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.