The Criminal Procedure Rules 2020

Application for behaviour order and notice of terms of proposed order: special rules E+W

31.3.—(1) This rule applies where—

(a) a prosecutor wants the court to make one of the following orders if the defendant is convicted—

(i) an anti-social behaviour order (but this rule does not apply to an application for an interim anti-social behaviour order),

(ii) a serious crime prevention order,

(iii) a criminal behaviour order,

(iv) a prohibition order, or

(v) a knife crime prevention order;

(b) a prosecutor proposes, on the prosecutor’s initiative or at the court’s request, a sexual harm prevention order if the defendant is convicted; or

(c) a prosecutor proposes a restraining order whether the defendant is convicted or acquitted.

(2) Where paragraph (1)(a) applies (order on application), the prosecutor must serve a notice of intention to apply for such an order on—

(a) the court officer;

(b) the defendant against whom the prosecutor wants the court to make the order; and

(c) any person on whom the order would be likely to have a significant adverse effect,

as soon as practicable (without waiting for the verdict).

(3) A notice under paragraph (2) must—

(a) summarise the relevant facts;

(b) identify the evidence on which the prosecutor relies in support;

(c) attach any written statement that the prosecutor has not already served; and

(d) specify the order that the prosecutor wants the court to make.

(4) A defendant served with a notice under paragraph (2) must—

(a) serve notice of any evidence on which the defendant relies on—

(i) the court officer, and

(ii) the prosecutor,

as soon as practicable (without waiting for the verdict); and

(b) in the notice, identify that evidence and attach any written statement that has not already been served.

(5) Where paragraph (1)(b) applies (sexual harm prevention order proposed), the prosecutor must—

(a) serve a draft order on the court officer and on the defendant not less than 2 business days before the hearing at which the order may be made; and

(b) in the draft order specify those prohibitions which the prosecutor proposes as necessary for the purpose of—

(i) protecting the public or any particular members of the public from sexual harm from the defendant, or

(ii) protecting children or vulnerable adults generally, or any particular children or vulnerable adults, from sexual harm from the defendant outside the United Kingdom.

(6) Where paragraph (1)(c) applies (restraining order proposed), the prosecutor must—

(a) serve a draft order on the court officer and on the defendant as soon as practicable (without waiting for the verdict); and

(b) in the draft order specify—

(i) those prohibitions which, if the defendant is convicted, the prosecutor proposes for the purpose of protecting a person from conduct which amounts to harassment or will cause fear of violence, or

(ii) those prohibitions which, if the defendant is acquitted, the prosecutor proposes as necessary to protect a person from harassment by the defendant.

(7) Where the prosecutor wants the court to make an anti-social behaviour order, a criminal behaviour order or a prohibition order, the rules about special measures directions in Part 18 (Measures to assist a witness or defendant to give evidence) apply, but—

(a) the prosecutor must apply when serving a notice under paragraph (2); and

(b) the time limits in [F1 rule 18.4(a)] do not apply.

[Note. The Practice Direction sets out a form of notice for use in connection with this rule.

The orders listed in rule 31.3(1)(a) may be made on application by the prosecutor. The orders to which rule 31.3(1)(b) and (c) apply require no application and may be made on the court’s own initiative. Under section 8 of the Serious Crime Act 2007 a serious crime prevention order may be made only on an application by the Director of Public Prosecutions or the Director of the Serious Fraud Office. See also paragraphs 2, 7 and 13 of Schedule 2 to the 2007 Act.

Under section 1I of the Crime and Disorder Act 1998(1), on an application for an anti-social behaviour order the court may give a special measures direction under the Youth Justice and Criminal Evidence Act 1999. Under [F2 section 340 of the Sentencing Act 2020] the court may give such a direction on an application for a criminal behaviour order, and under section 33 of the Psychoactive Substances Act 2016(2) the court may do so in proceedings for a prohibition order.

If a party relies on hearsay evidence, see also rules 31.6, 31.7, and 31.8.]

Textual Amendments

F1 Words in rule 31.3(7)(b) substituted (5.4.2021) by The Criminal Procedure (Amendment) Rules 2021 (S.I. 2021/40), rules 2(d), 17(c)(i)

F2 Words in rule 31.3 substituted (8.2.2021) by The Criminal Procedure (Amendment) Rules 2021 (S.I. 2021/40), rules 2, 17(c)(ii)

Commencement Information

I1 Rule 31.3 in force at 5.10.2020, see Preamble

(1)

1998 c. 37; section 1I was inserted by section 143 of the Serious Organised Crime and Police Act 2005 (c. 15) and amended by paragraph 72 of Schedule 21 and Part 3 of Schedule 23 to the Coroners and Justice Act 2009 (c. 25).

(2)

2016 c. 2.