Nazaqat Maqsoom of Kangs Solicitors explains the nature of Criminal Behaviour Orders which replaced Anti-Social Behaviour Orders, commonly known as Asbo’s.
What Is a Criminal Behaviour Order (‘CBO’)? | Kangs Criminal Law Solicitors
CBOs were introduced by the Anti-Social Behaviour, Crime and Policing Act 2014 and are available following conviction of any criminal offence in the Youth Court, Magistrates’ Court or the Crown Court.
The issue of a CBO is intended to prevent offending and to address the reasons for the offending/anti-social behaviour and may:
- prohibit the offender from any act described in the order such as entering a certain area, street or town entirely or for a certain period of time
- include a ban on drinking alcohol or swearing
- require the offender to undertake, for example, the completion of a course on substance abuse or any other cause of the anti-social behaviour.
The Test | Kangs CBO Advisory Solicitors
A court, before making a CBO must:
1) be 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
2) consider that making the order will help in preventing the offender from engaging in such behaviour.
Duration Of A CBO | Kangs Criminal Defence Lawyers
When an offender is:
- under the age of eighteen, the order must be for a period of between one and three years
- aged 18 or over, the order must be made for a fixed period of not less than two years or an indefinite period.
Failure To Comply | Kangs Criminal Advisory Solicitors
Failure to comply with the terms of a CBO can result in a prison sentence up to a maximum of five years, a fine or both.
How We Can Help | Kangs Criminal Defence Solicitors
If you are subject to a CBO or an application is being made against you for a CBO, Kangs Solicitors can assist you throughout the whole process.
Who Should I Contact? | Kangs Criminal Solicitors Defence Team
Feel free to contact any of the following will be happy to assist you: