Cases

Thompson v Mitchell

Facts

The Applicant Mitchell was committed to prison in respect of breaches of a non-molestation order found by the court to be proven. HHJ Butler QC imposed a sentence of 72 days imprisonment for the three breaches and activated a 56 day period of imprisonment suspended by a previous order, making a total of 128 days. In giving judgment the judge had said that the Applicant was at liberty to purge his contempt but his sentence could not be halved. Sections 33 and 45 of the Criminal Justice Act 1991 provide that in the case of a contemnor committed to prison for a period of less than 12 months, the Secretary of State is under a duty to release the prisoner unconditionally. The judge ordered that he be 'committed to prison until 16th September 1991' thereby, in specifying a date, seeking to override the early release provisions.

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