smith Bernal, 190 Fleet Street, London EC4A 2HD
Telephone 020 7421 4040
Official Shorthand Writers to the Court)

____________________

MR ALAN NEWMAN QC (instructed by Messrs Lester Morrill, Leeds LS1 QPL)
appeared on behalf of THE APPLICANT
MR HOSKINS (instructed by the Treasury Solicitor) appeared on behalf
of THE INTERESTED PARTY
____________________

HTML VERSION OF JUDGMENT
____________________

Crown Copyright ©

    Monday 3 December 2001

  1. LORD JUSTICE LAWS: I for my part would grant the certificate in the terms asked for. The point of law of general public importance for their Lordships would be:

    2. "Whether a banning order made pursuant to section 14A Football Spectators Act 1989, as amended by the Football (Disorder) Act 2000, amounts to a penalty within the meaning of the second sentence of Article 7(1) European Convention on Human Rights."
  2. I will communicate with Poole J. Assuming, for today's purposes, that Poole J is content to agree that that certificate should be given, but leave refused, I will have my clerk notify that fact to you in due course and the orders will then stand as having been made.

  3. MR NEWMAN: My Lord, I am very grateful. My Lord, I notice that the matter was listed as well for an extension of time. I make it clear straightaway that I have not researched that point. If it is necessary --

  4. LORD JUSTICE LAWS: You need an extension of time because time has passed because of your first outing to the Civil Division of the Court of Appeal. I will grant any extension that is necessary.

  5. MR NEWMAN: I am very grateful, my Lord. Your Lordship will communicate by letter or memo as necessary?

  6. LORD JUSTICE LAWS: Yes.

  7. MR NEWMAN: We are very grateful.

  8. LORD JUSTICE LAWS: Thank you very much.

    9. __________________________________________

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URL: http://www.bailii.org/ew/cases/EWCA/Civ/2001/1874.html