Director of Public Prosecutions v Baker [2004] EWHC 2782 (Admin) (02 November 2004)

Director of Public Prosecutions v Baker [2004] EWHC 2782 (Admin) (02 November 2004)

For a continuing offence under the Protection from Harassment Act 1997, evidence of conduct occurring outside the six-month limitation period is admissible if at least one incident occurred within the period, and such evidence is also admissible as relevant background to the alleged offence.

Source-derived case information.

Citation
[2004] EWHC 2782 (Admin)
Parties
Claimant: Director of Public Prosecutions; Defendant: Margaret Baker
Jurisdiction
England and Wales
Judgment Date
02 November 2004
Procedural Posture
Appeal by Way of Case Stated / Judgment on Admissibility of Evidence and Disposition of Appeal
Outcome
Appeal allowed in part; question answered in the negative; no order for rehearing; order for Legal Aid taxation as required.
Legal Topics
Harassment, Limitation Periods, Admissibility of Evidence, Continuing Offences
Criminal Law Procedural Law Harassment Limitation Periods Admissibility of Evidence Continuing Offences

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Summary, issues, holding and outcome

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Parties

Director of Public Prosecutions

Claimant

Margaret Baker

Defendant

Procedural Posture

Appeal by Way of Case Stated / Judgment on Admissibility of Evidence and Disposition of Appeal

Legal Issues

  1. 1 Whether evidence of harassment prior to six months before charge is admissible for a summary only offence under the Protection from Harassment Act 1997
  2. 2 Whether the offence charged is a continuing offence allowing inclusion of earlier conduct

Ratio Decidendi

For a continuing offence under the Protection from Harassment Act 1997, evidence of conduct occurring outside the six-month limitation period is admissible if at least one incident occurred within the period, and such evidence is also admissible as relevant background to the alleged offence.

Court Disposition

Appeal allowed in part; question answered in the negative; no order for rehearing; order for Legal Aid taxation as required.

Orders

  • The justices' question is answered in the negative: evidence prior to six months before charge is admissible.
  • No rehearing ordered.