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There are three main objectives in sentencing the defendant,  1 W. Even though it may not be best practice to suspend a committal order indefinitely, it is not unlawful to do so: see There have been a number of decisions of the Court of Appeal which concerned injunctions granted to prevent anti-social behavior (under the old provisions of the Housing Act 1996, or the so-called gang-injunctions granted under the Policing and Crime Act 2009; as yet, none seem to have arisen in the context of the “new” provisions of the Anti-Social Behaviour, Crime and Policing Act 2014).
(3) Was the breach of a carefully drafted term or a more general prohibition? Aggravating features will include deliberate flouting of the court’s order on repeated occasions and breach of a suspended order for imprisonment.
Mitigating features may comprise personal inadequacy, admissions of breach, a low level of anti-social behaviour and efforts to reform: does not, however, apply to repeat offenders .
Although it is not mandatory to deduct any time spent on remand from a sentence passed on committal it is open to the judge to reflect the period on remand in the total period of imprisonment when passing sentence: .
The conduct complained of in contempt proceedings may well also constitute a criminal offence.
Breach of an injunction is a contempt of court and punishable with an unlimited fine or imprisonment for a period of up to two years: s.14, Contempt of Court Act 1981.
Pursuant to s.258 of the Criminal Justice Act 2003, a defendant will be released from custody upon serving half of any period of imprisonment imposed in committal cases.In addition, where a contemnor is committed to prison, the court has power to order his discharge prior to completion of sentence where the contemnor purges his contempt (CPR r.81.31).By CPR 81.29(1) the court making the committal order may also order that its execution will be suspended for such period or on such terms or conditions as it may specify. 2377, CA Hale LJ acknowledged, at 2380/D, the “dearth of guidance on sentencing for contempt of court” and set out various factors which require particular consideration when deciding whether to suspend any sentence:  2 Ch 50 Lord Denning held, at 56/F, that, where a further breach is alleged a Judge hearing an application to activate a suspended committal order has a discretion whether or not to do so and may substitute some alternative penalty instead.In that case, if there is more than one set of proceedings the first court to sentence must not allow for, or anticipate, a likely further sentence.It is for the second court to reflect the prior sentence to ensure that the defendant is not punished twice for the same act: the appellant appealed against a committal order sentencing him to 14 months and 23 days’ imprisonment for breach of an anti-social behaviour injunction (“ASBI”).In June 2012 the respondent had obtained an ASBI as a result of an alleged seven-year history of domestic violence against the appellant’s ex-partner, with whom he had a child.