[2012] EWCA Crim 2566

A judge had erred in making a restraining order under the Protection from Harassment Act 1997 s.5A, preventing a defendant from travelling on any domestic or international commercial airline for three years, where the defendant had been acquitted, by reason of insanity, of offences of criminal damage and interfering with the performance of the crew of an aircraft in flight. There was no identified victim, no proven risk of harassment within the meaning of the Act and the order did not satisfy the fundamental criterion of necessity within s.5A.

CA (Crim Div) (Toulson LJ, Langstaff J, Judge Morris QC )

29/11/2012