R (W) v Commissioner of Police for the Metropolis; the London Borough of Richmond upon Thames: Interpreting child curfews: a question of rights?

Kathryn Hollingsworth, Doctoral Researcher, University of Cambridge. The High Court in R (W) v Commissioner of Police for the Metropolis [2005] EWHC 1586 (Admin), [2005] 3 All ER 749 held that the powers under s 30(6) of the Anti-Social Behaviour Act 2003, which allow for a child curfew to be imposed in certain areas, did not permit the police to use reasonable force to compel a child to return to his home if the child breached the curfew. The commentary analyses the reasoning in the case, and argues that although the decision itself is to be welcomed, the reasoning should have placed greater emphasis on the entitlement of the child to the protection of his rights as a person under the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950. The implications of the decision on other child curfew powers, specifically those under s 14 of the Crime and Disorder Act 1998, will also be considered. See Child and Family Law Quarterly, Vol 18, No 2, 2006 for the full article.

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