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Gang related injunctions, contempt of court and second chances (Korta-Haupt v Chief Constable of Essex Police)

Published on: 15 July 2020
Published by: LexisPSL
  • Gang related injunctions, contempt of court and second chances (Korta-Haupt v Chief Constable of Essex Police)
  • What are the practical implications of this case?
  • What did the court decide?
  • Case details

Article summary

Dispute Resolution analysis: Gang related injunctions are a relatively new device in the authorities’ toolkit in preventing gang related crime and violence. The non-association clauses of such injunctions are seen to be both particularly draconian and particularly effective. In this case two young men were made subject to such an order. Both contemnors managed to breach the order in the first year of its life and were committed to prison for those breaches. They ‘purged’ their respective contempts by agreeing (undertaking) to wear a GPS tracker, thus shortening the number of days they were committed to prison. Nevertheless, relatively soon afterwards, both had breached the orders again, including for one of the appellants, the undertakings in relation to the tracker, and this appeal concerned the length and type of sentences they received, for those additional breaches. This conjoined appeal examines the approach adopted by both first instance courts alongside the proper approach in considering an adjustment to the overall sentence to reflect the harsher prison regime because of coronavirus (COVID-19)—applying the criminal case of R v Manning to contempt cases. Written by Richard Shepherd, barrister, at Albion Chambers, Bristol. or take a trial to read the full analysis.

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