Practice and Procedure

R v H : R v CYRIL JOHN STEVENS (2006)

PUBLISHED February 2, 2006
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An anti-social behaviour order imposed on a 15 year old was amended, where the effect of its terms would have been that, upon release from custody, his family would have had to move if he were to return home, or he would have had to find alternative accommodation outside the family home. Where there had been a breach of an anti-social behaviour order the court had the power to impose a sentence that exceeded the statutory maximum sentence that could have been imposed for the offence that the behaviour order was seeking to prohibit. Accordingly, a sentence of nine months' imprisonment was permissible where the offence that had given rise to the breach of the behaviour order had carried a maximum sentence of a fine.

[2006] EWCA Crim 255

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