Is it an ASBO?
The criminal behaviour order (CBO) replaced the Anti-social behaviour order (ASBO) and can be made if convicted of a criminal offence. There are some key differences between the two orders, but the overall impact is very similar.
When can a CBO be made?
As long as the two-stage test is met an order can be imposed on any person over the age of ten, although a local offending team must be consulted before an order is made in respect to anyone under 18 years of age. An order cannot be imposed if an absolute discharge was the sentence imposed for the criminal offence.
The first condition is that the court must be satisfied that the person has engaged in behaviour that caused or was likely to cause harassment alarm or distress to any person.
The second condition is that making the order will help prevent the person from engaging in such behaviour.
Who applies for it?
An application has to be made by the prosecution; the court cannot decide to impose an order of its own accord.
Do I get to say anything?
If an order were to be considered against you, then you would be given the opportunity to consider any proposal, read the evidence in support and to make representations. As long as you have been given notice of the hearing, an order can be made in your absence, and a warrant may be issued for your arrest.
What does the order mean?
A CBO can contain prohibitions and positive requirements. Prohibitions may be an exclusion from a particular area, possession of alcohol or certain articles in public; requirements may include supervision or treatment programmes.
Any order has to be proportionate, reasonable and tailored to your specific needs. The court has to consider the behaviour that they are trying to prevent while considering the requirements.
How long will it last?
An order must be for a minimum of two years and can last indefinitely (or not less than one year and not more than 3 years in respect to a person under 18 years of age). It will come into force on the day that it is made unless you are already subject to an order, then it can come into force at the end of the current one.
Orders must be reviewed yearly.
Can I apply to remove it?
An order may be varied or discharged on application by you or the prosecution. The power to vary an order includes changing the prohibitions and requirements or adding them.
What happens if I breach it?
Breach of an order is a criminal offence punishable with up to 5 years in prison. It would be a defence to an allegation of breach if you had a reasonable excuse.
How can we help?
These orders can impose severe restrictions on your liberty, so it is crucial that you receive expert advice if you are the subject of an application. If you would like to discuss any aspect of your case, please contact our experienced team for further advice, on 0113 247 1477 or email us at [email protected].