Burnley Man Jailed for Repeatedly Breaching Criminal Behaviour Order

A Burnley man has been jailed for breaching his Criminal Behaviour Order (CBO) twice on successive days.

Paul Manley, 52, of Holmes Square Gardens, Burnley, admitted breaching the order when he appeared at Blackburn Magistrates' Court on Monday, 11th January 2021.

He reappeared at the same court the following day, Tuesday, 12th January 2021, to admit a further breach of the order in almost identical circumstances to the first.

Manley, who has 139 previous convictions for 316 offences, was made subject to the order on 9th September 2019 in an effort to curb his drunken antics within Burnley town centre.

Scott Parker, prosecuting, told the court that the chronic alcoholic attended the Spar shop at Kitchens Service Station in Burnley early on Monday morning, despite being prohibited from doing so. He was found drinking alcohol inside the shop and making a nuisance of himself to staff and customers.

Manley was arrested and put before the court that afternoon, when the bench incorrectly decided to dispose of the offence by way of a conditional discharge (which is not an option in the case of a CBO breach - please see our earlier CBO guide for further information).

Just a few hours later, at 3 am on Tuesday morning, police were called back to Kitchens Service Station, where they found a drunken Manley sitting in a plant pot and swigging alcohol. He was arrested for a second time and again presented before the court.

Realising that a sentencing error had been made in relation to the offence of 11th January, Deputy District Judge Helen Chapman reopened that case.

Laura Haywood, mitigating, said her client was an alcoholic who had numerous issues.

She said at the moment he had an address, which was a positive, and if he were to go to prison he would lose that stability in his life.

Miss Haywood said on the second occasion Manley said he was simply sheltering from the rain and was not causing any difficulties.

"I have explained to him that the map excludes him from the shop and the forecourt area," said Miss Haywood.

Judge Chapman was of the opinion that Manley's flagrant disregard of court orders was so serious that only an immediate custodial sentence was appropriate.

She sentenced him to 8 weeks' custody for each offence, to run consecutively (so 16 weeks' custody in total).