Keys, R (on the application of) v Director of Public Prosecutions

Keys, R (on the application of) v Director of Public Prosecutions

The magistrates were not entitled to find that being in close proximity to the premises constituted 'going to' the premises as prohibited by the restraining order; the conviction was not reasonable and must be quashed.

Source-derived case information.

Parties
Claimant: Jeremy Martin Keys; Defendant: Director of Public Prosecutions
Jurisdiction
England and Wales
Judgment Date
17 October 2003
Procedural Posture
Judicial Review (case Stated Appeal) / Judgment
Outcome
appeal allowed; conviction quashed
Legal Topics
Restraining Orders, Interpretation of Court Orders, Appeal by Way of Case Stated
Criminal Law Judicial Review Restraining Orders Interpretation of Court Orders Appeal by Way of Case Stated

Source-derived case record

Summary, issues, holding and outcome

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Parties

Jeremy Martin Keys

Claimant

Director of Public Prosecutions

Defendant

Procedural Posture

Judicial Review (case Stated Appeal) / Judgment

Legal Issues

  1. 1 Whether being in close proximity to premises constitutes 'going to' the premises under a restraining order
  2. 2 Whether the magistrates' finding of breach was reasonable

Ratio Decidendi

The magistrates were not entitled to find that being in close proximity to the premises constituted 'going to' the premises as prohibited by the restraining order; the conviction was not reasonable and must be quashed.

Court Disposition

appeal allowed; conviction quashed

Orders

  • Conviction quashed
  • Direction to magistrates to quash conviction