Kirby, R v

Kirby, R v

The court found it appropriate to extend time, grant leave to appeal, and a representation order, as the appellant has an arguable case regarding the validity of the second non-molestation order and the resulting convictions.

Parties
Prosecutor: Regina; Appellant: John Martin Kirby
Jurisdiction
England and Wales
Judgment Date
13 March 2018
Procedural Posture
Criminal Appeal / Renewed Application for Extension of Time, Leave to Appeal, and Representation Order
Outcome
extension of time, leave to appeal, and representation order granted; directions issued for further steps
Legal Topics
Breach of Non Molestation Order, Jurisdiction of Local Authority, Validity of Court Orders
Criminal Law Family Law Breach of Non Molestation Order Jurisdiction of Local Authority Validity of Court Orders

Case Brief

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Parties

Regina

Prosecutor

John Martin Kirby

Appellant

Procedural Posture

Criminal Appeal / Renewed Application for Extension of Time, Leave to Appeal, and Representation Order

Legal Issues

  1. 1 Whether the second non-molestation order was defective due to lack of standing by the local authority under section 42 of the Family Law Act 1996
  2. 2 Whether convictions based on a potentially invalid order should be quashed

Ratio Decidendi

The court found it appropriate to extend time, grant leave to appeal, and a representation order, as the appellant has an arguable case regarding the validity of the second non-molestation order and the resulting convictions.

Court Disposition

extension of time, leave to appeal, and representation order granted; directions issued for further steps

Orders

  • Appellant to notify the court within 28 days whether any application has been made to set aside the second order.
  • Appellant to inform the local authority of the current appeal within 28 days.