Torbay Council v Bench & Anor [2023] EWCOP 75 (T2)

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