Section 59 Offence of breaching CCE prevention orderI1
England and Wales Not yet in force
A person who, without reasonable excuse, fails to comply with an order mentioned in subsection (2) commits an offence.
The orders are—
a CCE prevention order;
a CCE prevention order under Schedule 7 (CCE prevention orders in Scotland);
a CCE prevention order under Schedule 8 (CCE prevention orders in Northern Ireland).
A person who commits an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
on conviction on indictment, to imprisonment for a term not exceeding five years or a fine (or both).
Where a person is convicted of an offence under this section, it is not open to the court by or before which the person is convicted to make, in respect of the offence, an order for conditional discharge.
In proceedings for an offence under this section, a copy of the original order mentioned in subsection (2), certified by the proper officer of the court that made it, is admissible as evidence of its having been made and of its contents to the same extent that oral evidence of those matters is admissible in those proceedings.
In section 80(3) of the Sentencing Code (list of circumstances where an order for conditional discharge is not available) after paragraph (f) insert—
“(g)section 59(4) of the Crime and Policing Act 2026 (breach of CCE prevention order);”.
The Secretary of State may by regulations amend subsection (2) so as to add to or remove from the list of orders any relevant UK order.
“Relevant UK order” means an order under the law of Scotland or Northern Ireland which appears to the Secretary of State to be equivalent or similar to a CCE prevention order.
Annotations
Commencement
- I1
S. 59 not in force at Royal Assent, see s. 255(1)