New Criminal Behaviour Orders to replace Anti-Social Behaviour Orders

The criminal behaviour order is being introduced to deal with, what the Government labels, the hard-core of persistently anti-social individuals who are also engaged in criminal activity. The court can make a criminal behaviour order against the offender if two conditions are met:

1. the person has engaged in behaviour that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as the offender; and
2. the court considers that making the order will help in preventing the offender from engaging in such behaviour.

The order may only be made in addition to a sentence imposed in respect of the offence at (i) above, or b) in addition to a conditional discharge. For those under the age of 18 the Youth Offending team must be consulted to ascertain their views before the prosecution can apply for a criminal behaviour order.

A judge must be convinced beyond reasonable doubt that the offence was actually committed to issue a Criminal Behaviour Order.

A criminal behaviour order is granted for a specific period of time and can include specified requirements and must also detail the person who is to be responsible for supervising compliance with the requirements. Provisions can be included in the order to prohibit an act or provide a requirement to complete an approved course (i.e. drug rehabilitation or alcohol program) and compliance can result in the order ceasing to have effect if the offender satisfactorily completes those requirements.

Breaching the order has a very harsh punishment with the ability to be imprisoned for a maximum of 5 years.

It will be interesting to see how long it will be before the teething problems, that are bound to appear, rear there head, so at the moment it is time to sit back and wait. It will also be interesting to see how the courts will deal with the breach proceedings that are inevitable for such an order. The power to imprison for a maximum of 5 years must surely mean that a breach will result in the matter being sent to the crown courts and this may cause some backlash, but that is a whole new can of worms that is better left for another time.  This is a new order from the Anti-Social Behaviour, Crime & Policing Act 2014 and came into force on the 20th October 2014.

Legal aid is available for clients facing applications for breaches to Criminal Behaviour Orders on the same means tested basis as for any other criminal offence.

No one should face a prosecution for breaching a court order unrepresented, as you could be facing a prison sentence. The court views all breaches seriously particularly if they appear wilful and deliberate refusals to comply with the punishment or rehabilitation.