Breach of criminal behaviour order
A Criminal Behaviour Order (CBO) is a court-issued order designed to target individuals engaging in persistent anti-social behaviour. Introduced by the Anti-social Behaviour, Crime and Policing Act 2014, CBOs aim to prevent further disruptive actions by imposing specific prohibitions or positive requirements on individuals. Breaching a CBO is a criminal offence and can lead to severe penalties, including imprisonment.
At Allen Hoole Solicitors, we have vast experience defending clients accused of breaching CBOs. As one of the largest firms in the South West of England, we are well-equipped to provide strategic and effective representation with our team of highly experienced solicitor advocates and access to the best specialist barristers in the area.
Legal Framework of a Criminal Behaviour Order
A CBO can be imposed on individuals convicted of a criminal offence when the court believes that the offender’s behaviour has caused or is likely to cause harassment, alarm, or distress to others. A CBO includes prohibitions to prevent further anti-social behaviour and can also include positive requirements aimed at rehabilitation, such as attending treatment programmes.
CBOs are typically applied to individuals who have a history of anti-social behaviour or whose actions are consistently detrimental to the community. These orders remain in effect for a fixed period or indefinitely, depending on the court's decision. Failure to comply with any of the conditions set out in a CBO results in a breach.
Penalties for Breaching a Criminal Behaviour Order
Breaching a CBO is a criminal offence and can result in severe penalties. The punishment for breach can include:
- Up to five years' imprisonment (for adults),
- Fines,
- Community orders or other penalties depending on the circumstances of the breach.
The sentencing will depend on various factors, including the nature of the breach, the offender’s previous history, and whether the breach resulted in further harm or distress to the community.
Available Defences for Breaching a Criminal Behaviour Order
At Allen Hoole Solicitors, we carefully evaluate all aspects of the case to develop a robust defence strategy. Several possible defences for breaching a CBO include:
1. Lack of Knowledge of the Order:
For a breach to be valid, the defendant must have been made fully aware of the CBO and its conditions. If the order was not properly communicated to the individual or if they were unaware of specific prohibitions, this could be a strong defence. Proper service of the order must be proven by the prosecution.
2. Reasonable Excuse for the Breach:
If the individual has a valid reason for breaching the order, such as a medical emergency or unforeseen circumstances, this can be raised as a defence. For example, if the breach occurred because of an urgent health issue that required the individual to leave a restricted area, this may mitigate or excuse the breach.
3. Challenging the Conditions:
If the prohibitions or requirements outlined in the CBO were unclear or unreasonable, this could be a potential defence. If the court imposed restrictions that were difficult to comply with due to vagueness or overly broad terms, it could be argued that the breach was not intentional or avoidable.
4. Mistaken Identity:
In some cases, particularly when dealing with public anti-social behaviour allegations, there may be instances of mistaken identity. If the defendant can demonstrate that they were wrongly identified as the person responsible for breaching the order, this can serve as a valid defence.
5. Procedural Errors:
The issuing of a CBO must follow specific legal procedures. If there were errors in the way the CBO was issued or enforced, such as failure to properly notify the individual or failure to clarify the terms of the order, this may be grounds for challenging the validity of the breach.
Allen Hoole Solicitors’ Expertise in CBO Breach Cases
At Allen Hoole Solicitors, our deep knowledge of Criminal Behaviour Orders and their legal requirements enables us to provide an exceptional level of defence in these cases. Our team of solicitor advocates carefully reviews all aspects of the case, from the initial issuing of the CBO to the circumstances surrounding the alleged breach. We have successfully defended clients in cases involving complex breaches, helping them avoid severe penalties.
Why Choose Allen Hoole Solicitors?
As one of the largest firms in the South West of England, Allen Hoole Solicitors provides unmatched expertise in criminal defence cases involving breaches of Criminal Behaviour Orders. Our vast resources, combined with access to specialist barristers, give us a significant advantage in providing strong, strategic defence for our clients.
If you or someone you know has been accused of breaching a Criminal Behaviour Order, contact Allen Hoole Solicitors today. Our team is available 24/7 to provide expert legal advice and representation, ensuring your rights are fully protected throughout the legal process.