PART 2Criminal behaviour orders
Criminal behaviour orders
22Power to make orders
(1)
This section applies where a person (“the offender”) is convicted of an offence.
(2)
The court may make a criminal behaviour order against the offender if two conditions are met.
(3)
The first condition is that the court is satisfied, beyond reasonable doubt, that the offender has engaged in behaviour that caused or was likely to cause harassment, alarm or distress to any person.
(4)
The second condition is that the court considers that making the order will help in preventing the offender from engaging in such behaviour.
(5)
A criminal behaviour order is an order which, for the purpose of preventing the offender from engaging in such behaviour—
(a)
prohibits the offender from doing anything described in the order;
(b)
requires the offender to do anything described in the order.
(6)
The court may make a criminal behaviour order against the offender only if it is made in addition to—
(a)
a sentence imposed in respect of the offence, or
(b)
an order discharging the offender conditionally.
(7)
The court may make a criminal behaviour order against the offender only on the application of the prosecution.
(8)
The prosecution must find out the views of the local youth offending team before applying for a criminal behaviour order to be made if the offender will be under the age of 18 when the application is made.
(9)
Prohibitions and requirements in a criminal behaviour order must, so far as practicable, be such as to avoid—
(a)
any interference with the times, if any, at which the offender normally works or attends school or any other educational establishment;
(b)
any conflict with the requirements of any other court order or injunction to which the offender may be subject.
(10)
In this section “local youth offending team” means—
(a)
the youth offending team in whose area it appears to the prosecution that the offender lives, or
(b)
if it appears to the prosecution that the offender lives in more than one such area, whichever one or more of the relevant youth offending teams the prosecution thinks appropriate.