Barber v Crown Prosecution Service

Barber v Crown Prosecution Service

Admissions made by the appellant during police interview constituted sufficient admissible evidence to prove the existence and terms of the restraining order to the criminal standard; the magistrates were entitled to convict on that basis.

Parties
Appellant: Anthony Barber; Respondent: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
25 October 2004
Procedural Posture
Criminal Appeal (case Stated) / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Breach of Restraining Order, Strict Liability, Proof of Court Orders, Protection From Harassment Act 1997
Criminal Law Breach of Restraining Order Strict Liability Proof of Court Orders Protection From Harassment Act 1997

Case Brief

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Parties

Anthony Barber

Appellant

Crown Prosecution Service

Respondent

Procedural Posture

Criminal Appeal (case Stated) / Judgment on Appeal

Legal Issues

  1. 1 Whether the prosecution proved the existence and terms of the restraining order
  2. 2 Whether breach of a restraining order under section 5(5) Protection from Harassment Act 1997 is an offence of strict liability
  3. 3 Whether admissible evidence was adduced to prove the order

Ratio Decidendi

Admissions made by the appellant during police interview constituted sufficient admissible evidence to prove the existence and terms of the restraining order to the criminal standard; the magistrates were entitled to convict on that basis.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Representation order confirmed for Legal Services Commission taxation