North Warwickshire Borough Council v Victoria Lindsell

For a deliberate breach of a civil injunction, the court may use the Sentencing Guidelines for breach of a Criminal Behaviour Order as a structured starting point for determining the appropriate sanction. The assessment proceeds by reference to culpability and harm. The court must then account for the available sanctions, the defendant’s means, any admission at the first opportunity, and aggravating or mitigating factors. A fine may be reduced to reflect limited means and an appropriate guilty-plea-style discount. Consistency in payment arrangements for comparable breaches is also a relevant consideration.

North Warwickshire Borough Council applied for the sanction to be imposed after Victoria Lindsell admitted knowingly breaching a civil injunction. The court was satisfied to the criminal standard that the breach was deliberate. The central issue was the appropriate sanction, including the relevance of criminal sentencing guidance, the defendant’s culpability and the harm caused, her limited means, the early admission, and the appropriate payment period.

1. The court found, to the criminal standard, that the defendant knew of the injunction and deliberately breached it.

2. Although the Sentencing Guidelines for breach of a Criminal Behaviour Order concern criminal proceedings, they provide an appropriate starting point and sentencing range for a breach of a civil injunction.

3. The guideline framework required assessment of culpability and harm. The defendant’s deliberate breach placed culpability in band B. Because no material harm flowed from the breach, harm was assessed at level 3. The resulting B3 range supplied the starting point for the sanction.

4. A community service order was unavailable for breach of a civil injunction. A fine was therefore appropriate. The starting point of £1,200 for a defendant of adequate means was reduced by half to £600 because of the defendant’s very limited means.

5. The defendant’s acceptance of the breach at the first opportunity justified a one-third reduction, producing a fine of £400. No aggravating or mitigating factors altered that figure.

6. Consistency with sanctions and payment arrangements imposed for similar breaches was important. The fine was ordered to be paid at £20 per month over 12 months.