The Crown was not bound by the prohibition on smoking in public places contained in the Health Act 2006 Pt 1 Ch.1, meaning that state-run prisons were not obliged to apply the ban. There was a presumption that Acts of Parliament only bound the Crown by express words or “necessary implication”, but there were powerful indicators in the language of the Act that the Crown was not to be bound by the ban.
ACTS OF PARLIAMENT
The Crown was not bound by the Health Act 2006 Pt 1 Ch.1 because, as a general rule, the Crown was not bound by a statute unless bound expressly or by necessary implication. For that reason, state-run prisons were not obliged to implement the prohibition on smoking in certain places.
There was no restriction of principle preventing the imposition of an anti-social behaviour order on an offender who had been convicted of an offence in relation to vehicle crime. In deciding whether to impose such an order, a judge was entitled to have regard to the totality of the offender’s behaviour prior to and after the commencement date of the Crime and Disorder Act 1998 s.1C .
Section 5(4) Security Service Act 1989 did not require the Security Service Tribunal to give reasons or to explain its decisions.