Practice and Procedure

R v DK (2011)

PUBLISHED July 26, 2011

[2011] EWCA Crim 1843

When imposing a restraining order under the Protection from Harassment Act 1997 s.5A the judge had failed to consider the procedural requirements under the Criminal Procedure Rules 2010 Pt 50. The defendant had been given no notice of the possible imposition of the order and there was no evidential basis on which to make an order.

CA (Crim Div) (Leveson LJ, Griffith Williams J, Nicola Davies J)