||All England Reporter
|| All ER (D) 18 (Oct)
||Queen's Bench Division (Divisional Court)
Maurice Kay LJ and Bean J
||Alun Jones (instructed by Sugaré & Co, Leeds) for the claimant.
||Patrizia Doherty (instructed by the Crown Prosecution Service West Yorkshire, Leeds) for the prosecution.
||3 October 2006
Criminal law - Harassment - Restraining order - Refusal of application to vary or discharge order - Appeal to Crown Court - Whether restraining order a 'sentence' - || Whether Crown Court having jurisdiction - , s 5(4) - , s 108.
The refusal by the magistrates' court to discharge or vary a restraint order on an application under s5(4) of the was not subject to a right of appeal to the Crown Court. Such an order was not a sentence for the purposes of s108 of the .
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