Breach offences (other)

Anti-social behaviour, Crime and Policing Act 2014, Football Spectators Act 1989, s.14J
Effective from: 1 October 2018

 

Sentencing guidelines are available for 10 specific breach offences:

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,
Crime and Policing Act 2014

(Stops a person, business or organisation committing ASB which
spoils the community’s quality of life.)

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; to a fine of up to £20,000, 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) to imprisonment for a period not exceeding 3 months, or
(b) to a fine

A person who is guilty of remaining on or entering premises in contravention of a closure order is liable on summary conviction –
(a) to imprisonment for a period not exceeding 6 months, or
(b) to a fine, or to both.