The Criminal Behaviour order can be applied for in the:

  • Magistrates Courts
  • Crown Courts, and
  • Youth Courts

Local Councils, Police and the Crown Prosecution Service are the only agencies that can apply for them.

These will orders will replace the ASBO on conviction and the drink banning order on conviction.

A Criminal Behaviour Order could include prohibitions and/or positive requirements that assist in preventing the offender from engaging in behaviour that could cause harassment, alarm or distress in the future. Such prohibitions could include not being in possession of a can of spray paint in a public place, not entering a particular area, or not being drunk in a public place. The requirements in an order could include attendance to a course to educate offenders on alcohol misuse and its effects. An order may only be made against an offender when he or she has been sentenced for the offence or given a conditional discharge. No order may be made where the offender has been given an absolute discharge or has only been bound over to keep the peace.

Where there is the possibility of making an order against a youth (person aged between 10 and 17 years), the applying authority must consult with the Youth Offending Team for their views and must inform the prosecution of these views.  Though this must take place it does not give the Youth Offending Team the power to veto the application.

Once the Prohibitions and Requirements are agreed and set by the court, it then becomes a criminal offence to commit any act the order prohibits the recipient from.  It is also a criminal act if the recipient does not fulfil the requirements of the order. Breach of a Criminal Behaviour Order can include a fine of up to £5000 and/or a prison sentence of up to 5 years for adults.  For youths it could be up to 2 year detention and training order. Where a criminal behaviour order is made against a person under 18 years of age the order must be for a fixed period of between one and three years. In the case of an adult, a criminal behaviour order must be for either a fixed period of two years or more or for an indefinite duration (can last a lifetime).

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