The Restraining Order must have been on conviction so falls with the conviction being quashed.

 

Harvey Fox

Police Station Advice Coordinator

FREEMANS SOLICITORS

07973 259382 (24 Hours)

Secure email: harvey.fox@freemans.cjsm.net

 

 

 

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From: members@mail.lccsa.org.uk <members@mail.lccsa.org.uk> On Behalf Of Joe Mensah-Dankwah
Sent: 28 June 2019 13:11
To: members@mail.lccsa.org.uk
Subject: Funding an Application to set aside a Restraining Order

 

Does anyone know the answer to this?

 

We have successfully appealed, in the crown court, a conviction for assault.  Ordinarily the sentence falls away, so the crown court said nothing about the sentence.  However, in this case, a restraining order was made by the mags.  Now, after the euphoria of victory had waned, the client has come back asking if we could have the restraining order “removed”.  My view is that a fresh application to set aside the RO needs to be made to the mags ct.  I have asked the LAA whether we can use the same Rep Order (assuming no change in circs) and claim a separate fee.  They have not been able to give an answer, but instead answered one about appeals which I did not ask.  My view is that given that the granting of a RO follows the civil standard of proof, we cannot apply for and use a criminal Rep Order for this.  I have seen one view online which suggests that one can in some cases.

 

What do you say, folks?

 

Regards,

 

Joe Mensah-Dankwah

Foresters Solicitors Limited

155 Hoe Street

Walthamstow

London  E17 3AL

  

T:  020 8521 5999

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Foresters Solicitors Limited is registered in England and Wales, with registered office at 155 Hoe Street London E17 3AL. Company Number 6650930. Directors: Joe Mensah-Dankwah, Alan Hardy Boulton, John Yiannourides.  This firm is authorised and regulated by the Solicitors Regulation Authority.

 

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Foresters Solicitors Limited is registered in England and Wales, with registered office at 155 Hoe Street London E17 3AL. Company Number 6650930. Directors: Joe Mensah-Dankwah, Alan Hardy Boulton, John Yiannourides. This firm is authorised and regulated by the Solicitors Regulation Authority.

This email is confidential and may be privileged. It is for the use of the named recipients only. If you have received it in error, please notify us immediately and delete it from your computer system. Please do not copy or disclose its contents to any person or body.


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