DFB, R. v [2026] EWCA Crim 399 (30 March 2026)

DFB, R. v [2026] EWCA Crim 399 (30 March 2026)

The restraining order was made in circumstances that were procedurally unfair, as the Appellant was not given proper notice of evidence, opportunity to challenge hearsay, or to make representations as required by the Criminal Procedure Rules. The procedural defect was not cured by subsequent variation. The order must be quashed; the prosecution may make a fresh application if desired.

Citation
[2026] EWCA Crim 399
Parties
Respondent: Rex; Appellant: DFB
Jurisdiction
England and Wales
Judgment Date
30 March 2026
Procedural Posture
Criminal Appeal / Appeal Against Restraining Order After Acquittal
Outcome
Appeal allowed; restraining order quashed
Legal Topics
Restraining Orders, Procedural Fairness, Sexual Offences, Protection From Harassment
Criminal Law Civil Orders Restraining Orders Procedural Fairness Sexual Offences Protection From Harassment

Case Brief

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Parties

Rex

Respondent

DFB

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Restraining Order After Acquittal

Legal Issues

  1. 1 Whether the restraining order made after acquittal was procedurally fair
  2. 2 Whether procedural irregularity vitiated the order
  3. 3 Whether the Criminal Procedure Rules and statutory requirements were complied with

Ratio Decidendi

The restraining order was made in circumstances that were procedurally unfair, as the Appellant was not given proper notice of evidence, opportunity to challenge hearsay, or to make representations as required by the Criminal Procedure Rules. The procedural defect was not cured by subsequent variation. The order must be quashed; the prosecution may make a fresh application if desired.

Court Disposition

Appeal allowed; restraining order quashed

Orders

  • The restraining order made on 22 August 2024 (as varied) is quashed.
  • No fresh restraining order imposed by the Court of Appeal; prosecution may apply anew in Crown Court.