Amos Waldman successful in appeal against restraining order on acquittal

Amos Waldman, represented David Taylor during his trial, for burglary, which took place, at Liverpool Crown Court, in May of this year. He was acquitted.

Following the trial, the Trial Judge imposed a restraining order, on acquittal. The power to do so is contained within S5A Protection from Harassment Act 1997, as amended by the Domestic Violence, Crime and Victims Act 2004.

Mr Waldman argued that:

(1)    the statutory test, namely, that the court may impose such an order if it considers it ‘necessary to do so to protect a person from harassment by the defendant’ was not met; and
(2)the factual basis for the order was not clear.

In delivering the court’s judgement, Irwin LJ, reviewed the relevant earlier authorities.

He reiterated that, given the potential consequences of breaching the order, one should only be imposed if it was truly necessary.

Report of the case can be found here.

Amos Waldman was instructed by Andy Malik, at DJMS Solicitors.