Director of Public Prosecutions v Baker

Director of Public Prosecutions v Baker

The justices erred in excluding evidence of harassment prior to 10th October 2002; for a continuing offence, evidence of the entire course of conduct is admissible if at least one incident falls within the limitation period, and such evidence is also admissible as relevant background.

Parties
Claimant: Director of Public Prosecutions; Defendant: Margaret Baker
Jurisdiction
England and Wales
Judgment Date
02 November 2004
Procedural Posture
Criminal Appeal (case Stated) / Appeal From Magistrates' Court Decision
Outcome
Appeal allowed; question answered in the negative; no order for rehearing.
Legal Topics
Harassment, Summary Offences, Limitation Periods, Admissibility of Evidence
Criminal Law Procedure Harassment Summary Offences Limitation Periods Admissibility of Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Director of Public Prosecutions

Claimant

Margaret Baker

Defendant

Procedural Posture

Criminal Appeal (case Stated) / Appeal From Magistrates' Court Decision

Legal Issues

  1. 1 Whether evidence of harassment prior to 10th October 2002 was inadmissible due to the six-month limitation period for summary offences
  2. 2 Whether the offence of harassment under the Protection from Harassment Act 1997 is a continuing offence permitting consideration of conduct outside the six-month period

Ratio Decidendi

The justices erred in excluding evidence of harassment prior to 10th October 2002; for a continuing offence, evidence of the entire course of conduct is admissible if at least one incident falls within the limitation period, and such evidence is also admissible as relevant background.

Court Disposition

Appeal allowed; question answered in the negative; no order for rehearing.

Orders

  • Order for Legal Aid taxation if required.