Can I really go to prison, just for breaking a promise?
If you give an undertaking to the County Court and you breach that undertaking, civil contempt proceedings may be issued and you may face a fine or more seriously, be committed to prison. An undertaking, is a formal pledge or promise to do something and it is made to the Court. To put it simply, a person is in contempt of Court if they break that promise. The Court see a breach of an undertaking as a serious offence and that is why sending a person to prison for doing as such, is within the powers of the County Court. If you are accused of breaching an undertaking, you may need the help of Emery Johnson Astills’ expert Crime Team!
So can I really go to prison, just for breaking a promise? The answer is yes!
Similarly, if you are subject to an injunction that has been granted under Part 1 of the Anti-Social Behaviour Crime and Policing Act 2014 and you breach that injunction, then you may face breach proceedings. As with breaching an undertaking, you could receive a fine or be sent to prison. With Emery Johnson Astills by your side, your case can be defended to try and avoid any potential prison sentence.
An injunction is a Court order requiring an individual to perform, or restrain from performing, a particular act. For example, you may be subject to an injunction forbidding you from engaging in conduct causing, or likely to cause a nuisance or annoyance to any resident or visitor engaging in lawful activity on your street.
For the purposes of legal aid funding, civil contempt of Court cases and breach of an injunction cases are seen as criminal, as there is a risk of being sent to prison. Legal aid can help you meet the costs of legal advice and representation in Court.
If you have breached an undertaking that you have given to the Court and find yourself subject to contempt of Court proceedings, you may want to consider contacting a member of the Crime Team at Emery Johnson Astills solicitors in Leicester. Again, if you have breached your injunction and are facing breach proceedings, Emery Johnson Astills would be more than happy to assist you. We have a specialist Crime Team that have experience dealing with both civil contempt proceedings and breach of an injunction proceedings. Please do not hesitate to contact us on 0116 2554855.