A Carlisle man has avoided custody after being convicted of his ninety-fifth breach of either a criminal behaviour or anti-social behaviour order.
Andrew John Jason Bell, 49, of no fixed abode, admitted breaching his criminal behaviour order during a recent hearing at Carlisle Magistrates' Court.
Breaching a criminal behaviour order is an offence under section 339 of the Sentencing Act 2020. The maximum sentence is 12 months' custody and/or an unlimited fine on summary conviction; 5 years' custody and/or an unlimited fine on conviction on indictment. We have previously written a guide on CBOs, which readers may find of interest.
Despite being banned from the popular city centre thoroughfare, Bell was observed on Bothergate, Carlisle, during the early hours of Sunday, 1st November 2026.
Peter Kelly, prosecuting, conceded that the 49-year-old was not misbehaving at the time.
John Smith, mitigating, told the court that his client had recently been released from custody and was having an ongoing struggle to find accommodation.
Mr Smith told the court that homelessness charity Betel had indicated it was "open-minded" to the idea of housing Bell at a property in Northumberland.
Considering the circumstances, District Judge Philip Holden was of the view that Bell's breach had been a deliberate one that crossed the custody threshold.
However, given the possibility of accommodation being found for Bell, DJ Holden elected to suspend the custodial term.
Addressing Bell, DJ Holden said: "I am going to give you that chance. Whether you take the chance is a matter for you. You know that of you breach that order by committing further offences, and whatever you get for any other offence."
"It's up to you. You are still subject to the CBO."
This is a desperately sorry tale. Bell has been through the system umpteen times, yet nothing has yet curbed his offending.
Hopefully some stable accommodation might finally do the trick, but the ball really is in his court.
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