Khan, R. v [2021] EWCA Crim 1526 (21 October 2021)

Khan, R. v [2021] EWCA Crim 1526 (21 October 2021)

The hearing on 18 September 2020 was procedurally unfair because the judge proceeded in the applicant's absence without adequately considering the relevant factors or giving reasons, and failed to give the applicant a fair opportunity to challenge the evidence or the restraining order upon his arrival. As a result,...

Source-derived case information.

Citation
[2021] EWCA Crim 1526
Parties
Applicant/appellant: Leon Khan; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
21 October 2021
Procedural Posture
Criminal Appeal / Appeal Against Imposition of Restraining Order on Acquittal
Outcome
Appeal allowed; restraining order quashed
Legal Topics
Restraining Orders on Acquittal, Procedural Fairness, Right to Fair Trial, Appeal Procedure, Protection From Harassment Act 1997
Criminal Law Civil Procedure Restraining Orders on Acquittal Procedural Fairness Right to Fair Trial Appeal Procedure Protection From Harassment Act 1997

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Parties

Leon Khan

Applicant/appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Imposition of Restraining Order on Acquittal

Legal Issues

  1. 1 Whether the imposition of a restraining order on acquittal was procedurally fair
  2. 2 Whether the judge erred in proceeding in the applicant's absence
  3. 3 Whether the applicant was given a fair opportunity to challenge the restraining order

Ratio Decidendi

The hearing on 18 September 2020 was procedurally unfair because the judge proceeded in the applicant's absence without adequately considering the relevant factors or giving reasons, and failed to give the applicant a fair opportunity to challenge the evidence or the restraining order upon his arrival. As a result, the applicant did not receive a fair trial and the restraining order must be quashed.

Court Disposition

Appeal allowed; restraining order quashed

Orders

  • Permission to appeal granted
  • Restraining order imposed on 18 September 2020 quashed