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Criminal Behaviour Orders are the new post-conviction ASBOs

Part 2, Anti-Social Behaviour, Crime and Policing Act 2014

On 20 October 2014, new anti-social behaviour (ASB) sanctions were introduced and Criminal Behaviour Orders (CBOs) replaced post-conviction anti-social behaviour orders (ASBOs).1

The new Act also gives police wide-reaching dispersal powers allowing police officers and some police community support officers (PCSOs) to ‘disperse’ a person from an area for up to 48 hours where the officer deems it necessary to prevent anti-social behaviour, crime or disorder.

CBOs can be imposed by any criminal court after any criminal conviction, unless the court imposes an absolute discharge or defers sentence. The test for imposing a CBO is as follows:

(1) The court is 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) The court considers that making the order will help in preventing the offender from engaging in such behaviour.

The test is less rigorous than for that of an ASBO, and conduct in the previous year can be taken into account. The court is allowed to impose positive requirements upon the offender, as well as prohibitions.

The CPS Legal Guidance is here.

The Home Office guidance “Anti-social Behaviour, Crime and Policing Act 2014: Reform of anti-social behaviour powers statutory guidance for frontline professionals” is here.

The Standing Committee for Youth Justice has produced a guide to the new anti-social behaviour powers. Download it here.

  1. Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No. 7, Saving and Transitional Provisions) Order 2014/2590  (back)