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Application to enforce a custodial sentence for contempt of court where the contemnor admits breaching the order. Tia Bench is the mother of YY, a vulnerable adult who, it is agreed, lacks capacity to make decisions about contact. She had been made subject to a committal order for improperly visiting YY with 14 days terms of imprisonment suspended for 12 months. Within a month, she breached the order and did so on another occasion, admitting as much in evidence at this hearing.
HHJ Searle declines to enforce the order immediately, partly as it appears to her the contemnor has been trying to turn a new leaf, and so gives her the benefit of the doubt. Instead the judge re-sentences the contemnor to 21 days suspended for a further 12 months Read the judgment on Bailii Judgment concerning whether Ms Macpherson has capacity to conduct an appeal and had capacity during contempt proceedings
Short judgment concerning committal where the court first had to determine whether the subject of the committal order had capacity.
Read the judgment on Bailii Related judgments concerning contempt of court application and subsequent committal application
Appeal against a committal order where the appellant had admitted breaching orders made preventing her from recording or videoing her daughter.
Contempt of court hearing arising from the defendant’s breaches of orders relating to contact with her daughter, FP, who is living in a placement having been diagnosed with schizophrenia, a diagnosis the mother does not agree with. The judgment also deals with press reporting of the proceedings.
Application for the committal of one of the P's sons because of his breach of seven court orders. No custodial sentence or fine was imposed.
Application by the Public Guardian to commit the individual to prison after he disclosed information in breach of a transparency order. No order for committal was made.
The court made an order for committal to prison after the Respondent was found guilty of impersonating the P and incurring cost on the P’s behalf that he was not authorised to do. The Respondent, who did not attend the hearing, had been ordered not to contact the P or come within 100m of his house. This hearing was to determine whether he had breached those orders.
The court found that the Respondent had impersonated the P and had also incurred cost on the P’s behalf that he was not authorised to do. He was sentenced to 4 months in prison. Read the full text of the judgment on Bailii An application for committal for the failure of Ms K to comply with paragraph 7 of the order of Baker J 20th June 2016.
Contempt proceedings were issued by the applicant |
Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available.
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