Section 26 Offence of failing to comply with a prohibition order or premises orderI1

United Kingdom

(1)

A person against whom a prohibition order or a premises order is made commits an offence by failing to comply with the order.

(2)

A person guilty of an offence under this section is liable—

(a)

on summary conviction in England and Wales—

(i)

to imprisonment for a term not exceeding F1the general limit in a magistrates’ court (or 6 months, if the offence was committed before F22 May 2022), or

(ii)

to a fine,

or both;

(b)

on summary conviction in Scotland—

(i)

to imprisonment for a term not exceeding 12 months, or

(ii)

to a fine not exceeding the statutory maximum,

or both;

(c)

on summary conviction in Northern Ireland—

(i)

to imprisonment for a term not exceeding 6 months, or

(ii)

to a fine not exceeding the statutory maximum,

or both;

(d)

on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine, or both.

(3)

A person does not commit an offence under this section if—

(a)

the person took all reasonable steps to comply with the order, or

(b)

there is some other reasonable excuse for the failure to comply.

Annotations

Textual amendments

F1: Words in s. 26(2)(a)(i) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1
F2: Words in s. 26(2)(a)(i) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1

Commencement

I1: S. 26 in force at 26.5.2016 by S.I. 2016/553, reg. 2