Case Number: K00DE139
Derby County Court
23 May 2023
District Judge Arshad
Places for People
Committal for Contempt of Court Order
On 27th February 2023 the Defendant was prohibited using abusive, threatening or violent behaviour towards any person residing or visiting the premise of Halsmere Court, Douglas Street, Derby and from engaging or threatening to engage in conduct capable of causing nuisance and annoyance towards any person residing, visiting, or otherwise engaging in lawful activity in the locality identified and a power of arrest was attached to the order.
The order was served on the Defendant.
On 20th April 2023 the Defendant was brought before the court, having been arrested on 19th April 2023.
The Defendant was unrepresented. The Defendant did not admit the breach.
This was the second breach of the injunction.
In respect of the first breach, on 22nd March 2023, the court sentenced Gary Giles to a committal order of two weeks for contempt of court, suspended until 22nd March 2024 at 4.00pm not to be enforced if during that time the said Gary Giles complied with the terms of the Injunction Order dated 27th February 2023.
On 20th April 2023, the Court listed the case for a contested hearing and remanded the Defendant in custody.
On 3rd May, the Defendant was again unrepresented having failed to obtain representation. The court heard evidence and was satisfied beyond reasonable doubt that the Defendant was guilty of contempt of court by breaching the order made on 27th February 2023. The Court considered the mitigation on behalf of the Defendant. The Court made an immediate custodial order, imposing a sentence of 3 months (90 days with the two week suspended sentence from 22nd March 2023 to run concurrently alongside this sentence).
Raffia Arshad, District Judge