Criminal Behaviour Orders (CBO’s) were introduced in October 2014. They directly replace the Anti-Social Behaviour Orders (ASBO’s).
Who is it issued by and how can I contact them?
Issued by the court – contact the relevant court.
Does it involve guilt?
Yes – it is issued when a person is convicted of a criminal offence where the individual is involved in persistent anti-social behaviour. The CBO need not have a direct link to the offence an individual appears in court for.
Is it recorded on the Police National Computer (PNC)?
Is it classed as a conviction?
Yes. It’s an order on conviction, available following a conviction for any criminal offence in the Crown Court, magistrates’ court or youth court.
It is an offence to breach the terms of a CBO and if found guilty of a breach, this would result in a further conviction. A court could impose a maximum sentence of up to five years imprisonment or a fine, or both for an adult.
What is the duration of a criminal behaviour order?
Adults: Minimum 2 years – no maximum time frame, may be indefinite
Under 18’s: 12 months – 3 years
How long will it be on my record?
It will remain on the PNC indefinitely and can still be mentioned in future criminal proceedings even after it has become spent.
When does it become spent?
At the end of the order.
When do I have to declare it?
Before it is spent you need to declare it, when asked, to employers, insurers and for some other financial checks. After it’s spent, it will still be disclosed on standard or enhanced checks, unless it is eligible for filtering.
Is it disclosed on DBS checks?
Yes, it is disclosed by both the standard and enhanced checks unless it is eligible for filtering. Once it’s spent, it will not be disclosed on a basic check.
Do I have the right to appeal and what is the process?
Orders made by a magistrates’ court can be appealed under section 108 of the Magistrates Courts Act 1990.
Orders made by a Crown Court can be appealed in the Court of Appeal Criminal Division. An appeal is appropriate when an individual seeks to argue that the order should not have been made, or the prohibitions are wrong.
If an individual believes that their circumstances have changed since the issue of the order, then an application could be made to discharge or vary the order.
A court must be satisfied beyond reasonable doubt that an individual has engaged in behaviour likely to cause harassment, alarm or distress. The evidence given in this regard may be unrelated to the criminal offence for which you are before the court. Evidence may be given by witnesses, or where witnesses are reluctant to come forward by using accepted redacted witness statements or by Local Authority Officers giving heresay evidence.
As a CBO is not a criminal penalty, the court must believe that you will be helped to tackle anti-social behaviour by the order. The CBO may include prohibitions to stop the anti-social behaviour, or may include requirements to address the underlying causes of the behaviour.
Prohibitions may include not drinking in public parks etc where the anti-social behaviour is related to drunken behaviour in such locations. Examples of positive requirements include attendance at Substance Misuse Groups or Anger Management Groups.
Evidence must be provided of the need for the CBO and why it is appropriate. The CBO should not interfere with employment or job prospects, education or family life. It must be proportionate and reasonable and not designed to stop ‘reasonable, trivial or benign behaviour that have not or are likely to cause anti-social behaviour to victims or communities’
A Freedom of Information request made by the BBC showed that there are currently 2,600 active CBO’s. Ministry of Justice figures showed that in 2016, a total of 932 CBO’s were issued following conviction a court, an increase of 35% on the previous year.