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 of necessity cannot be said to have been satisfied. Nor were the other requirements for the making of an order as enunciated by this court in Smith made out. ‘
Fulford LJ, King J, Radford QC Rec
[2013] EWCA Crim 939
Bailii
Protection from Harassment Act 1997
England and Wales
Citing:
Applied – Smith v Regina CACD 29-Nov-2012
The defendant had been acquitted of offences relating to the damage of aircraft by reason of his insanity. The court now considered the making of an order under the 1977 Act after that acquittal.
Held: The court set out the following . .
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 – 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 . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 01 November 2021; Ref: scu.511337
