Housing and Planning Act 2016
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Change 1
21 Offence of breach of banning order
(1) A person who breaches a banning order commits an offence. (2) A person guilty of an offence under subsection (1) is liable on summary conviction to imprisonment for a period not exceeding 51 weeks or to a fine or to both. (3) If a financial penalty under section 23 has been imposed in respect of the breach, the person may not be convicted of an offence under this section. (4) Where a person is convicted under subsection (1) of breaching a banning order and the breach continues after conviction, the person commits a further offence and is liable on summary conviction to a fine not exceeding one-tenth of level 2 on the standard scale for each day or part of a day on which the breach continues. (5) In proceedings for an offence under subsection (4) it is a defence to show that the person had a reasonable excuse for the continued breach. (6) In relation to an offence committed before section 281(5) of the Criminal Justice Act 2003 comes into force, the reference in subsection (2) to 51 weeks is to be read as a reference to 6 months.
21 Offence of breach of banning order
(1) A person who breaches a banning order commits an offence. (2) A person guilty of an offence under subsection (1) is liable on summary conviction to imprisonment for a period not exceeding 51 weeks or to a fine or to both. (3) If a financial penalty under section 23 has been imposed in respect of the breach, the person may not be convicted of an offence under this section. (4) Where a person is convicted under subsection (1) of breaching a banning order and the breach continues after conviction, the person commits a further offence and is liable on summary conviction to a fine not exceeding one-tenth of level 2 on the standard scale for each day or part of a day on which the breach continues. (5) In proceedings for an offence under subsection (4) it is a defence to show that the person had a reasonable excuse for the continued breach. (6) In relation to an offence committed before section 281(5) of the Criminal Justice Act 2003 comes into force, the reference in subsection (2) to 51 weeks is to be read as a reference to 6 months.
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