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Anti-Social Behaviour Orders (ASBOs) / Civil Injunctions & Criminal Behaviour Orders (CBOs)
The police, local councils and other organisations have powers to apply to court to manage people they think are taking part in anti-social behaviour. However, it is possible to challenge these orders. So, get in touch with our expert criminal defence solicitors for advice.
We are proud to be the top firm of criminal defence solicitors in Dorset. We specialise in helping people deal with criminal charges, investigations and convictions and protecting their legal rights.
The best known anti-social behaviour power is the ‘Anti-Social Behaviour Order’ or ‘ASBO’. Anti-Social Behaviour Orders (ASBOs) have now been replaced by Civil Injunctions and Criminal Behaviour Orders.
This can be confusing, but we will explain the full effect of the action being taken against you in plain, understandable English.
We can represent you in court and take all possible steps to get the case dropped or the sanctions against you lowered. We can also help if you have been arrested and/or taken to court because you have breached the terms of your ASBO.
We are available 24 hours a day, 365 days of the year to provide advice and representation to you.
What is an ASBO?
Anti-Social Behaviour Orders (ASBOs) were replaced by Civil Injunctions and Criminal Behaviour Orders (CBOs) in 2014.
Police, councils and some other organisations can apply to court to give a Civil Injunction to anyone over 10 years old for anti-social behaviour such as:
- Dog related nuisances
- Drug related nuisances
- Alcohol related nuisances
- Noise nuisance
- Car related nuisances, such as road racing
Criminal Behaviour Orders (CBOs) are made after someone has been convicted of a crime, such as:
- A hate crime
- Criminal damage
- Verbal abuse
- Any other criminal offence
What is the difference between an ASBO, a Civil Injunction and a CBO?
Civil Injunctions and CBOs have replaced the two types of ASBO:
- ASBO on Application Civil Injunction
- ASBO on Conviction Criminal Behaviour Order
It is actually easier for the authorities to obtain a Civil Injunction or CBO than it was to obtain an ASBO because there is no need to prove that the court needs to make an order to stop or prevent anti-social behaviour.
In many cases, the court can make an order if they simple think it will help stop or prevent anti-social behaviour.
Another difference between ASBOs and CBOs is that CBOs can include ‘positive requirements’ which force you to do something (instead of just stopping you from doing things). An example of a positive requirement might be to attend a course, such as a dog training class.
For these reasons, it is more important than ever to speak to a solicitor who specialises in ASBOs, Civil Injunctions and Criminal Behaviour Orders as they will know exactly what to do to help.
How do Civil Injunctions work?
The police, your local council, social housing organisations and some other organisations can apply for a Civil Injunction to stop or reduce someone’s anti-social behaviour.
Civil Injunctions used to be called ASBOs on Application.
If you are an adult, the authorities will apply to the County Court or High Court for the Civil Injunction. If you are aged between 10 and 17, they will apply to the Youth Court.
The court will decide whether your behaviour has caused or is able to cause nuisance and annoyance. For example, drinking alcohol and being drunk in public spaces, playing loud music, or letting your dog scare people.
The Civil Injunction will tell you what you are allowed and not allowed to do while the Injunction is in place. For example, it may give you a curfew to stop you going out at night.
What happens if you breach a Civil Injunction?
If you are caught breaking the terms of the Civil Injunction and you are over 18, you may be arrested and face more serious penalties, including going to prison for up to two years and facing an unlimited fine.
Under 18’s may face a three month Detention Order.
How long do Civil Injunctions last?
If you are over 18 years old, there is no limit on how long your Civil Injunction can last.
If you are under 18, your Civil Injunction can last up to 12 months.
How do Criminal Behaviour Orders work?
If you have been convicted of an anti-social behaviour crime, such as criminal damage or assault, the court has the power to make a Criminal Behaviour Order (CBO).
Despite the name, CBOs are not really ‘criminal’ orders, so lots of types of evidence can be used by the prosecution, including hearsay evidence. They also do not need actual witnesses to say they saw you doing anti-social behaviours. For these reasons, it is important to have an expert criminal defence solicitor on your side to make sure your rights are protected and your voice is heard.
The court can make a CBO if they are satisfied ‘beyond reasonable doubt’ that you engaged in behaviour that has caused, or was likely to cause, harassment, alarm or distress to any person. The court must think that making the Order will prevent you from engaging in this type of behaviour.
What happens if your breach a Criminal Behaviour Order?
If you are caught breaking the terms of your CBO, you could be arrested and prosecuted. The penalties include up to five years in prison, an unlimited fine, or both.
Under 18’s can face up to two years in a detention centre.
How long do Criminal Behaviour Orders last?
If you are over 18, your CBO will last at least two years and there is no limit on the maximum time it can last.
If you are under 18, your CBO will likely last between one and three years, but it will be reviewed every year.
What to do if you have been arrested
If you or someone you know has been arrested for breaching the terms of your Civil Injunction or Criminal Behaviour Order, ask to call us at Renshaw Derrick as soon as possible.
You are entitled to free advice at the police station. Our team includes specially qualified police station representatives. We can travel to advise and represent you, including urgently or out-of-hours.
We recommend that you do not answer any questions in police interviews until we are by your side as anything you say could be used as evidence to prosecute you. We can make sure your legal rights are respected and give you the best possible chance of a positive outcome.
Get in touch with our ASBO defence solicitors in Bournemouth, Dorset
Give our ASBO defence lawyers in Bournemouth a call or fill in our online enquiry form and member of our team will be in touch shortly. We help people across the Dorset area, including Poole, Boscombe, Southbourne and Christchurch.