Herrington, R v [2017] EWCA Crim 889 (23 June 2017)

Herrington, R v [2017] EWCA Crim 889 (23 June 2017)

A restraining order should not be imposed against the wishes of a competent adult victim who freely chooses to continue a relationship with the offender, unless there is evidence of lack of capacity, coercion, or fear. The criminal court is not the proper forum to compel parents to live apart for the protection of a...

Source-derived case information.

Citation
[2017] EWCA Crim 889
Parties
Appellant: Wayne Herrington; Respondent: Regina (Crown)
Jurisdiction
England and Wales
Judgment Date
23 June 2017
Procedural Posture
Criminal Appeal / Appeal Against Restraining Order
Outcome
appeal allowed in part
Legal Topics
Restraining Orders, Domestic Violence, Victim Autonomy, Protection From Harassment
Criminal Law Restraining Orders Domestic Violence Victim Autonomy Protection From Harassment

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Parties

Wayne Herrington

Appellant

Regina (Crown)

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Restraining Order

Legal Issues

  1. 1 Whether a restraining order can be imposed against the wishes of a competent adult victim who wishes to continue a relationship with the offender
  2. 2 Whether the criminal court is the appropriate forum to protect a child or probation staff in these circumstances

Ratio Decidendi

A restraining order should not be imposed against the wishes of a competent adult victim who freely chooses to continue a relationship with the offender, unless there is evidence of lack of capacity, coercion, or fear. The criminal court is not the proper forum to compel parents to live apart for the protection of a child; such decisions belong in the family court.

Court Disposition

appeal allowed in part

Orders

  • The restraining order imposed by the Crown Court is quashed.
  • All other orders, including the prison sentence, remain in force.