Khurshid, R. v [2025] EWCA Crim 1445 (17 October 2025)

The restraining order was quashed because it was imposed without procedural fairness: the applicant was not given notice, opportunity to respond, or a fair hearing, and the judge failed to identify an evidential basis or provide reasons for the order, contrary to statutory and case law requirements.

Citation: [2025] EWCA Crim 1445
Parties: Prosecution: Rex; Applicant: Muhammad Khurshid
Jurisdiction: England and Wales
Judgment Date: 17 October 2025
Procedural Posture: Criminal Appeal / Appeal Against Post Acquittal Restraining Order
Outcome: appeal allowed; restraining order quashed
Legal Topics: Post Acquittal Restraining Orders, Procedural Fairness, Protection From Harassment Act 1997, Criminal Procedure Rules, Domestic Abuse

Criminal Law Family Law Post Acquittal Restraining Orders Procedural Fairness Protection From Harassment Act 1997 Criminal Procedure Rules Domestic Abuse

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 10 Party arguments 2

Parties

Rex

Prosecution

Muhammad Khurshid

Applicant

Procedural Posture

Criminal Appeal / Appeal Against Post Acquittal Restraining Order

Legal Issues

1 Whether the imposition of a post-acquittal restraining order was procedurally proper
2 Whether the statutory criteria for a restraining order under section 5A of the Protection from Harassment Act 1997 were met

Ratio Decidendi

Court Disposition

appeal allowed; restraining order quashed

Orders

Section 5A restraining order made on 10 April 2025 is quashed.
If the prosecution seeks a new restraining order, it must give notice to the applicant and St Albans Crown Court within 28 days.