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Bromford Housing Association Ltd v Alessandra Warwick

[2024] EWCC 6
A woman was found guilty of breaking a court order 18 times. The judge gave her a two-month jail sentence but said she didn't have to go to jail if she stayed out of trouble for six months. The judge also considered how full prisons are when deciding on her punishment.

Key Facts

  • Bromford Housing Association Ltd brought a case against Alessandra Warwick for 18 breaches of an injunction.
  • The defendant, Warwick, did not attend the hearing.
  • The breaches were deemed serious and had a substantial impact on the victims.
  • Warwick had previously spent a month in prison on remand.
  • This was Warwick's first appearance in court for breaching the injunction.
  • There are significant issues with prison capacity in the UK.

Legal Principles

Sentencing for breaches of injunctions considers the seriousness of the breaches, impact on victims, defendant's prior record, and mitigating circumstances.

Case Law and Sentencing Guidelines

Courts consider the practicality of custodial sentences given prison capacity issues.

Implicit in Judge's comments

CPR 81 and its Practice Direction govern the provision of transcripts and publication of judgments.

CPR 81 and PD

Outcomes

The defendant's application for adjournment was refused.

Defendant failed to attend the hearing.

Warwick was sentenced to two months imprisonment, suspended for six months.

Seriousness of breaches, impact on victims, time spent on remand, and lack of prior record were considered. The judge considered the custodial threshold was passed but balanced this with mitigating factors and practical considerations surrounding prison capacity.

A transcript of the judgment will be produced at public expense and published on the Judiciary website.

Requirement under CPR 81 and PD.

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