The Criminal Procedure Rules 2020

Behaviour orders: general rules E+W

31.2.—(1) The court must not make a behaviour order unless the person to whom it is directed has had an opportunity—

(a) to consider—

(i) what order is proposed and why, and

(ii) the evidence in support; and

(b) to make representations at a hearing (whether or not that person in fact attends).

[F1 (2) That restriction does not apply to making—

(a) an interim behaviour order, but unless other legislation otherwise provides such an order has no effect unless the person to whom it is directed—

(i) is present when it is made, or

(ii) is handed a document recording the order not more than 7 days after it is made; or

(b) a domestic abuse protection order, but in that event the court must give the defendant an opportunity to make representations—

(i) as soon as is just and convenient, and

(ii) at a hearing of which notice has been given to all parties.]

(3) Where the court decides not to make, where it could—

(a) a football banning order; or

(b) a parenting order, after a person under 16 is convicted of an offence,

the court must announce, at a hearing in public, the reasons for its decision.

F2 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[Note. The Acts listed in the note to rule 31.1 impose requirements specific to each different type of behaviour order. Not all allow the court to make an interim behaviour order.

[F3 See section 14A(3) of the Football Spectators Act 1989(1) [F4 section 366 of the Sentencing Act 2020 and section 34 of the Domestic Abuse Act 2021].]

Textual Amendments

F1 Rule 31.2(2) substituted (3.10.2022) by The Criminal Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/815), rules 2, 17(b)(i)

F2 Rule 31.2(4) omitted (8.2.2021) by virtue of The Criminal Procedure (Amendment) Rules 2021 (S.I. 2021/40), rules 2, 17(b)(ii) (with rule 3)

F3 Words in rule 31.2 substituted (8.2.2021) by The Criminal Procedure (Amendment) Rules 2021 (S.I. 2021/40), rules 2, 17(b)(iii) (with rule 3)

F4 Words in rule 31.2 substituted (3.10.2022) by The Criminal Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/815), rules 2, 17(b)(ii)

Commencement Information

I1 Rule 31.2 in force at 5.10.2020, see Preamble

(1)

1989 c. 37; section 14A was substituted, together with sections 14 and 14B–14J, for the existing sections 14–17, by section 1 of, and paragraphs 1 and 2 of Schedule 1 to, the Football (Disorder) Act 2000 (c. 25).