FOURTH GROUP OF PARTSFurther powers relating to sentencing

PART 11Behaviour orders

CHAPTER 1Criminal behaviour orders

I1331Power to make criminal behaviour order

1

This section applies where—

a

a person is convicted of an offence, and

b

the prosecution makes an application to the court for a criminal behaviour order to be made against the offender.

2

The court may make a criminal behaviour order against the offender if it—

a

is satisfied that the offender has engaged in behaviour that caused or was likely to cause harassment, alarm or distress to any person, and

b

considers that making the order will help in preventing the offender from engaging in such behaviour.

3

But the court may make a criminal behaviour order only if it—

a

does so in addition to dealing with the offender for the offence, and

b

does not make an order for absolute discharge under section 79 in respect of the offence.

4

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, and

b

any conflict with the requirements of any other court order to which the offender may be subject.

5

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.

6

In this section “local youth offending team” means the youth offending team in whose area it appears to the prosecution that the offender resides.