Successful Appeal Secures Six‑Month Domestic Abuse Protection Order

Eugene Cross represented Greater Manchester Police (GMP) in an appeal before Manchester Crown Court concerning a Domestic Abuse Protection Order (DAPO). The case marked the first appeal brought by GMP under Part 3 of the Domestic Abuse Act 2021 and highlighted the complexities arising from new procedural frameworks. Despite the appeal being lodged 10 days out of time, the Court accepted that it was in the interests of justice to extend time, enabling the substantive issues to be considered.

At the outset, the Court examined whether the appeal should proceed as a review or a full rehearing, complicated by the absence of a detailed record from the Magistrates’ Court of the Bench’s reasons. After extensive legal submissions addressing both statutory wording, explanatory notes to the legislation, and the practical impact of the missing record, the Court proceeded on the agreed contents of GMP’s note from the lower court. Both parties ultimately agreed this was the appropriate procedural route.

During the substantive hearing, the Court were guided through the evidential history underpinning the original application, including the Protected Party’s initial statement and lengthy history of 999 calls to the police. Mr Cross addressed the significance of the later retraction statement, emphasising that its language expressed frustration with the legal process rather than a withdrawal of the underlying allegations. He also outlined the statutory test under the Domestic Abuse Act 2021, assisting the Court in navigating the difference in approach between restraining orders and DAPOs, placing reliance on the applicability of Chief Constable of Cleveland Police v Jemmett [2024] EWHC 1172 (Admin) to DAPOs. Notably, Oliva Checa-Dover appeared on behalf of the Chief Constable of Cleveland Police before the High Court in Jemmett. It was ultimately submitted that the lower court had placed too much weight on the views of the Protected Party, who did not want the order to be made.

The Crown Court concluded that the Magistrates had placed disproportionate weight on the retraction statement and had therefore reached a decision that was unreasonable and irrational. In a detailed ex tempore judgment, the Court set aside the refusal and granted the six‑month DAPO originally sought by GMP, finding that there had been domestic abuse and that the order remained necessary for protection of the Protected Party.

The DAPO scheme remains in its pilot phase and currently only applies in certain police force areas. The pilot is due to end on 31 March 2026. This case reflects KBW’s continued expertise in supporting police forces in this emerging area.