Pursuant to paragraph 13 of Practice Direction: Committal for Contempt of Court-Open Court
In relation to Claim No. C00KT674 on 19th September 2017 at the County Court at Kingston-upon-Thames, I, District Judge John Smart, sentenced the Defendant Thomas Kelman to a custodial sentence of 6 weeks’ immediate custody for contempt of court.
I had previously passed a suspended sentence of 1 months’ custody on 13th October 2016 for contempt of court. Today, on the basis of admitted breaches of injunctions which had been granted under s.1 of the Anti-Social Behaviour, Crime and Policing Act 2014 (with attached powers of arrest under s.4 thereof) I decided that this sentence should be put into effect. On 13th October 2016 I extended the duration of the injunctions and of the attached power of arrest.
Injunctions had been granted in part to protect Mr Stephen Field, a vulnerable individual with whom the Defendant used to live. Mr Field had moved house subsequent to the first injunction being granted on 9th July 2016. The injunction granted on 19th August 2016 had forbidden the Defendant from communicating with Mr Field and from going within 25 m of Mr Field’s address or any property at which the Defendant knew or believed he was living.
The Defendant today admitted 4 allegations of contempt of court by breach of the injunctions which he committed on 23rd August 2017. The allegations arose out of an incident where he was found drunk, and unconscious on a bus with Mr Field, with whom he was prohibited by injunction from communicating. He had been arrested and brought before the court and the proceedings had been adjourned to today.
The Defendant had also been arrested at Mr Field’s home on 7th September 2017 and on being brought before the court he admitted that he was in contempt of court in going to Mr Field’s home. Sentencing was adjourned until today.
In relation to the 4 allegations admitted in relation to the incident on 23rd August 2017 my sentence was of 6 weeks’ immediate custody (concurrent)
In relation to the contempt admitted to have taken place on 7th September 2017 my sentence was of 6 weeks’ immediate custody.
All such custodial sentences were ordered to be served concurrently.
District Judge John Smart