Anti-social Behaviour, Crime and Policing Bill (HC Bill 7)

Part 1 Injunctions to prevent nuisance and annoyance

Injunctions to prevent nuisance and annoyance

1 Power to grant injunctions

(1) 5A court may grant an injunction under this section against a person aged 10 or
over (“the respondent”) if two conditions are met.

(2) The first condition is that the court is satisfied, on the balance of probabilities,
that the respondent has engaged or threatens to engage in conduct capable of
causing nuisance or annoyance to any person (“anti-social behaviour”).

(3) 10The second condition is that the court considers it just and convenient to grant
the injunction for the purpose of preventing the respondent from engaging in
anti-social behaviour.

(4) An injunction under this section may for the purpose of preventing the
respondent from engaging in anti-social behaviour—

(a) 15prohibit the respondent from doing anything described in the
injunction;

(b) require the respondent to do anything described in the injunction.

(5) Prohibitions and requirements in an injunction under this section must, so far
as practicable, be such as to avoid—

(a) any conflict with the respondent’s religious beliefs;

(b) 5any interference with the times, if any, at which the respondent
normally works or attends school or any other educational
establishment;

(c) any conflict with the requirements of any other court order or
injunction to which the respondent may be subject.

(6) 10An injunction under this section must—

(a) specify the period for which it has effect, or

(b) state that it has effect until further order.

In the case of an injunction granted before the respondent has reached the age
of 18, a period must be specified and it must be no more than 12 months.

(7) 15An injunction under this section may specify periods for which particular
prohibitions or requirements have effect.

(8) Jurisdiction under this Part is exercisable by—

(a) a youth court, in the case of a respondent aged under 18;

(b) the High Court or the county court, in any other case.

20Contents of injunctions

2 Requirements included in injunctions

(1) An injunction under section 1 that includes a requirement must specify the
person who is to be responsible for supervising compliance with the
requirement.

25The person may be an individual or an organisation.

The person may be an individual or an organisation.

(2) Before including a requirement, the court must receive evidence about its
suitability and enforceability from—

(a) the individual to be specified under subsection (1), if an individual is to
30be specified;

(b) an individual representing the organisation to be specified under
subsection (1), if an organisation is to be specified.

(3) Before including two or more requirements, the court must consider their
compatibility with each other.

(4) 35It is the duty of a person specified under subsection (1)—

(a) to make any necessary arrangements in connection with the
requirements for which the person has responsibility (the “relevant
requirements”);

(b) to promote the respondent’s compliance with the relevant
40requirements;

(c) if the person considers that the respondent—

(i) has complied with all the relevant requirements, or

(ii) has failed to comply with a relevant requirement,

to inform the person who applied for the injunction and the
45appropriate chief officer of police.

(5) In subsection (4)(c) “the appropriate chief officer of police” means—

(a) the chief officer of police for the police area in which it appears to the
person specified under subsection (1) that the respondent lives, or

(b) if it appears to that person that the respondent lives in more than one
5police area, whichever of the relevant chief officers of police that person
thinks it most appropriate to inform.

(6) A respondent subject to a requirement included in an injunction under section
1 must—

(a) keep in touch with the person specified under subsection (1) in relation
10to that requirement, in accordance with any instructions given by that
person from time to time;

(b) notify the person of any change of address.

These obligations have effect as requirements of the injunction.

3 Power of arrest

(1) 15A court granting an injunction under section 1 may attach a power of arrest to
a prohibition or requirement of the injunction if the court thinks that—

(a) the anti-social behaviour in which the respondent has engaged or
threatens to engage consists of or includes the use or threatened use of
violence against other persons, or

(b) 20there is a significant risk of harm to other persons from the respondent.

“Requirement” here does not include one that has the effect of requiring the
respondent to participate in particular activities.

(2) If the court attaches a power of arrest, the injunction may specify a period for
which the power is to have effect which is shorter than that of the prohibition
25or requirement to which it relates.

Applications for injunctions

4 Applications for injunctions

(1) An injunction under section 1 may be granted only on the application of—

(a) a local authority,

(b) 30a housing provider,

(c) the chief officer of police for a police area,

(d) the chief constable of the British Transport Police Force,

(e) Transport for London,

(f) the Environment Agency, or

(g) 35the Secretary of State exercising security management functions within
the meaning given by section 195(3) of the National Health Service Act
2006, or the Welsh Ministers exercising corresponding functions, or a
Special Health Authority exercising any such functions on the direction
of the Secretary of State or the Welsh Ministers.

