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
- 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.
- 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
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.