Anti-social Behaviour, Crime and Policing Act 2014

Valid from 20/10/2014

Breach of orders E+W

30 Breach of order E+W

(1) A person who without reasonable excuse—

(a) does anything he or she is prohibited from doing by a criminal behaviour order, or

(b) fails to do anything he or she is required to do by a criminal behaviour order,

commits an offence.

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a period not exceeding 6 months or to a fine, or to both;

(b) on conviction on indictment, to imprisonment for a period not exceeding 5 years or to a fine, or to both.

(3) If a person is convicted of an offence under this section, it is not open to the court by or before which the person is convicted to make an order under subsection (1)(b) of section 12 of the Powers of Criminal Courts (Sentencing) Act 2000 (conditional discharge).

(4) In proceedings for an offence under this section, a copy of the original criminal behaviour order, certified by the proper officer of the court which made it, is admissible as evidence of its having been made and of its contents to the same extent that oral evidence of those things is admissible in those proceedings.

(5) In relation to any proceedings for an offence under this section that are brought against a person under the age of 18—

(a) section 49 of the Children and Young Persons Act 1933 (restrictions on reports of proceedings in which children and young persons are concerned) does not apply in respect of the person;

(b) section 45 of the Youth Justice and Criminal Evidence Act 1999 (power to restrict reporting of criminal proceedings involving persons under 18) does so apply.

(6) If, in relation to any proceedings mentioned in subsection (5), the court does exercise its power to give a direction under section 45 of the Youth Justice and Criminal Evidence Act 1999, it must give its reasons for doing so.