Swindon Borough Council's appeal dismissed over injunction breach

Background and Initial Proceedings

The case involved Swindon Borough Council's appeal against a decision by District Judge Bloom-Davis regarding breaches of an injunction by the respondent, Zackeriah Gordon. The injunction, issued on 17 October 2022, aimed to prevent Mr Gordon from engaging in anti-social behaviour, particularly related to reckless driving and participation in car gatherings.

The Injunction and Breaches

The injunction prohibited Mr Gordon from driving recklessly, being present in public car parks, and attending gatherings of three or more cars. Despite this, Mr Gordon breached the injunction multiple times, leading to his arrest on several occasions. On 25 October 2022, he was sentenced to eight days of suspended imprisonment.

Subsequent Breaches and Legal Proceedings

Following further breaches, including being found at a car meet on 30 October 2022 and another incident on 26 February 2023, Mr Gordon admitted to these violations. However, procedural delays ensued, largely due to the need to accommodate Mr Gordon's disability with appropriate court facilities.

Judgment and Appeal

On 28 March 2023, District Judge Bloom-Davis ruled that the court lacked jurisdiction to impose a sentence for the breaches due to the expiration of the 28-day time limit set by CPR 65.47(3)(a). Consequently, no order was made against Mr Gordon, and he was discharged.

Appeal Arguments

Swindon Borough Council appealed, arguing that the District Judge erred in determining he lacked jurisdiction. They contended that the 28-day limit should not apply to sentencing once a breach is admitted, and that the court should have the power to activate the suspended sentence despite the time lapse.

Legal Analysis and Decision

Judge Glen, presiding over the appeal, upheld the original decision, emphasising that 'the matter' referred to in CPR 65.47 encompasses the entire proceedings, including sentencing. The rule's intent is to provide a summary procedure for straightforward cases, with the 28-day limit ensuring expediency.

Implications of the Ruling

The ruling highlights the importance of adhering to procedural time limits in injunction breach cases. It underscores the need for legal practitioners to act swiftly and within prescribed timelines to avoid jurisdictional issues.

Conclusion

The appeal was dismissed, reaffirming the procedural boundaries set by CPR 65.47. The case serves as a reminder of the critical role procedural rules play in the administration of justice.

Learn More

For more information on anti-social behaviour injunctions and related legal procedures, see BeCivil's guide to Resolving Construction Disputes.

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