The County Court at Derby
Amber Valley Borough Council
- By an order made on 9 November 2018 the defendant was, amongst other matters, prohibited from (i) entering any part of Ripley Town Centre (as defined), and (ii) having in his possession any open container of alcohol in any public place within the Borough of Amber Valley. That order lasts until 4pm on 15 November 2019. A power of arrest was attached to the defendant being in the prohibited area.
- The order was served on the defendant.
- On Friday 6 September 2019 the defendant was brought before the court, having been arrested just before 1300 hours that day having been found, it was alleged, in the prohibited area, namely in Ripley Town Centre (First Breach). It was also alleged that at the time of arrest he had in his possession an open container of alcohol in a public place within the Borough of Amber Valley (Second Breach).
- On appearing in open court the defendant declined, on several occasions, an adjournment to obtain legal advice. He was also advised of his right to silence, and his right not to incriminate himself.
- The claimant appeared by a solicitor, and the defendant was also served in court with an application notice for his committal.
- The defendant admitted the First Breach, and denied the Second Breach.
- The court heard oral evidence, under oath, from the arresting officer, Police Constable Andrea Smith.
- The court found each of the First Breach and the Second Breach proven beyond reasonable doubt.
- It was noted that the defendant had previously been found by the court, on 3 August 2018, to have breached an earlier order which was in similar terms to the present order, by being in the same prohibited area as in the current order, and on that occasion a suspended sentence of 8 weeks was activated.
- The court imposed an immediate custodial sentence of 12 weeks imprisonment for each of the 2 breaches, concurrent (total period, 12 weeks imprisonment).
District Judge MacCuish
County Court at Derby, 9 September 2019