R v DFB

R v DFB

The restraining order was made in circumstances that were procedurally unfair because the Appellant was not given proper notice of the evidence relied upon, was not given an opportunity to challenge the evidence or cross-examine the complainant, and the requirements of the Criminal Procedure Rules regarding hearsay and supporting evidence were not followed. As a result, the order must be quashed.

Parties
Respondent: Rex; Appellant: DFB
Jurisdiction
England and Wales
Judgment Date
04 January 2026
Procedural Posture
Criminal Appeal / Appeal From Crown Court Order After Acquittal
Outcome
Appeal allowed; restraining order quashed
Legal Topics
Restraining Orders, Procedural Fairness, Hearsay Evidence, Sexual Offences, Protection From Harassment
Criminal Law Civil Procedure Restraining Orders Procedural Fairness Hearsay Evidence Sexual Offences Protection From Harassment

Case Brief

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Parties

Rex

Respondent

DFB

Appellant

Procedural Posture

Criminal Appeal / Appeal From Crown Court Order After Acquittal

Legal Issues

  1. 1 Whether the restraining order made after acquittal was procedurally unfair and should be quashed
  2. 2 Whether the Criminal Procedure Rules regarding evidence and notice were complied with in the application for the restraining order

Ratio Decidendi

The restraining order was made in circumstances that were procedurally unfair because the Appellant was not given proper notice of the evidence relied upon, was not given an opportunity to challenge the evidence or cross-examine the complainant, and the requirements of the Criminal Procedure Rules regarding hearsay and supporting evidence were not followed. As a result, the order must be quashed.

Court Disposition

Appeal allowed; restraining order quashed

Orders

  • The restraining order made against the Appellant is quashed.
  • It is for the prosecution to decide whether to make a fresh application for a restraining order under s.5A of the Protection from Harassment Act 1997.