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A persistent offender has been given a suspended jail sentence after a court heard he twice breached a five-year criminal behaviour order within 24 hours of it being imposed.
Samuel Day, 31, of Thomas Close, Springfield, was arrested by a Chelmsford Town Centre Team officer on 24 August 2023 for twice breaching a criminal behaviour order (CBO) imposed the previous day, which prohibited him from begging and from leaving belongings in the city centre.
And on 19 March 2024, Day was sentenced by Southend magistrates for both breaches. He was also sentenced for a common assault, common assault of a police officer, a public order offence and possession of cannabis.
Inspector Sam Girdlestone, of Chelmsford Town Centre Team, says:
“Day was not just leaving a small amount of things in the city centre. At times, he had left large pieces of furniture in the street.
“And he has a history of begging and aggressive behaviour, which is why the criminal behaviour order was imposed by magistrates in the first place. And he has continued to offend since it was imposed.
“We don’t tolerate persistent anti-social behaviour and will always seek to secure charges where we have the evidence.
“We want to ensure Chelmsford is a safe place to live, work and visit and I’d like to thank the victims and witnesses who come forward every day to support the police in taking action against this type of offending.”
In all, Day was jailed for a total of 28 weeks, suspended for 18 months, and given a 60-day rehabilitation activity requirement and ordered to pay £100 compensation. An order was made for the forfeiture and destruction of the drugs.
Day was initially made the subject of a CBO by Chelmsford magistrates on Wednesday 23 August 2023 after they heard he had consistently breached previous community protection notices.
At that hearing, Day admitted failing to comply with a community protection notice on three occasions the previous month.
The five-year criminal behaviour order required him to cease begging in Chelmsford city centre, not to be in possession of any open container of alcohol in any outdoor public place in the city centre and not to leave any belongings in the city centre.
Magistrates heard that Day had previously left large items in the High Street, such as a chaise lounge and a mattress. The following day, Day was arrested for twice breaching the CBO, once by begging a member of public for money and once by leaving personal belongings in the street.
At Chelmsford Magistrates’ Court on 26 August 2023, Day admitted both offences. Magistrates amended his CBO so he could leave up to three small items of bedding and one bag of personal belongings in the city centre. Sentencing was deferred until 20 March 2024.
Between those two court dates, Southend magistrates were told, Day had abused a Tesco security officer after urinating against the store in Springfield Road, Chelmsford. Day admitted using threatening, abusive or insulting words or behaviour with intent to cause harassment, alarm, on 4 September 2023, and assaulting a police officer while in custody.
And he also admitted assaulting a Chelmsford Council community safety officer on 18 January 2024 in the city’s Clock Tower Retail Park.
CBOs are designed to tackle the most serious and persistent anti-social individuals where their behaviour has brought them before a criminal court.
CBOs also tackle the underlying causes of offending and, where appropriate, require offenders to engage in treatment services, such as drug and alcohol addiction support.
It is an offence to breach the terms of a CBO and courts can impose a jail sentence or a fine, or both, for an adult convicted of breaching them.
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