Sentence - imposition on young person of maximum term excessive - provision for 14 days' notice 'unless the court otherwise directs'

Turnbull v Middlesbrough Borough Council: CA (Lords Justice Kennedy and Peter Gibson): 28 August 2003

In September 2002, an injunction was imposed on the defendant, who was 19 years of age, prohibiting him from entering a defined city area.

In October 2002, he was sentenced to three months' imprisonment for breach of the order.

On 1 April 2003, committal papers were again served on the defendant in respect of continuing breaches.

On 7 April, the case was heard in the county court in his absence and a sentence of two years' imprisonment imposed on him.

He appealed.

Sarah Woolrich (instructed by Appleby, Hope & Matthews, Middlesbrough) for the defendant; Anesh Pema (instructed by the Head of Legal Services, Middlesbrough Borough Council) for the council.

Held, allowing the appeal to the extent of reducing the sentence to nine months, that the courts should reserve the maximum two-year sentence for the worst cases; that its imposition on a young person for acts involving no personal abuse or threats of violence was manifestly excessive; and that the practice, apparently adopted in many county courts, of listing the hearing of contempt proceedings without regard to the provisions in paragraph 4.2 of the practice direction to the County Court Rules, order 29, that 'unless the court otherwise directs' the committal hearing be not less than 14 clear days after service of the committal notice required reconsideration.