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Civil Vs Criminal.

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Civil Vs Criminal.

Post by vee8 on Sun Feb 14, 2010 8:15 am

Someone mentioned, sorry I forget where, that if a person breaks a court injunction granted in a civil court it becomes a criminal offence, yes? So, if true, knowing that bennett has broken his injunction (Well, smashed it into a thousand pieces to be more precise,) does this mean the police can now issue an arrest warrant and charge him?

Please?
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Re: Civil Vs Criminal.

Post by sans_souci on Sun Feb 14, 2010 8:44 am

Breaking an undertaking to the high court could escalate to become a contempt of court, and could result in the judge imposing a custodial sentence. I say could because this is taken as very much the last resort.

I have a feeling that TB is rather hoping that this might happen. In my view he fancies himself as a martyr, rather along the lines of the tolpuddle martyrs (but perhaps without the 'tol'.)

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Re: Civil Vs Criminal.

Post by vee8 on Sun Feb 14, 2010 8:47 am

If he fancies himself as a martyr there are plenty of people here willing to help him with that ambition, sanctymonious old fool.
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Re: Civil Vs Criminal.

Post by May on Sun Feb 14, 2010 8:49 am

Hi, loved that and I used to work with a descendant of the Tolpuddles.......Loveless was his name.
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Re: Civil Vs Criminal.

Post by Peaceful1 on Sun Feb 14, 2010 10:34 am

LOL Vee.
Hi Sans, welcome to the forum
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Re: Civil Vs Criminal.

Post by dianeh on Sun Feb 14, 2010 12:42 pm

Vee, it is a criminal offence to break an injuction, but a warrant must be issued, and so of course must be applied for, it is not automatic, at least as I understand it. As Sans says, it can happen, but not inevitable.

Sans is far more knowledgeable in the law than I am and I appreciate his input very much.
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Re: Civil Vs Criminal.

Post by vee8 on Sun Feb 14, 2010 6:35 pm

This is interesting.

http://www.basingstoke.gov.uk/council/legal/incourt/contempt.htm

Injunctions and contempt of court

On Wednesday, 6 August 2003,

Mr C was given an 18 month prison sentence for contempt of court for failing to comply with court injunctions.
This follows a long history of planning breaches and enforcement notices in relation to Mr Cs' illegal occupation of agricultural land on several locations throughout the borough.

Mr C has been in disagreement with the Council for many years over the use of land resulting in enforcement orders being made against him. Mr C persistently ignores the enforcement orders and the Council has therefore sought injunctions for compliance through the Court. In October 1999, Mr C was given a sentence of 14 days in prison after refusing to remove a mobile home from his land. He was given a sentence of 3 months for contempt of Court.

Despite these sentences Mr C still did not comply with the injunctions and on Tuesday, 5th August, Mr C was once again found guilty of breach of previous injunctions and was sentenced to nine months imprisonment suspended for two years. As he had a record of breaching planning laws on other sites, a borough-wide injunction to prevent Mr C siting his mobile home on any land without planning permission was also granted with immediate effect.

The borough-wide injunction is an innovative use of planning injunctions as a means of preventing individuals from deliberately and persistently ignoring planning regulations throughout the borough. The Council considered that this would be the most effective way of protecting agricultural land from misuse by Mr C and prevent his continual and flagrant abuse of the planning system.

Mr C immediately indicated to the Court that he did not intend to comply with the Court orders and was deliberately in breach of these by that afternoon. The following morning, Her Honour Judge Bonvin activated the suspended sentence and imposed a further term of nine months to run consecutively.

A spokesman for Basingstoke and Deane Borough Council, said, "We had hoped all along that the taking of injunction proceedings (and the consequent threat of imprisonment if injunctions were breached) would be sufficient to persuade Mr C from continually ignoring the planning system. It is very sad that this did not prove to be the case and that this has ended with a lengthy prison term.

Mr C has been in breach of planning regulations at several locations throughout the borough for many, many years and has always been fully aware that he has been breaking the law. The occupation and use of land has to comply with Council policy which is carefully set out for the benefit of all. We have a duty to all our residents in the borough to ensure that these regulations are complied with."
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