Success in the High Court on case involving failed stalking prosecution

AM had been stalked by her ex-boyfriend, LC, intermittently for a number of years. Police eventually brought a prosecution against LC, who was charged under s. 2A Protection from Harassment Act 1997. A series of errors by the Crown Prosecution Service meant that AM was given the wrong date for trial.

On the day of trial, with AM understandably not in attendance, the CPS applied to adjourn LC’s case. The application was refused by the Magistrates. The Crown offered no evidence, and LC was formally acquitted. He was no longer on bail, and AM had no redress or protection.

Following a referral from the Centre for Women’s Justice, and on an extremely tight timescale, Harriet Johnson worked with Alice Hardy and Miranda Critchley of Bindmans LLP to draft grounds for judicial review. Harriet argued that in refusing the adjournment application the Magistrates had acted irrationally, and further or in the alternative, had breached AM’s rights under Articles 3, 8, 13 and 14 of the European Convention of Human Rights.

Following refusal of permission on the papers, AM obtained authority for a silk and junior, and Jude Bunting KC was successful in persuading Sheldon J that permission should be granted on both grounds.

At a hearing on 8th May 2025, Jude successfully argued that given the seriousness of the stalking, the wider societal impact of violence against women and girls, the fact that this was the first listing for trial, AM’s willingness to give evidence, and having regard to the relevant authorities, the decision of the Defendant Magistrates’ Court was irrational. Ground 1 having been decided in favour of AM, Ellenbogen J deemed it unnecessary to consider Ground 2.

The decision to refuse the adjournment application, and the subsequent acquittal of LC, were quashed. An order was made for the Magistrates’ Court to list LC’s trial at the earliest opportunity.

Jude Bunting KC and Harriet Johnson were instructed by Alice Hardy, Miranda Critchley, and Salamatu Kamara from Bindmans LLP. The case is reported on Westlaw as R (AM) v Yeovil Magistrates’ Court [2025] 5 WLUK 141.