Criminal Behaviour Orders

Criminal Behaviour Orders: A Practitioners’ Guide for Cases Involving Children

Criminal Behaviour Orders are a powerful and often‑misunderstood tool within the youth justice system. When used improperly or without sufficient scrutiny, they risk criminalising childhood behaviour, restricting development, and causing long‑term harm to a child’s welfare and future prospects.

This comprehensive guide is designed to support lawyers representing children who are facing an application for a Criminal Behaviour Order. Written by experienced youth justice practitioners, it combines clear explanation of the law with practical, day‑to‑day guidance on how to resist, shape or challenge CBO applications effectively.

What this guide covers

In this downloadable guide, you will find:

• A clear overview of the CBO regime
  Including the statutory framework, purpose of CBOs, who can apply, and the strict two‑limbed legal test that must be met.
• Alternatives to Criminal Behaviour Orders
  Practical arguments and statutory guidance on early intervention, diversion, restorative approaches and voluntary support, with advice on raising proportionality challenges.
• Applications and procedure
  Step‑by‑step guidance on how CBO applications are made, consultation requirements with Youth Offending Teams, and what evidence the prosecution must provide.
• Key legal principles from statute and case law
  Including proportionality, tailoring of orders, children’s welfare, and the intensive fact‑sensitive approach required by the courts.
• Evidential matters
  Detailed explanation of hearsay evidence, standards of proof, admissibility of previous conduct, and common weaknesses in prosecution cases.
• Drafting and challenging terms of a CBO
  In‑depth guidance on prohibitions and positive requirements, human rights considerations, enforceability, and avoiding overly broad or unlawful conditions.
• Reporting restrictions and publicity
  How and when anonymity can be protected, and how to challenge the publicising of orders made against children.
• Review, variation and discharge
  Practical advice on annual reviews, applying to vary or discharge a CBO, and identifying changes of circumstances.
• Appeals and breach proceedings
  Clear guidance on appeal routes, breach offences, sentencing consequences, and strategic considerations.
• A full case study
  A detailed, real‑world example showing how a contested CBO application was successfully resisted, with analysis of evidential and proportionality arguments.

Who this guide is for

• Criminal defence lawyers representing children
• Youth justice practitioners and Youth Offending / Youth Justice Services
• Judges, magistrates and legal advisers
• Anyone involved in safeguarding children’s rights within the youth justice system

Why download this guide?

This is not a high‑level overview — it is a practical, practitioner‑focused resource you can use in real cases. It brings together statute, procedural rules, appellate authority and frontline experience to help ensure CBOs are approached lawfully, proportionately and with a clear focus on the child’s best interests.

Download the full guide to access the complete analysis, practice tips and case study.