Criminal Behaviour Orders (CBOs)

A Criminal Behaviour Order (CBO) is a serious court order that can impose strict restrictions on your life following a criminal conviction. Designed to tackle anti-social behaviour, these orders can dictate where you can go, who you can see, and what you can do. Breaching a CBO is a criminal offence in itself, punishable by up to five years in prison. The conditions of a CBO can feel intrusive and overwhelming, significantly impacting your freedom. Challenging the imposition or the terms of a CBO requires specialist legal advice from a team that understands how to effectively argue your case in court.

At Central Chambers Law, our senior legal consultants are experts in defending clients against the imposition of restrictive orders like CBOs. We understand that these orders are often based on a one-sided account of events and can be disproportionate to the original offence. Our role is to provide a powerful, strategic defence that challenges the necessity and reasonableness of the proposed restrictions. We are specialists who deal with these specific orders regularly, giving us the deep knowledge required to protect your liberty and daily life.

Understanding the Offence: What is a Criminal Behaviour Order?

A Criminal Behaviour Order is a civil order made by a court after a person has been convicted of any criminal offence. Its legal basis is the Anti-social Behaviour, Crime and Policing Act 2014.

The purpose of a CBO is to prevent future anti-social behaviour. To grant a CBO, the court must be satisfied of two things:

1. The offender has engaged in behaviour that caused or was likely to cause harassment, alarm, or distress to any person.
2. The court considers that making the order will help in preventing the offender from engaging in such behaviour again.

A CBO contains specific conditions, which can be prohibitions (things you must not do) or positive requirements (things you must do). For example, a CBO could prohibit you from entering a certain town centre or require you to attend a substance misuse course.

How a CBO is Made and Challenged

A CBO can be applied for by the prosecution following any criminal conviction in either the Magistrates' Court or the Crown Court. It is not a sentence, but an additional order made alongside the sentence for the main offence.

The prosecution will present evidence, often from police officers or community safety officers, detailing your alleged anti-social behaviour. This behaviour does not have to be related to the offence you were just convicted of. They will then propose a set of conditions they believe are necessary to prevent future issues.

This is the critical stage where a specialist defence is vital. You have the right to challenge both the making of the order itself and the specific terms it contains. It is a mistake to simply accept the prosecution's proposals without scrutiny.

How the Prosecution Builds a Case for a CBO

To convince the court to impose an order, the prosecution will build a narrative that you are a persistent source of anti-social behaviour.

Common evidence used includes:

• Police Records: A history of police call-outs, warnings, or previous arrests related to anti-social behaviour.
• Witness Statements: Evidence from neighbours, shopkeepers, or members of the public complaining about your conduct.
• CCTV Footage: Video evidence that allegedly shows you causing a nuisance or distress.
• The Conviction Itself: The facts of the criminal offence you have just been convicted of will be used as a prime example of your behaviour.

Why Central Chambers Law Provides the Definitive Defence

When facing the prospect of a CBO, you need a legal team with the expertise to challenge the prosecution's case effectively. A general criminal lawyer may not have the focused experience to argue against the specific requirements of the 2014 Act.

Clients trust Central Chambers Law because we are experts in this field. Our reputation is built on our ability to meticulously scrutinise the evidence and powerfully argue for our clients' freedom from unreasonable restrictions. Our strategic approach involves:

• Challenging the Necessity: We rigorously question whether an order is needed at all. Is there a genuine risk of future anti-social behaviour? We argue that the sentence for the main offence is sufficient punishment and deterrent.
• Contesting the Conditions: This is the heart of the defence. We challenge each proposed condition. Is it reasonable? Is it proportionate to the alleged behaviour? Is it so restrictive that it infringes on your basic human rights? We fight to have unreasonable terms removed or amended.
• Scrutinising the Evidence: We examine every piece of evidence the prosecution presents. Are the witness statements credible? Is the police intelligence accurate? We expose weaknesses and inaccuracies in their case.
• Presenting Your Perspective: We ensure the court understands the full context. Often, there is another side to the story that the police and prosecution have ignored. We make sure your voice is heard.

Our focused expertise means we are equipped to build the most robust defence possible, protecting you from unjust and oppressive restrictions.

Consequences of Breaching a CBO

The consequences of breaching a Criminal Behaviour Order are severe. A breach is a criminal offence that can be dealt with in the Magistrates' Court or the Crown Court.

• The maximum sentence for breaching a CBO is 5 years' imprisonment.

Even a minor, unintentional breach can lead to your arrest and prosecution. This is why it is so important to challenge the terms of the order before it is made, ensuring they are clear, reasonable, and possible to follow.

Protect Your Freedom with an Expert Defence

A Criminal Behaviour Order can place an enormous burden on your day-to-day life. The threat of prison for a breach is a constant source of stress. A proactive, specialist defence is essential to prevent an unfair order from being imposed.

Do not face this challenge alone. Contact our expert criminal defence solicitors immediately for a confidential consultation and take the first critical step in protecting your liberty.

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