R v AF [2024] (Highbury Corner Magistrate’s Court) – Secured dismissal of stand-alone application for an SHPO at trial

Dharsha successfully defended an application brought by the Metropolitan Police Service for a sexual harm prevention order (SHPO) against her client.

The basis of the application was a historic Schedule 5 non-sexual offence and alleged behaviour based on hearsay evidence. As a civil application, The Magistrates’ Courts (Hearsay Evidence in Civil Proceedings) Rules 1999 applied.

At trial Dharsha challenged the credibility and weight to be given to the hearsay evidence and made legal submissions on the lack of necessity of an SHPO.

The Bench was persuaded the allegations of behaviour were not made out on the balance of probabilities and dismissed the application. The Bench thanked counsel for their assistance in the case noting that a lot of hard work had been put in.

Dharsha was instructed by Depti October of Powell Spencer & Partners.