The defendant appealed against the making against him of an order under the 1977 Act on his acquittal for a different substantive offence.
Held: The judge is required to identify the factual basis for imposing an order and that it must not be overlooked that, absent a conviction, it may not be possible to determine such factual basis. It is always incumbent on the court imposing the order to state its reasons for doing so.
Citations:
[2012] EWCA Crim 1164
Statutes:
protection from Harrassment Act 1977 5A
Jurisdiction:
England and Wales
Citing:
Cited – Major, Regina v CACD 1-Dec-2010
The appellant had been charged with an offence of putting a person in fear of violence through harassment, contrary to section 4 of the 1997 Act. She was acquitted of count 1, but the jury could not agree on its verdict on the alternative offence of . .
Cited by:
Cited – Jose, Regina v CACD 23-May-2013
The defendant had been acquitted of having a bladed article in a public pace, and now appealed against the making of a restraining order against him under the 1977 Act.
Held: The appeal succeeded: ‘the requirements of the making of a . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 08 May 2022; Ref: scu.526416