Section 21 — Housing and Planning Act 2016: Offence of breach of banning order

Offence of breach of banning order 21 1 A person who breaches a banning order commits an offence.

2 A person guilty of an offence under subsection (1) is liable on summary conviction to imprisonment for a period not exceeding 51 weeks or to a fine or to both.

3 If a financial penalty under section 23 has been imposed in respect of the breach, the person may not be convicted of an offence under this section.

4 Where a person is convicted under subsection (1) of breaching a banning order and the breach continues after conviction, the person commits a further offence and is liable on summary conviction to a fine not exceeding one-tenth of level 2 on the standard scale for each day or part of a day on which the breach continues.

5 In proceedings for an offence under subsection (4) it is a defence to show that the person had a reasonable excuse for the continued breach.

6 In relation to an offence committed before section 281(5) of the Criminal Justice Act 2003 comes into force, the reference in subsection (2) to 51 weeks is to be read as a reference to 6 months.