Crime and Disorder Act 1998

22 Offences in connection with breach of orders. S

(1) Subject to subsection (3) below, if without reasonable excuse a person breaches an anti-social behaviour order [F1 , or an interim order under section 19(2A) above,] by doing anything which he is prohibited from doing by the order, he shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a term of imprisonment not exceeding six months or to a fine not exceeding the statutory maximum or to both; or

(b) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine or to both.

(2) Subsection (3) applies where—

(a) the breach of the F2 . . . order referred to in subsection (1) above consists in the accused having acted in a manner prohibited by the order which constitutes a separate offence (in this section referred to as the “separate offence”); and

(b) the accused has been charged with that separate offence.

(3) Where this subsection applies, the accused shall not be liable to be proceeded against for an offence under subsection (1) above but, subject to subsection (4) below, the court which sentences him for that separate offence shall, in determining the appropriate sentence or disposal for that offence, have regard to—

(a) the fact that the offence was committed by him while subject to [F3 the order so referred to];

(b) the number of such orders to which he was subject at the time of the commission of the offence;

(c) any previous conviction of the accused of an offence under subsection (1) above; and

(d) the extent to which the sentence or disposal in respect of any such previous conviction of the accused differed, by virtue of this subsection, from that which the court would have imposed but for this subsection.

(4) The court shall not, under subsection (3) above, have regard to the fact that the separate offence was committed while the accused was subject to [F4 the order so referred to] unless that fact is libelled in the indictment or, as the case may be, specified in the complaint.

(5) The fact that the separate offence was committed while the accused was subject to an anti-social behaviour order shall, unless challenged—

(a) in the case of proceedings on indictment, by giving notice of a preliminary objection under paragraph (b) of section 72 of the M1 Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”) or under that paragraph as applied by section 71(2) of that Act; or

(b) in summary proceedings, by preliminary objection before his plea is recorded,

be held as admitted.

(6) F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in s. 22(1) inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 44(3)(a), 89(2); S.S.I. 2003/288, art. 2, Sch.

F2 Words in s. 22(2)(a) repealed (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 44(3)(b), 89(2); S.S.I. 2003/288, art. 2, Sch.

F3 Words in s. 22(3)(a) substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 44(3)(c), 89(2); S.S.I. 2003/288, art. 2, Sch.

F4 Words in s. 22(4) substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 44(3)(c), 89(2); S.S.I. 2003/288, art. 2, Sch.

F5 S. 22(6)(7) repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), ss. 139, 140, 141(1), Sch. 6 para. 38(7), Sch. 7; S.I. 2004/874, art. 2

Commencement Information

I1 S. 22 wholly in force at 1.4.1999; S. 22 not in force at Royal Assent, see s. 121; S. 22(6)(7) and for the purposes of their application to an order under s. 20(4)(a) and to a sex offender order made under s. 20, s. 22(1)-(5) in force at 1.12.1998 by S.I. 1998/2327, art. 4(1); S. 22 in force to the extent that it is not already in force at 1.4.1999 by S.I. 1998/3263, art. 5

Marginal Citations

M1 1995 c.46.