Kangs Solicitors has successfully represented a client before Stratford Magistrates’ Court who wished to obtain the discharge of a Restraining Order which was originally imposed at Thames Magistrates’ Court.
Helen Holder of Kangs Solicitors reports on the circumstances.
The Circumstances | Kangs Solicitors Restraining Order Team
- Our client was made the subject of a Restraining Order ‘until further order’ in November 2014 after being convicted of charges relating to Malicious Communications.
- An Order which is made ‘until further order’ is effective indefinitely until it is discharged with the result that it will always show on a basic DBS check.
- Our client had previously made an application to discharge the Order himself in 2018 but he represented himself at the hearing and was unsuccessful.
- Our client now wished to make a further application to revoke the Order as he wished to apply for teaching positions outside of the UK necessitating him being able to obtain a clear DBS Certificate.
The Law | Kangs Criminal Law Advisory Team
Section 5(4) of the Protection from Harassment Act 1997 states:
“The Prosecutor, the defendant or any other person mentioned in the order may apply to the Court which made the order for it to be varied or discharged by a further order.”
How We Assisted Our Client | Kangs Magistrates’ Court Applications Team
- Full instructions were taken from our client in relation to the conduct of and events in his life since the Order was made, the effect of the Order upon him and his reasons for wanting it to be revoked.
- All requisite documentation was prepared in detail and served on the Court and the Prosecution.
- Suitable counsel was identified and instructed to attend the court Hearing before Stratford Magistrates’ Court.
The Successful Result | Kangs Criminal Defence Team
- Despite the person protected by the Order attending Court and objecting to it being discharged, the Magistrates were successfully persuaded to discharge the Order.
- Once an Order is discharged, it is deemed spent and should not show on a basic DBS certificate.
- Our client was delighted with the result which enabled him to pursue his future career plans.
How Can We Help? | Kangs Malicious Communications Defence Solicitors
Kangs Solicitors has a proven track record in successfully assisting clients who seek to challenge ancillary orders that are imposed as part of the sentence for a variety of cases including sexual offences and harassment offences.
It is essential to instruct experienced solicitors to assist in the making of any application to ensure that the very best possible submissions are made and the application prepared thoroughly.
Please feel free to contact our team through either of the following who will be happy to speak to you and guide you: