Hi Harriet,

 

I agree with all but your last sentence.  There doesn’t appear to be provision for a crim rep order to apply to set aside.   That’s what started this convo…

 

 

Solicitors can make an application to the Magistrates court that imposed the order to have it discharged. But that will be on the basis that the risk based on which is made is no longer there or has been minimised. But this is usually supported by passage of time where there is no end date to the order or other reasons. But if as I suspect in this case, the order is new, chances of it being discharged is slim.

For that process, a new legal aid application has to be made in my view as it is a challenge of an order in a different court.

 

Good luck

 

Regards,

 

Harriet Benson

Solicitor

 

HenscottSolicitors

413 Chingford Road

Walthamstow

London, E17 5AF

DX 32049 Walthamstow

 

Tel: 020 8521 9955

Fax: 020 8521 9933

Mob: 07939 499 070

 

Email:     harriet@henscott.co.uk

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Authorised and Regulated by the Solicitors Regulation Authority no.512235

 

 

 

Thanks for that view Kaushik. I have gone to the view that it falls away because the test for an order is different as between the two sections. Does anyone have a Trainee or NQ still doing some academic studies who might be interested in writing a paper on this topic? 😊/

 

Regards,

 

Joe Mensah-Dankwah

Foresters Solicitors Limited

155 Hoe Street

Walthamstow

London  E17 3AL

  

T:  020 8521 5999

F:  020 8521 5996

DX: 32016 Walthamstow

  

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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From: kaushik ramdhary <kramdhary@yahoo.com>
Sent: 28 June 2019 13:55
To: Joe Mensah-Dankwah <Joemensah@foresterssolicitors.co.uk>; members@mail.lccsa.org.uk
Subject: Re: Funding an Application to set aside a Restraining Order

 

This is my view. A restraining order can be imposed on conviction or acquittal.  In this case, it was an acquittal but the restraining order stands as the complainant would have asked for one in the mags. The only way you can get rid of it is if the complainant makes an application in the mags to have it withdrawn and the matter would be listed.  

 

On Fri, 28 Jun 2019 at 13:11, Joe Mensah-Dankwah

<Joemensah@foresterssolicitors.co.uk> wrote:

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

F:  020 8521 5996

DX: 32016 Walthamstow

  

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.

 

 

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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