Baldwin, R. v [2021] EWCA Crim 703 (14 May 2021)

Baldwin, R. v [2021] EWCA Crim 703 (14 May 2021)

The restraining order was wrongly imposed because the judge failed to identify the evidential basis for the order, did not clarify which evidence was relied upon, and did not resolve contested factual issues through oral evidence, thereby breaching procedural fairness and the requirements of the Criminal Procedure...

Source-derived case information.

Citation
[2021] EWCA Crim 703
Parties
Appellant: Christopher John Baldwin; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
14 May 2021
Procedural Posture
Criminal Appeal / Appeal Against Post Acquittal Restraining Order
Outcome
appeal allowed
Legal Topics
Restraining Orders on Acquittal, Protection From Harassment Act 1997, Criminal Procedure, Standard of Proof, Natural Justice
Criminal Law Restraining Orders on Acquittal Protection From Harassment Act 1997 Criminal Procedure Standard of Proof Natural Justice

Source-derived case record

Summary, issues, holding and outcome

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Parties

Christopher John Baldwin

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Post Acquittal Restraining Order

Legal Issues

  1. 1 Whether the trial judge was correct to impose a restraining order on acquittal under section 5A of the Protection from Harassment Act 1997
  2. 2 Whether the evidential basis for the order was properly identified and tested
  3. 3 Whether procedural fairness and the Criminal Procedure Rules were complied with

Ratio Decidendi

The restraining order was wrongly imposed because the judge failed to identify the evidential basis for the order, did not clarify which evidence was relied upon, and did not resolve contested factual issues through oral evidence, thereby breaching procedural fairness and the requirements of the Criminal Procedure Rules.

Court Disposition

appeal allowed

Orders

  • restraining order set aside