Webb-Johnson, R. v [2025] EWCA Crim 1084 (20 May 2025)

Webb-Johnson, R. v [2025] EWCA Crim 1084 (20 May 2025)

There was no sufficient evidential basis before the judge to establish, to the civil standard, the necessity for a restraining order post-acquittal, given the absence of recent incidents, lack of complainant statements expressing current need, and the passage of over six years since the last alleged conduct. Agreement of the appellant and convenience to the parties cannot substitute for the statutory requirement of necessity based on evidence.

Citation
[2025] EWCA Crim 1084
Parties
Prosecution: Rex; Appellant: Neil Webb-Johnson
Jurisdiction
England and Wales
Judgment Date
20 May 2025
Procedural Posture
Criminal Appeal / Appeal Against Post Acquittal Restraining Order
Outcome
appeal allowed
Legal Topics
Restraining Orders, Acquittal, Protection From Harassment, Necessity Test, Appeals
Criminal Law Restraining Orders Acquittal Protection From Harassment Necessity Test Appeals

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Rex

Prosecution

Neil Webb-Johnson

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Post Acquittal Restraining Order

Legal Issues

  1. 1 Whether the evidential basis for necessity of a restraining order post-acquittal was established
  2. 2 Whether the judge erred in law by making a restraining order absent sufficient evidence of future risk

Ratio Decidendi

There was no sufficient evidential basis before the judge to establish, to the civil standard, the necessity for a restraining order post-acquittal, given the absence of recent incidents, lack of complainant statements expressing current need, and the passage of over six years since the last alleged conduct. Agreement of the appellant and convenience to the parties cannot substitute for the statutory requirement of necessity based on evidence.

Court Disposition

appeal allowed

Orders

  • restraining order quashed