Trott, R. v

Trott, R. v

The restraining order was quashed because the appellant was denied the opportunity to make submissions on its necessity and terms, contrary to procedural fairness requirements.

Parties
Respondent: Regina; Appellant: Peter Trott
Jurisdiction
England and Wales
Judgment Date
07 October 2011
Procedural Posture
Criminal Appeal / Appeal Against Post Acquittal Restraining Order
Outcome
Appeal allowed; restraining order quashed
Legal Topics
Restraining Orders, Protection From Harassment Act 1997, Post Acquittal Orders, Procedural Fairness
Criminal Law Restraining Orders Protection From Harassment Act 1997 Post Acquittal Orders Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Peter Trott

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Post Acquittal Restraining Order

Legal Issues

  1. 1 Whether the trial judge erred in law in imposing a restraining order post-acquittal
  2. 2 Whether the factual basis for the restraining order was properly identified
  3. 3 Whether the appellant was denied procedural fairness in the imposition of the order

Ratio Decidendi

The restraining order was quashed because the appellant was denied the opportunity to make submissions on its necessity and terms, contrary to procedural fairness requirements.

Court Disposition

Appeal allowed; restraining order quashed

Orders

  • The restraining order imposed on Peter Trott is quashed.