McCarren, R. v [2023] EWCA Crim 1233 (06 October 2023)

The restraining order was quashed because the judge made no finding of necessity, the evidential basis was inadequate, and essential procedural safeguards were not followed.

Citation: [2023] EWCA Crim 1233
Parties: Respondent: Rex; Appellant: Robert McCarren
Jurisdiction: England and Wales
Judgment Date: 06 October 2023
Procedural Posture: Criminal Appeal / Appeal Against Restraining Order on Acquittal
Outcome: appeal allowed; restraining order quashed
Legal Topics: Restraining Orders, Non Molestation Orders, Procedural Safeguards, Necessity Requirement

Criminal Law Family Law Restraining Orders Non Molestation Orders Procedural Safeguards Necessity Requirement

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 10 Party arguments 2

Parties

Rex

Respondent

Robert McCarren

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Restraining Order on Acquittal

Legal Issues

1 Was it necessary to impose a restraining order on acquittal?
2 Were there procedural errors in the application and granting of the restraining order?
3 Did the appellant give informed consent to the restraining order?

Ratio Decidendi

The restraining order was quashed because the judge made no finding of necessity, the evidential basis was inadequate, and essential procedural safeguards were not followed.

Court Disposition

appeal allowed; restraining order quashed

Orders

restraining order quashed