English and Welsh Courts - Miscellaneous

IN THE COUNTY COURT AT NEWCASTLE-UPON-TYNE

		The Law Courts The Quayside Newcastle-upon-Tyne NE1 3LA
		29th June 2016

JUDGMENT

DISTRICT JUDGE MORGAN:

1. You have had two breaches which have been put to you today. You have admitted one of them. Upon the first breach, on 22^nd May 2016, the council indicate that they do not proceed on that breach so it is not a matter that I bring into account within any order that I make today. The second breach is that on 22^nd June, yesterday, you were at 113 Kirkwood in Burradon. To your credit, you have admitted that that was the case. Being realistic, you did not have much opportunity as far as that is concerned because you accept that you were arrested in the exclusion area in breach of the order.
2. The position is that court orders are to be obeyed and the order that was made in March of this year continues until March of 2017 which means that you cannot go into the exclusion area unless there is an order made by the court varying the terms of that injunction. If you seek to have that order varied, it needs to be done by way of an application to the court and it is something upon which you would need to take advice, but as things stand at the present time, the order remains in force and it must be obeyed.
3. The breach yesterday was a deliberate decision that you made to go to the property and, that being the case, it was a flagrant breach of the order that was made because arrangements are already in place for you to see your child. I have no doubt you would like to see your child more. However, you cannot do so by going into the exclusion area. I am invited to make a custodial sentence today and Mr Rowbottom, to be fair, says he is not asking me to make an immediate custodial order. Having taken into account the Sentencing Guidelines I am going to impose a sentence of imprisonment, but it will be suspended and that means that if you go into the exclusion area or breach the order in any way and that breach is proved, then the suspended sentence that I make today will be brought into effect so you must understand that.
4. The term of imprisonment that will be imposed will be one of two months and it will be suspended for the remainder of the term of the order and that means that it will expire at 4 o'clock on 3^rd March 2017 which is the period of the injunction, unless the injunction order is varied in the intervening period.

THE DISTRICT JUDGE: Do you understand what we have done?

MR HERRON: Yes.

THE DISTRICT JDUGE: All right. I will draw the order then in those terms and you will be given a copy of it before you are released from custody today. I will hand back the two letters that have been handed in. That is one of them. Is the other one over there?

MR HERRON: Excuse me. Sorry about this. Would it make things more [difficult?] if I was to get… [Can't it be varied?] if I was going to [inaudible]

THE DISTRICT JUDGE: The position is that any application has to be made on notice and what I suggest is that if you do wish to go down that route that you take advice in relation to it. There are solicitors who actually deal with this type of matter who will be able to assist you. All right, thank you very much.

[Court adjourns]