Committal for Contempt of Court: Arun District Council -v- Paul Weller

County CourtCommittal for Contempt of Court

Claim number: H00WG057

In the County Court at Worthing

14 June 2023

Before:

District Judge Worthley

Between:

Arun District Council

-v-

Paul Weller

Order

Before District Judge Worthley sitting at the County Court at Worthing, The Law Courts, Christchurch Road, Worthing, West Sussex, BN11 1JD.

Recitals

  1. The Defendant, having been arrested by PC Adam Gatrell at approximately 1445 hours on 3 June 2023 was produced before the court at 1345 on 5 June 2023.
  2. The Claimant attended remotely by C VP via its solicitor Ms Amy Shaw

The order

3. On 24 April 2023 in the County Court at Worthing, Deputy District Judge Worthley made an Injunction Order (“the Order”), the terms of which prohibited the Defendant from:
a. Entering the area of Heylers Green, Littlehampton BN177HA shown edged red on the attached map A power of arrest was attached to the Order.

4. The Order was made pursuant to the Anti-social Behaviour, Crime and Policing Act 2014, which can be found on the website www.legislation.gov.uk

5. The Court is satisfied the Defendant was served with the Order on 16 May 2023 his having been in attendance at court.

Important information about Mr Paul Weller’s rights and this case

6. At this hearing, the Defendant was immediately advised of:
a. Their right to free criminal legal aid, advice and representation.
b. Their right to refuse to answer any question or produce any document or thing if to do so would tend to expose
them, their spouse or civil partner to proceedings for an offence or for the recovery of a penalty (their right against
self-incrimination).
c. Their right to remain silent and not give evidence.
d. The fact that adverse inferences may be drawn from their silence.
e. The possible consequences ofthe alleged breaches being proven, including that they may be fined or imprisoned.

7. The standard of proof is the criminal standard, beyond all reasonable doubt.

Legal advice

8. The contact details for the Legal Aid Agency (which may need to be given to a solicitor applying for criminal legal aid) are:
a. Telephone: 0121 232 5500.
b. Post: Nottingham National Crime Team, Fothergill House, 16 King Street, Nottingham NC, 1 2AS, DX 10035
c. Email: Nottingham.NCT@legalaid.gsi.gqv.uk

9. Guidance on making an application for Legal Aid can be found here: https://www.gov.uk/guidance/apply-forlegal-aid

10. You can find a legal aid adviser here: https://find-legal-advice.justice.gov.uk/

Appeal/discharge

11. You have the right to appeal against a committal order pursuant to Civil Procedure Rule 52.3(

12. If you are committed to prison for contempt of court, you may apply to the court to be discharged pursuant to Civil Procedure Rule 81.10 by an application notice under Part 23.

13. The Civil Procedure Rules can be found on the justice.gov.uk website

If you are remanded in custody (sent to prison) before the court decides if you have breached the Order

14. Section 9 of the Anti-social Behaviour, Crime and Policing Act 2014 gives the court power to remand you in custody (keep you in prison) if you have been arrested for breach of the Order and brought before a judge within 24 hours ofyour arrest (excluding Christmas Day, Good Friday and Sundays).

15. Section 10 of the Anti-social Behaviour, Crime and Policing Act 2014 gives the court power to remand you in custody (keep you in prison) if you have been brought before the court because a warrant was issued for your arrest.

16. Schedule 1 to the Anti-social Behaviour, Crime and Policing Act 2014 applies when you are remanded in custody (kept in prison) or on bail and details how long you can be remanded for and when you need to be brought before a judge before remand can continue.

Today’s hearing

17. The Defendant was advised as to his rights as set out above but unconditionally indicated that he wished to admit to having breached the Order by attending Helyers Green at around 1445 on Saturday 3 June 2023, so that the court could proceed with sentencing for committal today.

18. Both parties gave submissions to the court as to the appropriate sentence for the admitted breach.

ORDER
IT IS ORDERED THAT:

  1. Upon his admitting the breach alleged, the Defendant be committed for contempt to prison for a total period of one hundred and seventy-six days, that being the suspended 6 month sentence less 2 days served in custody over the weekend, that being equivalent to 4 days of his sentence.
  2. Service of this order, the Defendant having been personally given a copy of this order before leaving court.
  3. No order for costs.