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English and Welsh Courts - Miscellaneous
You are here: BAILII >> Databases >> English and Welsh Courts - Miscellaneous >> Walsall Housing Group v Lees [2017] EW Misc 13 (CC) (12 June 2017)
URL: http://www.bailii.org/ew/cases/Misc/2017/13.html
Cite as: [2017] EW Misc 13 (CC)
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Bridge House Bridge Street Walsall West Midlands WS1 1JQ |
||
B e f o r e :
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| WALSALL HOUSING GROUP | ||
| and | ||
| MR STUART PAUL LEES |
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61 Southwark Street, London SE1 0HL
Tel: 020 7269 0370
THE DEFENDANT appeared In Person
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Crown Copyright ©
- Mr Lees, if you stand up please. Are you content that I should deal with you today for this breach which you have admitted, even though you are not represented? Yes. Very well. You will understand that breach of any court order is regarded as serious. In particular, you were in breach of the order within a very few hours or days of it being made. For that reason, you were arrested, correctly, and you were remanded in custody, correctly.
- However, having heard everything that Mr Singleton has had to say, and the benign approach which, in my view, the Walsall Housing Group is taking towards this matter, I am going to make an order which enables your release from custody today, so I will make such order as to a term of imprisonment whereby the term that you have already served since your arrest counting towards that will mean that you have served your sentence.
- You are on licence, so any further breach of the order would mean you would be in breach of your licence and you would be liable to be returned to prison. More importantly, though, a further breach of the order, which remains in force until it comes back before Judge Gregory, would be regarded by this court as much more serious, because it would be a repeat offence and it would be a repeat offence in the face of the warning which I am now giving you: that you must not return to the property at which your mother lives. If you do so for any reason, and I mean any reason at all, you will be liable to be immediately arrested, returned to prison, and the sentence you get will be significantly longer than the one you have already served.
- Do you understand that? Well, it seems to me that although I know that you have had problems, including mental health problems, from the way you are responding to me and the way I am perceiving you to be understanding this, that you fully understand what it is that I am telling you. Very well.
- In any event, your mother is also in court and she can explain to you, if she needs to you, that you must not return to her property. It is not a question of her giving you permission. Whether she gives you permission or not is irrelevant. You may not return there in any circumstances, even if she says you can. Do you understand that? Yes. She does not have the power to allow you to go back, because it is the court which is ordering this, and it is doing so for reasons other than your mother's interests. It is doing it for the interests of the other residents at the property.
- As Mr Singleton has said, there is a housing office within a short distance of this court. Because you will be released today, you should go there to seek some sort of housing or accommodation, but you must not go back to your mother's property.
MR RECORDER SPENCER QC: