R v Robert McCarren

R v Robert McCarren

There was no sound evidential basis for a finding of necessity to impose a restraining order after acquittal, and fundamental procedural errors occurred, including failure to serve a notice of intention to apply and failure to identify evidence justifying necessity. The restraining order must therefore be quashed.

Parties
Respondent: Rex; Appellant: Robert McCarren
Jurisdiction
England and Wales
Judgment Date
12 October 2024
Procedural Posture
Criminal Appeal / Appeal Against Imposition of Restraining Order After Acquittal
Outcome
Appeal allowed; restraining order quashed
Legal Topics
Restraining Orders, Acquittal, Procedural Fairness, Protection From Harassment
Criminal Law Restraining Orders Acquittal Procedural Fairness Protection From Harassment

Case Brief

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Parties

Rex

Respondent

Robert McCarren

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Imposition of Restraining Order After Acquittal

Legal Issues

  1. 1 Whether it was necessary to impose a restraining order after acquittal
  2. 2 Whether procedural errors in the application for and granting of the restraining order require it to be set aside
  3. 3 Whether the appellant gave informed consent to the restraining order

Ratio Decidendi

There was no sound evidential basis for a finding of necessity to impose a restraining order after acquittal, and fundamental procedural errors occurred, including failure to serve a notice of intention to apply and failure to identify evidence justifying necessity. The restraining order must therefore be quashed.

Court Disposition

Appeal allowed; restraining order quashed

Orders

  • The restraining order imposed on 18 January 2023 is quashed.