D, R. v [2025] EWCA Crim 104 (28 January 2025)

D, R. v [2025] EWCA Crim 104 (28 January 2025)

There was no evidence establishing a risk of future harassment or inappropriate behaviour by the appellant towards C2 since 2016; thus, it was not necessary to impose a restraining order to protect C2.

Citation
[2025] EWCA Crim 104
Parties
Prosecution: Rex; Appellant: D
Jurisdiction
England and Wales
Judgment Date
28 January 2025
Procedural Posture
Criminal Appeal / Appeal Against Restraining Order Following Acquittal
Outcome
appeal allowed
Legal Topics
Restraining Orders, Acquittal, Sexual Offences, Protection From Harassment
Criminal Law Restraining Orders Acquittal Sexual Offences Protection From Harassment

Case Brief

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Parties

Rex

Prosecution

D

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Restraining Order Following Acquittal

Legal Issues

  1. 1 Whether it was necessary to impose a restraining order on C2 following the appellant's acquittal of sexual assault charges against her

Ratio Decidendi

There was no evidence establishing a risk of future harassment or inappropriate behaviour by the appellant towards C2 since 2016; thus, it was not necessary to impose a restraining order to protect C2.

Court Disposition

appeal allowed

Orders

  • restraining order in relation to C2 set aside