Criminal Law Legislation Update
| Author | Laura McGowan |
| Date | 01 December 2014 |
| Published date | 01 December 2014 |
| DOI | 10.1177/0022018314557996 |
| Subject Matter | Criminal Law Legislation Update |
Criminal Law Legislation Update
Criminal Law Legislation
Update
As at 30 September 2014
Laura McGowan
Barrister, Carmelite Chambers, UK
Primary legislation
The Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No. 7, Saving and Transi-
tional Provisions) Order 2014 (SI 2014 No. 2590) brings into force Part 2 (criminal behaviour orders),
Part 3 (dispersal powers) and Part 4 (community protection) of the Anti-social Behaviour, Crime and
Policing Act 2014 on 20 October 2014. These provisions bring about the end of the anti-social behaviour
order (ASBO), but it is replaced with new powers.
The criminal behaviour order (CBO) under Part 2 of the Anti-social Behaviour, Crime and Policing
Act 2014 will be an order on conviction, available following a conviction for any criminal offence in the
Crown Court, a magistrates’ court or a youth court. This will replace the ASBO on conviction and the
drinking banning order on conviction.
A court will be able to make a criminal behaviour order against an offender only if the prosecutor
applies for it. This will be at the instigation of the police or local authority. Unlike the previous process,
local authorities would be able to apply directly to the prosecution without requesting the permission of
the police.
Section 22 of the 2014 Act sets out the two-part test for granting an order. An order may be
made against a person over the age of 10 if the court is satisfied that the offende r has engaged
in behaviour that caused, or was likely to cause, harassment, alarm or distress to any person and
that the court considers that making the order will assist in p reventing the offender from engaging
in such behaviour. The standard of proof would be the criminal standard, that is, ‘beyond reason-
able doubt’.
The dispersal power contained in Part 3 of the 2014 Act will enable officers (constables in uni-
form and police community support officers) to direct a person who has committed, or is likely to
commit, anti-social behaviour to leave a specified area and not return for a specified period of up to
48 hours.
The test is that the officer is satisfied on reasonable grounds that the person’s behaviour is con-
tributing to, or is likely to contribute to, anti-social behaviour or crime or disorder in the area, and
that the direction is necessary to prevent such anti-social behaviour or crime (s. 35(2) and (3)).
Police officers will have access to all elements of the power, and police community support
Corresponding author:
Laura McGowan, 48a Heber Road, London, SE22 9JZ.
E-mail: laurajmcgowan@gmail.com.
The Journal of Criminal Law
2014, Vol. 78(6) 451–452
ªThe Author(s) 2014
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DOI: 10.1177/0022018314557996
clj.sagepub.com
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