Baldwin, R. v

Baldwin, R. v

The restraining order was wrongly imposed because the judge failed to identify the evidence relied upon, did not resolve contested factual issues, and did not establish necessity based on current evidence; procedural requirements for fairness and evidentiary clarity were not met.

Parties
Appellant: Christopher John Baldwin; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
14 May 2021
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Restraining Orders on Acquittal, Protection From Harassment Act 1997, Criminal Procedure Rules, Evidentiary Standards, Natural Justice
Criminal Law Domestic Violence Harassment Restraining Orders on Acquittal Protection From Harassment Act 1997 Criminal Procedure Rules Evidentiary Standards Natural Justice

Case Brief

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Parties

Christopher John Baldwin

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether a post-acquittal restraining order under section 5A of the Protection from Harassment Act 1997 was properly imposed
  2. 2 Whether the judge failed to identify and consider the evidence relied upon for the restraining order
  3. 3 Whether the judge's decision was inconsistent with findings regarding the complainant's fear and absence

Ratio Decidendi

The restraining order was wrongly imposed because the judge failed to identify the evidence relied upon, did not resolve contested factual issues, and did not establish necessity based on current evidence; procedural requirements for fairness and evidentiary clarity were not met.

Court Disposition

appeal allowed

Orders

  • restraining order set aside
  • future applications for restraining orders may be made if supported by current evidence