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Criminal Behaviour Orders

Criminal behaviour orders have replaced anti-social behaviour orders, commonly known as Asbo’s.  CBO’s are issued by any criminal court against a person who has been convicted of an offence.  The aim of CBO’s, is to tackle the most persistently anti-social individuals who are also engaged in criminal activity.

If you are facing the possibility of being made the subject of a CBO, for whatever reason, then the specialist solicitors at Minton Morrill can help.

The prosecution, usually the CPS or the local council either at its own initiative or following a request from the police may apply for the CBO after the offender has been convicted of a criminal offence and before sentence.  The anti social behavior does not need to be part of the criminal offence.

Generally speaking, a CBO is designed to include prohibitions to prevent further instances of anti-social behaviour.  However, the order can also include positive requirements to force a person to address the underlying causes of their anti-social behaviour.  The conditions of a CBO are specific to the individual who is being made the subject of the order. This could include restricting someone from entering a certain job, area or even an entire town centre for a specific period of time.  Other conditions could include a ban on swearing, drinking alcohol or begging in public.

A high burden of proof is required and the court must be satisfied ‘beyond reasonable doubt’ that the defendant has engaged in behavior that has caused or is likely to cause harassment, alarm or distress to any person; and the court must consider that making the order will help prevent the person from engaging in such behavior.

Breach of a CBO is a criminal offence and if convicted the sentencing options range from a fine up to 5 years imprisonment.

If you are facing allegations which are likely to result in a CBO then it is important to seek expert legal representation at the earliest opportunity. At Minton Morrill, our specialist CBO solicitors are highly experienced in handling such matters and have successfully argued for CBO applications to be dismissed by the court.

Dispersal Orders

Police officers and PCSO’s use dispersal orders to remove persons from a specific area for up to 48 hours.  A dispersal order should only be used if a person contributes or is likely to contribute to members of the public being harassed, alarmed or distressed or if crime or disorder is likely to occur.

The order must specify the area to which the direction on the dispersal order relates and can determine the time and the route to leave by.  Personal items can also be confiscated if the item could be used to commit anti-social behavior, crime or disorder.

A direction can be given to a person as young as 10 years of age and for children under 16 years of age a direction can be made to take the child home or to a place of safety.

Breach of a direction to leave a specific area within the dispersal order is a criminal offence and the sentencing options range from a fine up to 3 months imprisonment.  If a person is convicted of refusing to hand over specific items it is an offence punishable by way of a fine.

 

Our Experience of Criminal Law Claims

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Philip Goldberg challenges the prosecution by raising abuse of process leading to a favourable settlement for the company and a reduction in the cost application against the company. Philip Goldberg represented a company selling second hand vehicles accused...

R v L

Philip Goldberg represents 15 year old facing serious offences, identifying the vulnerabilities he faced and avoids a custodial sentence Represented 15 year old boy of good character. Parents (both teachers) located Mr Goldberg through Chambers Directory...

R v R

Sara Lyle uses her expert skills to cross examine witnesses aged 5 and 13 securing an acquittal for her client and escaping a dog destruction order. Sara Lyle was instructed to act for a 26 year old female who was accused of owning a dog dangerously out of...
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