What happens if a CPN is breached?
If someone fails to follow a CPN, here’s what happens:
- First Warning – A warning will be given to them documenting where a CPN has been breached.
- Reporting the Problem – A report statement will be sent to who issued the CPN, explaining what has happened.
- Giving Evidence – Those who witnessed the problem , if required, will need to tell a court what they saw.
- Other Witnesses – If someone else witnessed the breach, their details will be given to the issuer so they can check what happened.
- Possible Actions – Breaching a CPN can be dealt with by arrest, summons or FPN.
Prosecutions or actions for a breach of a CPN
Evidence of a CPN being breached can come from different sources. This is why it is important that everyone involved in issuing CPNs knows about:
- all active CPNs
- all CPN requirements
This will:
- help the sharing of evidence of a breach
- allow for good management of those who fail to follow a CPN
Each breach of a CPN is looked at separately. The best response is decided based on each situation.
Depending on the case, different actions can include:
Changes and updates to a CPN
Changes can be issued to the CPN:
- where new requirements need to be added
- if there have been no breaches and the existing CPN is nearly expired
Responses to breaches
Cautions can be given to adults (over 18). This is based on:
- their past behaviour, and
- the type of breach
Those under 18 can be referred to the Youth Offending Service. They will help decide the next steps.
A Fixed Penalty Notice (FPN) can be given at any point. Paid fines go to the local authority.
If someone keeps breaching CPNs, stricter actions can be taken, such as applying for a Criminal Behaviour Order (CBO).
If all other options fail, the person can be taken to court. All previous evidence of the CPN and breaches will be presented.
Court punishments
If found guilty in court:
- individuals can be fined up to level 4 on the standard scale (£2,500)
- businesses or organisations may face unlimited fines