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 was discharged. At the invitation of the prosecution, the court made a restraining order on acquittal pursuant to the provisions of section 5A of the Act.
Held: In such a situation, the judge must identify and support the factual basis for the order made.
Baron Igor Judge LCJ, Calvert Williams, Griffith Williams JJ
[2010] EWCA Crim 3016, [2011] 1 Cr App Rep 25
Bailii
Protection from Harassment Act 1997 5A
England and Wales
Cited by:
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 . .
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 . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 29 December 2021; Ref: scu.427990