Civil injunctions and criminal behaviour orders

Antisocial Behaviour Orders (ASBOs) have now been replaced by two new powers:

• Civil Injunctions - to prevent nuisance and annoyance
• Criminal Behaviour Order (CBO) - against the most seriously antisocial individuals.

These aim to stop antisocial behaviour (ASB) before it escalates and support working with individuals to address the underlying causes of their behaviour, such as substance misuse, alcohol abuse or anger management.

These powers are quicker and easier to enforce than ASBOs and are designed with a dual purpose:

• To provide effective respite for victims and communities.
• To stop future ASB by the offender.

What power deals with what problem?

Low level antisocial behaviour will be dealt with by an injunction. If an injunction is breached the maximum punishment is two years' imprisonment for an adult, or a three month detention order for a young person aged 14 to 17 (as this is viewed as contempt of court).

The most serious cases of antisocial behaviour will be dealt with by a Criminal behaviour order. Anyone breaching an order will be guilty of a criminal offence. The maximum penalty for this will be five years' imprisonment for adults and up to two years' detention and training for under 18s.

The aim of these tough sanctions is to ensure perpetrators realise serious consequences will follow for any failure to change their behaviour and continuing to commit ASB.

Civil injunctions

The injunction is a civil order which is available in the county court for adults and in the youth court for juveniles under 18. 

To obtain an injunction the court must be satisfied that an individual has engaged in, or threatens to engage in, conduct capable of causing nuisance and annoyance.

Who can apply for an injunction?

The council, police (including the British Transport Police), NHS Protect, private registered providers of social housing, Transport for London and the Environment Agency can all apply for the injunction.

The injunction has two purposes.

• To place sanctions on perpetrators to stop their behaviour.
• to demand positive actions to address the underlying reasons for their behaviour, to reduce antisocial behaviour in the long term.

An injunction can include a power of arrest in cases where the perpetrator has used or threatened violence, or if there is a significant risk of harm to others. Breaching an injunction is not a criminal offence so perpetrators are not criminalised for low level, persistent anti-social behaviour. This gives perpetrators a chance to turn their lives around without the stigma of a criminal record.

If a perpetrator fails to change their behaviour they can receive more serious sanctions, including prison.

Those who do not obey the order will be guilty of contempt of court and may be sent to prison.

Injunction to help stop anti-social racing

Croydon Council has been granted a three-year injunction to help stop road racing at Imperial Way.

The injunction was granted at the High Court of Justice, on Friday 30 September with the aim of banning people from taking part at the illegal high-speed events, known as ‘Croydon Cruise’.

It covers Imperial Way, Pegasus Road and Lysander Road, and gives the police the power to arrest those taking part for breaching the injunction, which could lead to a fine, imprisonment or both.

You can download the full Injunction Order for more details.

Those who do not obey the order will be guilty of contempt of court and may be sent to prison.

If you do not understand anything in this order, you should go to a solicitor, legal advice centre or Citizens Advice Bureau.

Criminal behaviour orders (CBO)

These have replaced ASBOs on conviction and Drinking Banning Orders (DBOs) on conviction and will be available in the Crown Court, magistrates' courts or the youth court.

The CBO will be available for use against seriously antisocial individuals and can be applied for on conviction for any criminal offence in any criminal court. The orders can only be made through an application by the Crown Prosecution Service. However this can either be through their own initiative or at the request of the council or police.

If the court is satisfied that the alleged offender has committed behaviour causing harassment, alarm and distress (the same test used for the ASBO) and future ASB can be prevented then the CBO will be granted. The court can also be presented with hearsay evidence, which is something not permitted in criminal proceedings.

What is the difference between a CBO and an ASBO?

A key difference between an ASBO and a CBO is that the new orders can include positive requirements. This is something that the court must be satisfied is both suitable and enforceable.

There is a minimum term of two years, with no maximum, for a CBO granted against an adult. For under 18s the minimum is one year, and a maximum of three years.

Any order granted against a person under 18 will be subject to an annual review. This will consider how the offender has complied with the order, the adequacy of support available to help them comply with the order and any other matters relevant to an application to vary or discharge the CBO.

The most significant difference between the two new remedies is that breach of a CBO would be a criminal offence, with a maximum sentence of up to five years' imprisonment or a fine, or both for an adult.

Proceedings against under 18s would take place in the youth court. The maximum custodial sentence that a young person could receive is a two year detention and training order. These tough sanctions will demonstrate to offenders the seriousness of a breach and, as it is an order on conviction, there is no risk of criminalising someone for the first time, for breach of the order.

This will also demonstrate to the community that ASB is being taken seriously and that tough sanctions exist to penalise anyone who breached an order.