QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Royal Courts of Justice
B e f o r e :
|THE QUEEN ON THE APPLICATION OF JEREMY MARTIN KEYS||(CLAIMANT)|
|DIRECTOR OF PUBLIC PROSECUTIONS||(DEFENDANT)|
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The DEFENDANT was not represented
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"The court hereby prohibits the defendant from:
"...(ii) going to the premises of Somerfield supermarket at 309 Lymington Road, Highcliffe, including the car park."
I should add that it was agreed between the parties that the car park was actually not part of Somerfield supermarket premises but was a council car park and therefore if there was to be a breach of the order, it would have been by the claimant "going to the premises of Somerfield supermarket".
" . . . whether our decision that the offender was guilty of breaching the terms of a restraining order prohibiting him from "going to" premises by virtue of his being in close proximity to these premises was the decision to which no reasonable Magistrates could come."
The respondent to this application, the Crown Prosecution Service, has indicated to the Administrative Court Office that it would not oppose the appeal of the applicant. Nevertheless, I still have to consider the matter. The issue that is raised is really whether it was open to the Magistrates to find that the appellant was guilty of "going to the premises of Somerfield supermarket" when first, on 15th August 2003, he was 20 metres away from the store; when second, on 16th August 2003, he was approximately two metres away from the store; and when third, on 17th August 2003, he was outside the store on the path.