Legal issues
The test
Sentencing Act 2020, section 331. The court must be satisfied, to the criminal standard, that the offender has engaged in behaviour that caused or was likely to cause harassment, alarm or distress to any person, and must consider that the order will help prevent such behaviour. The order is made in addition to the sentence, and cannot follow an absolute discharge.
Terms
Prohibitions and requirements must be clear, proportionate and capable of being complied with. Wide exclusion zones and vague terms can be challenged.
Evidence
Section 332: the court can consider evidence that would not have been admissible in the criminal trial, including hearsay served under the Criminal Procedure Rules.
Retail worker assaults
Once the new offence of assaulting a retail worker under the Crime and Policing Act 2026 is in force, the court will be under a duty to make a CBO against an adult convicted of it where the prosecution applies, unless there are reasons not to.
Evidence that matters
The application usually relies on police logs and witness accounts of past behaviour. Check what is disputed and whether it is properly evidenced.
Reasonable lines of enquiry
Before the hearing
- Get the draft order and the evidence relied on.
- Check exclusion zones against home, family, work and medical appointments.
- Propose narrower terms.
What happens next
Orders made against under 18s are reviewed annually. Either side can apply to the court to vary or discharge an order (section 336).
Immediate steps
- Read the order carefully and keep a copy.
- Ask if any term is unclear rather than risk breach.
What should you send us?
Send the draft order, the application and the court date.