(2) 40A housing provider may make an application only if the application concerns
anti-social behaviour that directly or indirectly relates to or affects its housing
management functions.

(3) For the purposes of subsection (2) the housing management functions of a
housing provider include—

(a) functions conferred by or under an enactment;

(b) the powers and duties of the housing provider as the holder of an estate
or interest in housing accommodation.

(4) The Secretary of State may by order—

(a) 5amend this section;

(b) amend section 19 in relation to expressions used in this section.

5 Applications without notice

(1) An application for an injunction under section 1 may be made without notice
being given to the respondent.

(2) 10If an application is made without notice the court must either—

(a) adjourn the proceedings and grant an interim injunction (see section 6),
or

(b) adjourn the proceedings without granting an interim injunction, or

(c) dismiss the application.

15Interim injunctions

6 Interim injunctions

(1) This section applies where the court adjourns the hearing of an application
(whether made with notice or without) for an injunction under section 1.

(2) The court may grant an injunction under that section lasting until the final
20hearing of the application or until further order (an “interim injunction”) if the
court thinks it just to do so.

(3) An interim injunction made at a hearing of which the respondent was not
given notice may not have the effect of requiring the respondent to participate
in particular activities.

(4) 25Subject to that, the court has the same powers (including powers under
section 3) whether or not the injunction is an interim injunction.

Variation and discharge

7 Variation or discharge of injunctions

(1) The court may vary or discharge an injunction under section 1 on the
30application of—

(a) the person who applied for the injunction, or

(b) the respondent.

(2) The power to vary an injunction includes power—

(a) to include an additional prohibition or requirement in the injunction, or
35to extend the period for which a prohibition or requirement has effect;

(b) to attach a power of arrest, or to extend the period for which a power of
arrest has effect.

(3) If an application under this section is dismissed, the party by which the
dismissed application was made may make no further application under this
section without—

(a) the consent of the court, or

(b) 5the agreement of the other party.

(4) Section 2 applies to additional requirements included under subsection (2)(a)
above as it applies to requirements included in a new injunction.

Breach of injunctions

8 Arrest without warrant

(1) 10Where a power of arrest is attached to a provision of an injunction under
section 1, a constable may arrest the respondent without warrant if he or she
has reasonable cause to suspect that the respondent is in breach of the
provision.

(2) A constable who arrests a person under subsection (1) must inform the person
15who applied for the injunction.

(3) A person arrested under subsection (1) must, within the period of 24 hours
beginning with the time of the arrest, be brought before—

(a) a judge of the county court, if the injunction was granted by the county
court;

(b) 20a justice of the peace, if the injunction was granted by a youth court.

(4) In calculating when the period of 24 hours ends, Christmas Day, Good Friday
and any Sunday are to be disregarded.

(5) The judge before whom a person is brought under subsection (3)(a) may
remand the person if the matter is not disposed of straight away.

(6) 25The justice of the peace before whom a person is brought under subsection
(3)(b) must remand the person to appear before—

(a) the youth court that granted the injunction, if the person is aged under
18;

(b) the county court, if the person is aged 18 or over.

9 30Issue of arrest warrant

(1) If the person who applied for an injunction under section 1 thinks that the
respondent is in breach of any of its provisions, the person may apply for the
issue of a warrant for the respondent’s arrest.

(2) The application must be made to—

(a) 35a judge of the county court, if the injunction was granted by the county
court;

(b) a justice of the peace, if the injunction was granted by a youth court.

(3) A judge or justice may issue a warrant under this section only if the judge or
justice has reasonable grounds for believing that the respondent is in breach of
40a provision of the injunction.

(4) A warrant issued by a judge of the county court must require the respondent
to be brought before that court.

(5) A warrant issued by a justice of the peace must require the respondent to be
brought before—

(a) the youth court that granted the injunction, if the person is aged under
18;

(b) 5the county court, if the person is aged 18 or over.

(6) A constable who arrests a person under a warrant issued under this section
must inform the person who applied for the injunction.

(7) If the respondent is brought before a court by virtue of a warrant under this
section but the matter is not disposed of straight away, the court may remand
10the respondent.

10 Remands

Schedule 1 (remands under sections 8 and 9) has effect.

11 Powers in respect of under-18s

Schedule 2 (breach of injunctions: powers of court in respect of under-18s) has
15effect.

