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    "Noted for the excellence of its white-collar defence practice"

    Chambers & Partners, 2014 edition

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    "Outstanding financial crime defence practice"

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    "It’s a deluxe firm which pulls out all the stops for its clients"

    Chambers & Partners, 2014 edition

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    "They are the market leaders for serious crime’"

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    "Kangs has an excellent reputation. They care about their clients and go the extra mile for them"

    Chambers & Partners, 2014 edition

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    "Kangs Solicitors is a standout firm"

    Legal 500, 2014 edition

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    "Kangs Solicitors is in the highest tier of firms"

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    "Hamraj Kang is noted for his very sharp legal brain"

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    "Kangs Solicitors fields a team of ‘technically able solicitors’
    and is well regarded for its serious crime and fraud work"

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    "Hamraj Kang is a shrewd tactician and very experienced"

    Legal 500, 2013 edition

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    "What the team is known for - handles an extensive array of criminal matters
    including murder, drugs and white-collar crime"

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    "Adept at dealing with cases that have an international dimension"

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    Criminal Behaviour Orders | Kangs Solicitors

    Criminal Defence Solicitors | Vat & Tax SolicitorsNEWSCriminal Behaviour Orders | Kangs Solicitors

    Nov

    28

    November 28 , 2016 | Posted by Kangs Solicitors |

    Criminal Behaviour Orders | Kangs Solicitors

    Sukhdip Randhawa of Kangs Solicitors explores the recent introduction of the Criminal Behaviour Order which supersedes the existing Antisocial Behaviour Order, Drinking Banning Order and the Individual Support Order.

    What is a Criminal Behaviour Order? | Kangs Criminal Defence Solicitors

    Criminal Behaviour Orders can only be imposed as part of an ancillary order after conviction and include prohibitions to stop the antisocial behaviour.

    Unlike the previous Antisocial Behaviour Orders they may include requirements to address the underlining causes of the offender’s behaviour.

    The prosecution make the application and the test to be applied is as follows:

    • The court must be satisfied beyond a 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 that the making of the order will help in preventing the offender from engaging in such behaviour.

    Antisocial Behaviour Order | Criminal Behaviour Order| Main Difference

    1. The description of ‘behaviour’ no longer has reference to ‘not of the same household’ and is, therefore, much wider than the previous Anti-Social Behaviour Order and can cover family situations.
    2. The necessity test becomes a helpful test.

    Sentencing | Kangs Criminal Defence Solicitors

    The court may impose both a requirement and a prohibition.

    In deciding whether to make a Criminal Behaviour Order a court may take account of conduct occurring up to one year before the commencement date and there is no requirement in the legislation that there is a nexus between the criminal behaviour which led to the conviction and the harassment, alarm or distress to be proved for the Criminal Behaviour Order.

    Unlike the previous Anti-Social Behaviour Orders the court no longer needs to be satisfied that the order is necessary in order to protect persons.

    Where a Criminal Behaviour Order is made and the offender has not reached the age of 18, the Order must be for a fixed period of not less than one year and not more than three years.

    Where a Criminal Behaviour Order is made and the offender is 18 or over the order must be for a fixed period of not less than two years or an indefinite period (so that the order has effect until further order).

    There is a right of appeal against a Criminal Behaviour Order made in the Magistrates’ Court and the Order can be varied or discharged in the Magistrates’ Court.

    Breaching the Order | Kangs Criminal Defence Solicitors

    If the matter is dealt with in the Magistrates’ Court then, on breach of this Order, the person pleading guilty is liable to six months imprisonment, a fine or both.

    On conviction on indictment in the Crown Court, the person pleading guilty is liable to imprisonment for a period not exceeding five years, a fine or both.

    Who can I Contact for Help? | Kangs Criminal Solicitors

    Our team of experienced lawyers can protect you in these proceedings which frequently cross over from civil to criminal proceedings. 

    Please feel free to contact our team through either of the following who will be happy to provide you with some initial advice and an informal chat about any of the issues in this article which may be of interest to you.

    CONTACT:

    Mr Sukhdip Randhawa
    srandhawa@kangssolicitors.co.uk
    0121 449 9888 | 020 7936 6396 | 07989 521 210 (24hr Emergency Number)

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