Nick Robinson successful in Court of Appeal on restraining order
18th February 2025
3PB's specialist criminal defence barrister Nick Robinson successfully appealed against the imposition of a restraining order in the Court of Appeal Criminal Division in the case of R v DH [2024] EWCA Crim 1003.
Nick’s client DH was charged with serious assaults against his wife, and one of his three daughters, and an offence of controlling or coercive behaviour of his wife. Following the service of a defence statement, requests for disclosure and pre-trial discussions with the prosecution, it was agreed that DH would plead guilty to two common assaults on a written basis of plea. The other charges were dropped. DH was sentenced to a community order and a restraining order both for 18 months. The Judge's decision on the restraining order prohibited all contact with all the children, despite Nick’s objections that it was unnecessary and disproportionate.
The Court of Appeal (Criminal Division), Stuart-Smith LJ, Stacey J, HHJ Conrad KC, has now allowed the appeal and quashed the restraining order in full, finding procedural and substantive deficiencies in how it was applied for and made, contrary to established principles (R v Khellaf [2016] EWCA Crim 1297).
The Court of Appeal held that it "finds force in the submissions made on behalf of the appellant" and stated that the restraining order "is wrong in principle, both substantively and procedurally. The order is unnecessary and disproportionate and the application should not have been considered without an adjournment, which was in the interests of justice...the background facts were disputed and the application needed to be informed by the family proceedings and evidence pertaining thereto."
The Court of Appeal confirmed in its judgement on the case: "The application should have been refused or at least adjourned....we find that the prosecution did not establish the necessity for the making of the order. We therefore quash the restraining order.....the Court is grateful to Mr Robinson, who appears before this Court today as he did before the Court below, for the high quality of his written submissions."
To contact Nick Robinson, or to instruct him, please email his clerk Stuart Pringle on [email protected] or by calling him on 01962 868884.
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