Amandeep Murria of Kangs Solicitors discusses the increasing use of Criminal Behaviour Orders (CBO’s) being applied for at the Criminal Courts by the Crown Prosecution Service.
The Use of CBOs | Kangs Solicitors Specialist Crime Lawyers
The Provisions governing CBOs came into force on the 20th October 2014.
A CBO can be applied for by the Crown Prosecution Service for any criminal conviction at the Youth Court, Magistrates Court or Crown Court.
However, an application for a CBO is usually made for the purposes of tackling the most serious levels of criminality and/or behaviour.
There has been a recent trend for CBO applications to be made by the Crown Prosecution Service when convictions have been secured in respect of those individuals involved in Serious Organised Crime Groups (OCGs).
The Terms of a CBO | Criminal Defence Solicitors
The terms of a CBO can vary significantly dependent upon the type of criminality being addressed.
For instance, a CBO may include a number of prohibitions to prevent similar criminality from occurring again.
Various requirements may also be imposed on the person who is made the subject of a CBO so that the underlying issues and causes of the criminality can be addressed.
When Can the Court Impose a CBO? | Solicitors Defending Criminal Cases
A CBO can only be made if the Court is satisfied that the evidential threshold has been satisfied.
In short, the Court must conclude; firstly, the person who is to be made subject to a CBO has been engaged in behaviour that caused, or was likely to cause, harassment, alarm or distress to any person; and secondly, the CBO is necessary to assist in the prevention of this type of behaviour in the future.
Can the Terms of the CBO be Changed? | Crime Solicitors
An application can be made to vary the terms of a CBO if it transpires that the terms have become too onerous or are no longer practicable because of a change in circumstances.
An application can also be made to discharge the CBO if the CBO is, fundamentally, in breach of the Human Rights Act.
Consequences of Breaching a CBO | Kangs Specialist Criminal Lawyers
There are severe penalties for not complying with or breaching the terms of a CBO once it becomes effective.
If the Court imposes a CBO on a person who is under 18 years of age, the length of the Order must not be less than 1 year but no more than 3 years.
The position is very different for a person who has reached the age of 18 years. The length of the Order must not be for a period of less than 2 years or it can be imposed for an indefinite period.
How Can Kangs Solicitors Help? | Criminal Law Solicitors
Our highly experienced team of Serious Crime Specialist Solicitors is instructed on a regular basis in respect of all types of Complex Criminal cases and it is becoming increasingly evident that the Crown Prosecution Service will continue to apply for CBOs.
Our team of specialist lawyers at Kangs Solicitors has the expertise and in depth knowledge gained from successfully defending all types of Complex Criminal cases.
If the Crown Prosecution Service apply for a CBO, we will ensure that the terms and conditions attached to the Order are critically analysed and evaluated to ensure they are proportionate and do not impinge upon your Human Rights.
Who Can I Contact? | Kangs Solicitors
We are happy to provide clients and fellow professionals with an initial no obligation consultation.
Our team of specialist lawyers can be contacted through the following: