04/10/2006
In the case of R v Wayne Derek Picken, the Court of Appeal quashed a restraining order made against the appellant without consultation with the complainant.
R v Wayne Derek Picken [2006] EWCA Crim 2194
This was an appeal against a restraining order on the basis that the defendant's Article 8 rights had been breached. The Court of Appeal agreed that the order should not have been made without consultation with the complainant and quashed it.
Unfortunately the judgment does not mention that the argument was based on Article 8. Nevertheless, the judgment is important because it essentially says that if complainants do not want restraining orders to be made, even if this is to their own detriment, they should not be made. As far as we are aware there is no other Court of Appeal authority for this.
> click here to download judgment
Farrhat Arshad appeared for the appellant, instructed by Howells Solicitors .