Taylor, R. v [2017] EWCA Crim 2209 (14 December 2017)

No evidence of persistent conduct or likelihood of harassment; statutory test of necessity not met; procedural defect in failing to state reasons; restraining order unjustified and must be quashed.

Citation: [2017] EWCA Crim 2209
Parties: Applicant: David Taylor; Respondent: Regina (Crown)
Jurisdiction: England and Wales
Judgment Date: 14 December 2017
Procedural Posture: Criminal Appeal / Appeal Against Restraining Order Following Acquittal
Outcome: appeal allowed; restraining order quashed
Legal Topics: Restraining Orders, Acquittal, Harassment

Criminal Law Restraining Orders Acquittal Harassment

Case Brief

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Parties

David Taylor

Applicant

Regina (Crown)

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Restraining Order Following Acquittal

Legal Issues

1 Whether it was necessary to impose a restraining order under section 5A of the Protection from Harassment Act 1997 following acquittal

Ratio Decidendi

No evidence of persistent conduct or likelihood of harassment; statutory test of necessity not met; procedural defect in failing to state reasons; restraining order unjustified and must be quashed.

Court Disposition

appeal allowed; restraining order quashed

Orders

restraining order quashed