Committal for Contempt of Court in Open Court in Manchester: R

CriminalCommittal for Contempt of Court

Case No:T20160062
Court Code 0435

In the Manchester Crown Court

24 June 2020

Before:
HHJ Smith
Between:
R
-v-
Thomas John Knox

NOTICE, pursuant to paragraph 13 of the Practice Direction (Committal for Contempt:- Open Court) 2015 1 WLR 2195 of a  Committal hearing before HHJ Smith sitting at Manchester Crown Court on 24th June 2020

  1. On 9th December 2016, and following his conviction of one offence contrary to Regulation 38(2) and two offences contrary to Regulation 38(3) of the Environmental Permitting (England and Wales) Regulations 2010, HHJ Moulder QC made an Order pursuant to Regulation 44 of the said Regulations requiring the Defendant to remove all waste at the site known as 23 Honey Street, Collyhurst Manchester M8 8RG and take all the said waste to a registered waste transfer site or suitably permitted facility by 4.00 p.m on 9th June 2018.
    2.The Defendant failed, in breach of the said Order , to remove all such waste from the said site by 9th June 2018.
    3.By notice dated 26th February 2019 The Environment Agency applied for the Defendant’s committal to prison for breaching the terms of the said Order
    4.On 30th August 2019 the Defendant admitted being in Contempt of Court by breaching the terms of the aid Order.
    5.The Defendant appeared before HHJ Smith sitting at Manchester Crown Court on 24th June 2020 who heard submissions from Counsel for the Prosecution and Counsel for the Defendant and made an order committing the Defendant to prison for 10 months that was suspended on terms appearing in the Order attached to this Notice.
    6. A copy of the transcript of the sentencing remarks will be provided in accordance with paragraph 15 of the Practice Direction.

 

WHEREAS:-

  1. On 9th December 2016, and following his conviction of one offence contrary to Regulation 38(2) and two offences contrary to Regulation 38(3) of the Environmental Permitting (England and Wales) Regulations 2010, HHJ Moulder QC made an Order pursuant to Regulation 44 of the said Regulations requiring the Defendant to remove all waste at the site known as 23 Honey Street, Collyhurst Manchester M8 8RG and take all the said waste to a registered waste transfer site or suitably permitted facility by 4.00 p.m on 9th June 2018.
  2. The Defendant failed, in breach of the said Order , to remove all such waste from the said site by 9th June 2018.
  3. By notice dated 26th February 2019 The Environment Agency applied for the Defendant’s committal to prison for breaching the terms of the said Order
  4. On 30th August 2019 the Defendant admitted being in Contempt of Court by breaching the terms of the said Order.

5.The Defendant appeared before HHJ Smith sitting at Manchester Crown Court on 24th June 2020 who heard submissions from Counsel for the Prosecution and Counsel for the Defendant
IT IS ORDERED THAT

  1. The Defendant be committed to Her Majesty’s Prison for a term of 10 months.
  2. The issuing and execution of the warrant for the Defendant’s committal shall be suspended on condition that he must by no later than 4.00 p.m on 24th December 2020 remove all waste at the site known as 23 Honey Street, Collyhurst, Manchester M8 8RG and take all of the said waste to a registered waste transfer site or suitably permitted facility.
  3. In the event that the Defendant complies with the said condition this Order will have no further effect.
  4. In the event that the Defendant fails to comply with the said condition then a warrant shall issue for his arrest and he must be brought before HHJ Smith or a Judge sitting at the Crown Court, Crown Square, Manchester when the Judge will consider the execution or discharge of this Order.
  5. The Defendant must pay the costs of the Environmental Agency assessed at £9,992.43 by 24th June 2021. A collection order is made in respect of the payment of such costs.