What is a Criminal Behaviour Order?
Is a cbo the same as an ASBO?
Although the effect of a Criminal behaviour order (CBO) is similar to an anti-social behaviour order (ASBO), there are a few important differences. Like the ASBO, the CBO can be made when somebody is convicted of a criminal offence.
at what point is a cbo made?
An order can be made on anyone over the age of ten so long as the two-stage test is met. For any person under the age of 18 a local offending team must be consulted before the order is met. In the case of an absolute discharge the order cannot be imposed.
Two conditions must be met before a CBO can be made.
Firstly, the court must be convinced that the person’s behaviour has caused or was likely to cause alarm or distress to any person.
Secondly, it must be decided that the order is an appropriate form of prevention for the person in question.
Who applies for a cbo?
The prosecution must make the application; not simply the court itself.
Do I get to say anything?
You would be given the opportunity to read the evidence, consider any proposal and to make representations should an order be considered against you. An order can be made, and a warrant issued for your arrest, so long as you are given notice of the hearing.
What does the order mean?
Included in the order may be prohibitions such as a exclusion from being able to possess alcohol or being allowed in a particular area. There can also be requirements such as supervision or development/treatment programs.
Any order must be tailored to your specific needs and consider exactly what kind of behaviour they are trying to prevent. All orders should be proportionate and reasonable.
How long will the CBO last for?
There is no maximum time frame that an order can last for unless it is for someone under the age of 18, in which case the limit is 3 years. And order must be a minimum of two years, or one year for under 18s.
CBOs will instantly come into effect, unless you are already subject to an order, if that is the case the new CBO will come into effect when the current CBO ends.
Orders must be reviewed yearly.
Can I apply to remove it?
Yes, you can apply for an order to be removed, which may lead to an order being varied or discharged. Prohibitions and requirements can be added and removed.
What happens if I breach it?
It is a criminal offence to breach an order and is punishable by up to 5 years in prison. It would be a defence to an allegation of breach if you had a reasonable excuse.
How we can assist
If you are facing charges or been invited to attend an interview at a police station, our award-winning crime team are on hand to help. The sooner you can contact us, the better. Call now on 0161 477 1121.