Clause 6 - Appeals
Anti-social Behaviour Bill
6:15 pm
Mr Bob Ainsworth (Parliamentary Under-Secretary, Home Office; Coventry North East, Labour)
Extending the period allowed for appeal would overly lengthen and complicate the process of executing a closure order. It would leave the possibility of an appeal hanging over the process for an excessively long period. The ability to appeal against the use of the power is obviously necessary, but as the power is currently drafted the checks and balances are sufficient to ensure that the decision of the magistrates court is considered and is well evidenced.
An appeal to the Crown court is a last resort in cases in which those with a connection with the property feel that an inappropriate action has been taken. The 21-day period is sufficient to allow for an appeal against an order and is based on the precedent of similar existing powers such as those to close illegal drinking dens in the Criminal Justice and Police Act 1994. In my view, there is no need for amendment No. 38. Under the clause, an appeal can be brought at any time during the 21-day period. There is no need to wait for 21 days, which was the hon. Gentleman's worry on the other side of the argument.
Twenty-one days is in line with other legislation and is sufficient time in which to bring an appeal. I do not see a justification for lengthening the period.