Criminal Behaviour Orders

The Criminal Behaviour Order (CBO) is part of the Anti-social Behaviour, Crime and Policing Act 2014.

The CBO can be issued following an individual’s conviction for a criminal offence to tackle the most persistently anti-social individuals who are also engaged in criminal activity.

What can the CBO be used for?

The CBO can be used against individuals 10 years and over where an individual, beyond reasonable doubt, has engaged in behaviour that has caused or is likely to cause harassment, alarm or distress to any other person.

The order’s prohibitions and positive requirements do not need to be linked to the criminal offence of which the individual has been convicted.

What can be included in a CBO?

The order will include prohibitions relevant to their anti-social behaviour and may also include positive requirements to focus on long term solutions, such as requirement to attend substance advice service for three months.

For 18 years and over the order can last indefinitely and a minimum of two years and for 10–17 years between one and three years.

What happens on breach?

Breach of the order is a criminal offence and must be proved to a criminal standard of proof, that is, beyond reasonable doubt.

  • For over 18s on summary conviction: up to six months imprisonment or a fine or both.
  • For over 18s on conviction on indictment: up to five years imprisonment or a fine or both.
  • For under 18s: the sentencing powers in the youth court apply