The defendant appealed by case stated against his conviction for harassment. He was said to have played loud music late at night in contravention of a restraining order. He said that the prosecution had failed to prove the existence of the order. The magistrates argued that since that court had made the order, no certified copy was to be required.
Held: The defendant’s own admissions in interview amounted to admission of the existence of the order. Though the order had to be proved there was more than one way in which it could be proved. Such evidence had been provided.
The offence of being in breach of a restraining order under the Act is one of strict liability.
Judges:
Forbes J
Citations:
[2004] EWHC 2605 (Admin)
Links:
Statutes:
Protection from Harassment Act 1997, Magistrates’ Courts Rules 1981
Jurisdiction:
England and Wales
Magistrates, Crime
Updated: 27 June 2022; Ref: scu.219530
