Director of Public Prosecutions v Hall

Director of Public Prosecutions v Hall

The court has power under section 5(4) of the Protection from Harassment Act 1997 to extend the expiry date of a restraining order made for a specified period, as the duration is a term of the order and the provision should be construed to enable protection of the victim.

Parties
Claimant: Director of Public Prosecutions; Defendant: Kevin Hall
Jurisdiction
England and Wales
Judgment Date
05 October 2005
Procedural Posture
Criminal Appeal / Appeal by Way of Case Stated From Magistrates' Court
Outcome
appeal allowed
Legal Topics
Protection From Harassment, Restraining Orders, Variation of Orders, Statutory Interpretation
Criminal Law Protection From Harassment Restraining Orders Variation of Orders Statutory Interpretation

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Parties

Director of Public Prosecutions

Claimant

Kevin Hall

Defendant

Procedural Posture

Criminal Appeal / Appeal by Way of Case Stated From Magistrates' Court

Legal Issues

  1. 1 Whether a court has power under section 5(4) of the Protection from Harassment Act 1997 to extend the expiry date of a restraining order made for a specified period

Ratio Decidendi

The court has power under section 5(4) of the Protection from Harassment Act 1997 to extend the expiry date of a restraining order made for a specified period, as the duration is a term of the order and the provision should be construed to enable protection of the victim.

Court Disposition

appeal allowed

Orders

  • Case remitted to magistrates with direction to consider the application to extend the period of the restraining order