[2012] EWCA Crim 2206

Although "necessary" was not used in the Protection from Harassment Act 1997 s.5, it was implicit from the Human Rights Act 1998 that a restraining order could be imposed only if necessary: its terms would impinge on the subject's private life and would only comply with the European Convention on Human Rights 1950 art.8 if they were necessary.

CA (Crim Div) (Moses LJ, Nicol J, Lindblom J)

09/10/2012