Powers of court on application by provider of residential accommodation

12 Power to exclude person from home in cases of violence or risk of harm

(1) An injunction under section 1 may have the effect of excluding the respondent
from the place where he or she normally lives only if—

(a) 20that place is owned or managed by a local authority or a housing
provider,

(b) the injunction is granted on the application of the local authority or
housing provider, and

(c) the court thinks that—

(i) 25the anti-social behaviour in which the respondent has engaged
or threatens to engage consists of or includes the use or
threatened use of violence against other persons, or

(ii) there is a significant risk of harm to other persons from the
respondent.

(2) 30For the purposes of this section a local authority or housing provider owns a
place if—

(a) the authority or provider is a person (other than a mortgagee not in
possession) entitled to dispose of the fee simple of the place, whether in
possession or in reversion, or

(b) 35the authority or provider is a person who holds or is entitled to the rents
and profits of the place under a lease that (when granted) was for a term
of not less then 3 years.

13 Tenancy injunctions: exclusion and power of arrest

(1) In this section “tenancy injunction” means an injunction granted—

(a) 40on the application of a local authority or a housing provider,

(b) against a person who has a tenancy agreement with the applicant,

(c) in respect of a breach or anticipated breach of the agreement on the
ground that the tenant—

(i) is engaging or threatening to engage in anti-social behaviour, or

(ii) is allowing, inciting or encouraging any other person to engage
5or threaten to engage in anti-social behaviour.

“Tenancy agreement” here includes any agreement for the occupation of
residential accommodation.

(2) Subsections (3) and (4) apply where the High Court or the county court grants
a tenancy injunction and is satisfied that—

(a) 10the behaviour referred to in subsection (1)(c) consists of or includes the
use or threatened use of violence (or would do so if engaged in), or

(b) there is a significant risk of harm to any person.

(3) The court may include in the tenancy injunction a provision prohibiting the
person against whom it is granted from entering or being in—

(a) 15any premises specified in the injunction (including the premises where
the person normally lives);

(b) any area specified in the injunction.

(4) The court may attach a power of arrest to any provision of the tenancy
injunction.

(5) 20The following provisions of this Part apply to a tenancy injunction as they
apply to an injunction under section 1—

(a) section 1(6);

(b) sections 3(2) and 8 (if a power of arrest is attached);

(c) sections 5 to 7;

(d) 25section 9;

(e) section 10 and Schedule 1;

(f) section 11 and Schedule 2;

(g) section 18(1).

Supplemental

14 30Requirements to consult etc

(1) A person applying for an injunction under section 1 must before doing so—

(a) consult the local youth offending team about the application, if the
respondent will be aged under 18 when the application is made;

(b) inform any other body or individual the applicant thinks appropriate
35of the application.

This subsection does not apply to a without-notice application.

(2) Where the court adjourns a without-notice application, before the date of the
first on-notice hearing the applicant must—

(a) consult the local youth offending team about the application, if the
40respondent will be aged under 18 on that date;

(b) inform any other body or individual the applicant thinks appropriate
of the application.

(3) A person applying for variation or discharge of an injunction under section 1
granted on that person’s application must before doing so—

(a) consult the local youth offending team about the application for
variation or discharge, if the respondent will be aged under 18 when
that application is made;

(b) inform any other body or individual the applicant thinks appropriate
5of that application.

(4) In this section—

• “local youth offending team” means—

  (a)

  the youth offending team in whose area it appears to the
  applicant that the respondent lives, or

  (b)

  10if it appears to the applicant that the respondent lives in more
  than one such area, whichever one or more of the relevant youth
  offending teams the applicant thinks it appropriate to consult;

• “on-notice hearing” means a hearing of which notice has been given to the
  applicant and the respondent in accordance with rules of court;

• 15“without-notice application” means an application made without notice
  under section 5.

15 Appeals against decisions of youth courts

(1) An appeal lies to the Crown Court against a decision of a youth court made
under this Part.

(2) 20On an appeal under this section the Crown Court may make—

(a) whatever orders are necessary to give effect to its determination of the
appeal;

(b) whatever incidental or consequential orders appear to it to be just.

(3) An order of the Crown Court made on an appeal under this section (other than
25one directing that an application be re-heard by the youth court) is to be treated
for the purposes of section 7 as an order of the youth court.

16 Special measures for witnesses

(1) Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999
(special measures directions in the case of vulnerable and intimidated
30witnesses) applies to proceedings under this Part as it applies to criminal
proceedings, but with—

(a) the omission of the provisions of that Act mentioned in subsection (2)
(which make provision appropriate only in the context of criminal
proceedings), and

(b) 35any other necessary modifications.

