04 January, 2016
In November 2015, Riverside obtained an injunction and power of arrest against the Defendant in relation to on-going anti-social behaviour. The complaints included, amongst other things, the Defendant displaying drunk and disorderly behaviour in public, walking around in public in a state of undress, causing damage to his property, threats to neighbours, shouting, swearing and playing loud music, punching another resident, kissing, hugging and inappropriately touching other residents. The order was granted for the duration of the tenancy.
In December 2015, improvement works were being carried out to the Defendant's property. Whilst contractors were inside the property, the Defendant used/ threatened to use violence against them on 6 occasions. The Defendant was subsequently arrested for breach of the injunction and was brought before a Circuit Judge. The Defendant denied the allegations of breach and the hearing was adjourned for later that week.
The Defendant attended the adjourned hearing along with his support worker. The Defendant admitted all of the allegations of breach made against him. The Defendant's support worker advised the Court that it had been arranged for the Defendant to attend a detox programme and that referrals had been made to the mental health team. The support worker also advised the Court that they would assist the Defendant to get involved with charity work to enable him to use his time more productively.
The Circuit Judge praised the Defendant's support worker for the assistance he had provided to the Defendant and praised Riverside for the way they had approached the case.
The Defendant was sentenced to 4 months imprisonment suspended for 12 months for each breach of the injunction. The Circuit Judge ordered that the sentences should run concurrently. The total imprisonment received was 4 months suspended for 12 months.
The injunction and power of arrest obtained in November 2015 shall remain in force for the duration of the tenancy.
If you have any questions relating to this article, please contact Lara Geldard by email or on 01772 220389.