Acts
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
Search Results for: Protection of Harassment Act 1997 5A
Regina v Thompson: CACD 1 Dec 2010
The Lord Chief Justice of England and Wales, Mr Justice Calvert Smith, Mr Justice Griffith Williams [2010] EWCA Crim 2955 Bailii Protection of Harassment Act 1997 5A England and Wales Crime Updated: 29 December 2021; Ref: scu.448149
Smithkline Beecham Plc and Others v Avery and Others (Representing Stop Huntingdon Cruelty (‘SHAC’): QBD 26 Jun 2009
GlaxoSmithKline sought an injunction to restrain unlawful conduct by way of trespass and harassment by animal rights activists done with the aim of preventing the use of animals in medical research. Held: The court discussed whether an order was available under the 1997 Act to protect a company. It did.Jack J said: ‘By section 5 … Continue reading Smithkline Beecham Plc and Others v Avery and Others (Representing Stop Huntingdon Cruelty (‘SHAC’): QBD 26 Jun 2009
Chinegwundoh v Regina: CACD 20 Jan 2015
Held: A jury’s verdict that a person with disability had done the acts charged was not an acquittal and did not allow to the court the power to make a restraining order under section 5A of the Protection from Harassment Act 1997. Judges: Sir Brian Leveson P, Openshaw, Dove JJ Citations: [2015] EWCA Crim 109, … Continue reading Chinegwundoh v Regina: CACD 20 Jan 2015
Regina v Lawrence: CACD 2012
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 … Continue reading Regina v Lawrence: CACD 2012
Regina v Kapotra: CACD 26 Jul 2011
The defendant having been found not guilty of two charges of harassment appealed against an order nevertheless preventing him from contacting the complainant, his estranged wife. Judges: Levesaon LJ, Williams, Davies JJ Citations: [2011] EWCA Crim 1843, (2011) 175 JP 378, [2011] Crim LR 890 Links: Bailii Statutes: Protection from Harassment Act 1997 5A Jurisdiction: … Continue reading Regina v Kapotra: CACD 26 Jul 2011
Khan, Regina v: CACD 21 Oct 2021
The applicant having been discharged of offences under the 1988 Act, the Court nevertheless imposed an order on him in his absence under the 1997 Act prohibiting him from contacting the complainant for a period of 10 years. He sought to appeal from that order. Held: The procedure had indeed been unfair: ‘ The decision … Continue reading Khan, Regina v: CACD 21 Oct 2021
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 harassment contrary to section 2 of the Act and … Continue reading Major, Regina v: CACD 1 Dec 2010
Baldwin, Regina v: CACD 14 May 2021
This appeal raises the issue of whether a post acquittal restraining order made under section 5A of the 1997 Act was properly made against the Appellant after he had been acquitted of offences of making threats to kill, assault occasioning actual bodily harm, theft and criminal damage. Held: this is an order which is imposed … Continue reading Baldwin, Regina v: CACD 14 May 2021
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 restraining order under section 5A were not made out in this case. The test … Continue reading Jose, Regina v: CACD 23 May 2013
