The appellant appealed against the refusal of the Leeds Magistrates to vary or discharge a restraining order under the Protection from Harassment Act 1997. The recorder at the crown court ruled the court did not have jurisdiction to hear the appeal. Because section 5(4) was silent as to any right of appeal it was accepted that the only possible avenue was the general right of appeal under section 108 of the Magistrates Court Act 1980. This, however, did not avail the appellant because the decision sought to be appealed did not fall within the meaning of the word ‘sentence’ in that section. Bean J. pointed out that, absent any right of appeal under the Protection from Harassment Act 1997, there would, in appropriate circumstances, be a remedy by judicial review or case stated on a point of law.
Citations:
[2006] EWHC 2550 Admin
Statutes:
Protection from Harassment Act 1997, Magistrates Court Act 1980 108
Jurisdiction:
England and Wales
Cited by:
Cited – Langley v Preston Crown Court and others CACD 30-Oct-2008
The defendant sought to appeal against a ‘stand-alone’ anti-social behaviour order. The parties disputed whether an appeal lay. The act created an appeal against the making of an order but in this case it was a renewed order.
Held: In the . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Magistrates
Updated: 28 January 2022; Ref: scu.277384