R v Muhammad Khurshid

R v Muhammad Khurshid

The restraining order was quashed because it was imposed without procedural fairness: the applicant had no notice, was not present, was denied a fair hearing, and the judge failed to identify an evidential basis or provide reasons. The process breached Criminal Procedure Rules and natural justice.

Parties
Prosecution: Rex; Applicant: Muhammad Khurshid
Jurisdiction
England and Wales
Judgment Date
20 January 2026
Procedural Posture
Criminal Appeal / Judgment on Application for Leave to Appeal and Substantive Appeal
Outcome
appeal allowed; restraining order quashed
Legal Topics
Post Acquittal Restraining Orders, Protection From Harassment Act 1997 Section 5 a, Criminal Procedure Rules Part 31, Procedural Fairness, Domestic Violence, Non Molestation Orders
Criminal Law Family Law Procedure Post Acquittal Restraining Orders Protection From Harassment Act 1997 Section 5 a Criminal Procedure Rules Part 31 Procedural Fairness Domestic Violence +1 more

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Parties

Rex

Prosecution

Muhammad Khurshid

Applicant

Procedural Posture

Criminal Appeal / Judgment on Application for Leave to Appeal and Substantive Appeal

Legal Issues

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

Ratio Decidendi

The restraining order was quashed because it was imposed without procedural fairness: the applicant had no notice, was not present, was denied a fair hearing, and the judge failed to identify an evidential basis or provide reasons. The process breached Criminal Procedure Rules and natural justice.

Court Disposition

appeal allowed; restraining order quashed

Orders

  • The 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.