Practice and Procedure

R (on the application of LEE) (Claimant) v LEEDS CROWN COURT (Defendant) & CROWN PROSECUTION SERVICE (Interested Party) (2006)

PUBLISHED October 3, 2006

[2006] EWHC 2550 (Admin)

The refusal by a magistrates' court to vary or discharge a restraining order made under the Protection from Harassment Act 1997 was not a sentence within the meaning of the Magistrates' Courts Act 1980 s.108 and there was no right of appeal to the Crown Court in respect of any such refusal.

DC (Maurice Kay LJ, Bean J)