A “crack house” frequented by drug addicts and prostitutes on a London housing estate has been closed down for three months by the High Court.
The court rejected an appeal by the tenant against a closure order forcing him to leave the flat on the Peckwater Estate in Kentish Town, London NW5.
Keene LJ used the case to clarify the use of closure orders made under anti-social behaviour legislation, stating that parliament had intended such orders to be made “as a matter of urgency” to protect the public from serious nuisance and public disorder.
He added, however, that it was necessary to balance the need for speed against the right to a fair trial.
The closure order was made by Highbury Corner Magistrates’ Court in March after police received information that the premises were being used for the sale of heroin and crack cocaine.
Human rights lawyers have raised concerns that, since the Anti-social Behaviour Act 2003 came into effect, the rights of persons facing penalties that include removal from their homes may not be properly protected.
R (on the application of Turner) v Highbury Corner Magistrates’ Court Administrative Court (Keene LJ and Poole J) 11 October 2005.
References: EGi Legal News 12/10/05