(2) The provisions are—

(a) section 17(4) to (7);

(b) section 21(4C)(e);

(c) section 22A;

(d) 40section 27(10);

(e) section 32.

(3) Rules of court made under or for the purposes of Chapter 1 of Part 2 of that Act
apply to proceedings under this Part—

(a) to the extent provided by rules of court, and

(b) 45subject to any modifications provided by rules of court.

(4) Section 47 of that Act (restrictions on reporting special measures directions etc)
applies with any necessary modifications—

(a) to a direction under section 19 of that Act as applied by this section;

(b) to a direction discharging or varying such a direction.

5Sections 49 and 51 of that Act (offences) apply accordingly.

17 Children and young persons: disapplication of reporting restrictions

Section 49 of the Children and Young Persons Act 1933 (restrictions on reports
of proceedings in which children and young persons are concerned) does not
apply to proceedings under this Part.

18 10Rules of court

(1) Rules of court may provide that an appeal from a decision of the High Court,
the county court or a youth court—

(a) to dismiss an application for an injunction under section 1 made
without notice being given to the respondent, or

(b) 15to refuse to grant an interim injunction when adjourning proceedings
following such an application,

may be made without notice being given to the respondent.

(2) In relation to a respondent attaining the age of 18 after proceedings under this
Part have begun, rules of court may—

(a) 20provide for the transfer of the proceedings from the youth court to the
High Court or the county court;

(b) prescribe circumstances in which the proceedings may or must remain
in the youth court.

19 Interpretation etc

(1) 25In this Part—

• “anti-social behaviour” has the meaning given by section 1(2);

• “court” is to be read in accordance with section 1(8);

• “harm” includes serious ill-treatment or abuse, whether physical or not;

• “housing accommodation” includes—

  (a)

  30flats, lodging-houses and hostels;

  (b)

  any yard, garden, outhouses and appurtenances belonging to
  the accommodation or usually enjoyed with it;

  (c)

  any common areas used in connection with the
  accommodation;

• 35“housing provider” means—

  (a)

  a housing trust, within the meaning given by section 2 of the
  Housing Associations Act 1985, that is a charity;

  (b)

  a housing action trust established under section 62 of the
  Housing Act 1988;

  (c)

  40in relation to England, a non-profit private registered provider
  of social housing;

  (d)

  in relation to Wales, a Welsh body registered as a social
  landlord under section 3 of the Housing Act 1996;

  Anti-social Behaviour, Crime and Policing BillPage 10

  (e)

  any body (other than a local authority or a body within
  paragraphs (a) to (d)) that is a landlord under a secure tenancy
  within the meaning given by section 79 of the Housing Act 1985;

• “local authority” means—

  (a)

  5in relation to England, a district council, a county council, a
  London borough council, the Common Council of the City of
  London or the Council of the Isles of Scilly;

  (b)

  in relation to Wales, a county council or a county borough
  council;

• 10“respondent” has the meaning given by section 1(1).

(2) A person’s age is treated for the purposes of this Part as being that which it
appears to the court to be after considering any available evidence.

20 Saving and transitional provision

(1) In this section “existing order” means any of the following injunctions and
15orders—

(a) an anti-social behaviour injunction under section 153A of the Housing
Act 1996;

(b) an injunction under section 153B of that Act (injunction against
unlawful use of premises);

(c) 20an injunction in which anything is included by virtue of section 153D(3)
or (4) of that Act (power to include provision banning person from
premises or area, or to include power of arrest, in injunction against
breach of tenancy agreement);

(d) an order under section 1 or 1B of the Crime and Disorder Act 1998 (anti-
25social behaviour orders etc);

(e) an individual support order under section 1AA of that Act made in
connection with an order under section 1 or 1B of that Act;

(f) an intervention order under section 1G of that Act;

(g) a drinking banning order under section 3 or 4 of the Violent Crime
30Reduction Act 2006.

(2) The repeal or amendment by this Act of provisions about any of the existing
orders specified in subsection (1)(a) to (d), (f) and (g) does not apply in relation
to—

(a) an application made before the commencement day for an existing
35order;

(b) an existing order (whether made before or after that day) applied for
before that day;

(c) anything done in connection with such an application or order.

