Criminal Behaviour Orders were brought into force by the Anti-social Behaviour, Crime and Policing Act 2014. They were introduced to replace Anti-Social Behaviour Orders, and are targeted at persistent criminal offending behaviour.
An order can be imposed after a conviction where:-
– the court is satisfied, beyond reasonable doubt, that the offender has engaged in behaviour that caused, or was likely to cause, harassment, alarm or distress to any person; and
– the court considers making the order will help in preventing the offender from engaging in such behaviour.
The conditions of an order can be restrictive (for example preventing someone from having an open container of alcohol in public, or from going to a particular area) or they can positively require someone to do something (for example to attend alcohol counselling)
The prohibitions conferred by a CBO can be overly restrictive, and even interfere unfairly with someone’s human rights. It is very important to robustly challenge the making of such an order (and the conditions contained within it) because a CBO can be ordered to apply for an indefinite period of time. In the case of someone under 18, there is a maximum 3 year limit.
We regularly contest applications for a CBO at court. This involves an analysis of the evidence put forward in support of an application, to identity where there is a legal basis to stop an order being made, or to reduce the impact it may have upon your life and relationships.
In some cases, the conditions of a CBO may become unworkable. Alternatively, it may be arguable that enough time has passed so as to make the order unnecessary. In these circumstances, there is a power to apply to the court to have the order discharged, or varied. We can make the argument in court on your behalf in the strongest terms.
In the event of a breach of CBO, the penalties can be severe. The maximum sentence is five years imprisonment. Please contact us for free advice if you have been accused of breach, or wish to discuss the conditions of your existing CBO.