Defending or challenging breach of an anti-social behaviour injunction
Breach of anti-social behaviour injunction solicitors
If you have had an anti-social behaviour injunction imposed on you and it has been alleged that you have breached this, you could face up to two years in prison and/or an unlimited fine if you are found guilty.
Breach of an anti-social behaviour injunction is considered to be contempt of court and is dealt with seriously by the criminal justice system.
If you have been notified that you are being pursued for breach of an injunction, you are strongly advised to seek legal advice without delay. The sooner a legal representative starts work on your behalf, the better the chance of dealing effectively with the situation.
We have extensive experience in defending and challenging allegations of the breach of anti-social behaviour injunctions and a proven track record of success for our clients.
When is an anti-social behaviour injunction imposed?
Anti-social behaviour injunctions are imposed in respect of matters including drunken or threatening behaviour, vandalism and graffiti and playing music loudly at night.
The courts have the power to impose a civil injunction, a Community Protection Notice (CPN) or a Criminal Behaviour Order (CBO). A CBO is only issued when someone has been convicted of a crime.
Civil injunctions and CBOs can be given to individuals who are aged 10 or over, while CPNs can be given to those aged 16 or over.
What happens when someone receives an anti-social behaviour injunction?
When the court makes an anti-social behaviour injunction, a CPN or a CBO it will set out a number of rules that you need to follow.
This could be avoiding a certain place, not seeing specified people, dealing with damage that you have caused to property or attending a drug rehabilitation course or other support group.
The court will also tell you how long you will be bound by the terms of the order. There is no maximum limit if you are aged 18 or over, but if you are subject to a CBO it will be reviewed every year and may be renewed or ended.
What happens if you breach an anti-social behaviour injunction?
If you are aged 18 or over, you could face up to two years in prison or an unlimited fine if you breach a civil injunction. If you breach a CBO, the maximum penalty for adults is up to five years in prison and/or an unlimited fine.
There may be other consequences of a breach, such as eviction from your home if you are a tenant and the alleged beach occurred in the locality of your property or the condition of the injunction that was breached was intended to prevent nuisance or annoyance to your landlord.
Defending or challenging allegations of a breach of an anti-social behaviour injunction
If you have been advised of potential legal action for breach of an anti-social behaviour injunction or you have been arrested, you are recommended to speak to a solicitor as soon as possible. If you ask us to represent you, we can intervene straightaway to start building a case to defend you.
The prosecution is required to prove beyond reasonable doubt that you have breached the injunction. We will go through what has happened with you and ensure you have a robust defence giving you the best possible chance of avoiding a conviction for breach of your anti-social behaviour injunction.
Contact our Birmingham criminal defence solicitors
If you have been told that proceedings are being commenced against you in respect of the breach of an anti-social behaviour injunction, call to speak to one of our legal experts.