Sentencing guidelines are available for 10 specific breach offences:
- Breach of a community order
- Breach of a suspended sentence order
- Breach of post-sentence supervision
- Failure to surrender to bail
- Breach of a protective order (Restraining and non-molestation orders) (Also applicable to breach of a stalking protection order and breach of a domestic abuse protection order)
- Breach of a criminal behaviour order (also applicable to breach of an anti-social behaviour order)
- Breach of a sexual harm prevention order (also applicable to breach of a sexual offences protection order and to breach of a foreign travel order)
- Fail to comply with notification requirements
- Breach of disqualification from acting as a director
- Breach of disqualification from keeping an animal
Where an offence is not covered by a sentencing guideline a court is also entitled to use, and may be assisted by, a guideline for an analogous offence subject to differences in the elements of the offences and the statutory maxima.
In sentencing the breach offences below, the court should refer to the sentencing approach in step one of the guideline for Breach of a Criminal Behaviour Order to determine culpability and harm, and determine an appropriate sentence bearing in mind the maximum penalty for the offence.
| Offence | Mode of trial |
Maximum sentence |
|
Breach of football banning order Section 14J Football Spectators Act 1989 |
Triable summarily only |
A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both. |
|
Failure to comply with dispersal order Part 3 Anti-social Behaviour, Crime and Policing Act 2014 (Requires a person committing, or likely to commit ASB to leave an area for up to 48 hours.) |
Triable summarily only |
A person guilty of an offence under subsection (1) (Failure to move on) is liable on summary conviction – to imprisonment for a period not exceeding 3 months, or to a fine not exceeding level 4 on the standard scale. A person guilty of an offence under subsection (3) (Failure to hand over items) is liable on summary conviction to a fine not exceeding level 2 on the standard scale. |
|
Community protection notice Part 4, Chapter 1 Anti-social Behaviour, (Stops a person, business or organisation committing ASB which |
Triable summarily only |
A person guilty of an offence under this section is liable on summary conviction – to a fine not exceeding level 4 on the standard scale, in the case of an individual; or an unlimited fine in the case of a body. (If dealt with by way of fixed penalty, a fixed penalty notice of up to £100.) |
|
Breach of public spaces protection order Part 4, Chapter 2 Anti-social Behaviour, Crime and Policing Act 2014 (Stops people committing ASB in a particular public place.) |
Triable summarily only |
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale. (If dealt with by way of fixed penalty, a fixed penalty notice of up to £100.) |
|
Closure Power Part 4, Chapter 3 Anti-social Behaviour, Crime and Policing Act 2014 (Allows the police or local council to close premises where ASB is being committed, or is likely to be committed.) |
Triable summarily only |
A person guilty of obstructing a person acting under section 79 or 85(1) is liable on summary conviction – A person who is guilty of remaining on or entering premises in contravention of a closure order is liable on summary conviction – |