(3) The repeal or amendment by this Act of provisions about an order specified in
40subsection (1)(e) does not apply in relation to—

(a) an individual support order made before the commencement day;

(b) anything done in connection with such an order.

(4) As from the commencement day there may be no variation of an existing order
that extends the period of the order or of any of its provisions.

(5) 45At the end of the period of 5 years beginning with the commencement day—

(a) in relation to any of the existing orders specified in subsection (1)(a), (b)
and (d) to (g) that is still in force, this Part has effect, with any necessary

modifications (and with any modifications specified in an order under
section 141(6)), as if the provisions of the order were provisions of an
injunction under section 1;

(b) the provisions of this Part set out in section 13(5) apply to any
5injunction specified in subsection (1)(c) that is still in force as they apply
to an injunction under section 1;

(c) subsections (2) to (4) cease to have effect.

(6) In deciding whether to grant an injunction under section 1 a court may take
account of conduct occurring up to 6 months before the commencement day.

(7) 10In this section “commencement day” means the day on which this Part comes
into force.

Part 2 Criminal behaviour orders

Criminal behaviour orders

21 15Power to make orders

(1) This section applies where a person (“the offender”) is convicted of an offence.

(2) The court may make a criminal behaviour order against the offender if two
conditions are met.

(3) The first condition is that the court is satisfied that the offender has engaged in
20behaviour that caused or was likely to cause harassment, alarm or distress to
one or more persons not of the same household as the offender.

(4) The second condition is that the court considers that making the order will help
in preventing the offender from engaging in such behaviour.

(5) A criminal behaviour order is an order which, for the purpose of preventing
25the offender from engaging in such behaviour—

(a) prohibits the offender from doing anything described in the order;

(b) requires the offender to do anything described in the order.

(6) The court may make a criminal behaviour order against the offender only if it
is made in addition to—

(a) 30a sentence imposed in respect of the offence, or

(b) an order discharging the offender conditionally.

(7) The court may make a criminal behaviour order against the offender only on
the application of the prosecution.

(8) The prosecution must find out the views of the local youth offending team
35before applying for a criminal behaviour order to be made if the offender will
be under the age of 18 when the application is made.

(9) Prohibitions and requirements in a criminal behaviour order must, so far as
practicable, be such as to avoid—

(a) any conflict with the offender’s religious beliefs;

(b) 40any interference with the times, if any, at which the offender normally
works or attends school or any other educational establishment;

(c) any conflict with the requirements of any other court order or
injunction to which the offender may be subject.

(10) In this section “local youth offending team” means—

(a) the youth offending team in whose area it appears to the prosecution
5that the offender lives, or

(b) if it appears to the prosecution that the offender lives in more than one
such area, whichever one or more of the relevant youth offending
teams the prosecution thinks appropriate.

22 Proceedings on an application for an order

(1) 10For the purpose of deciding whether to make a criminal behaviour order the
court may consider evidence led by the prosecution and evidence led by the
offender.

(2) It does not matter whether the evidence would have been admissible in the
proceedings in which the offender was convicted.

(3) 15The court may adjourn any proceedings on an application for a criminal
behaviour order even after sentencing the offender.

(4) If the offender does not appear for any adjourned proceedings the court may—

(a) further adjourn the proceedings,

(b) issue a warrant for the offender’s arrest, or

(c) 20hear the proceedings in the offender’s absence.

(5) The court may not act under paragraph (b) of subsection (4) unless it is satisfied
that the offender has had adequate notice of the time and place of the
adjourned proceedings.

(6) The court may not act under paragraph (c) of subsection (4) unless it is satisfied
25that the offender—

(a) has had adequate notice of the time and place of the adjourned
proceedings, and

(b) has been informed that if the offender does not appear for those
proceedings the court may hear the proceedings in his or her absence.

(7) 30Subsection (8) applies in relation to proceedings in which a criminal behaviour
order is made against an offender who is under the age of 18.

(8) In so far as the proceedings relate to the making of the order—

(a) section 49 of the Children and Young Persons Act 1933 (restrictions on
reports of proceedings in which children and young persons are
35concerned) does not apply in respect of the offender;

(b) section 39 of that Act (power to prohibit publication of certain matters)
does so apply.

23 Requirements included in orders

(1) A criminal behaviour order that includes a requirement must specify the
40person who is to be responsible for supervising compliance with the
requirement.

The person may be an individual or an organisation.

The person may be an individual or an organisation.

(2) Before including a requirement, the court must receive evidence about its
suitability and enforceability from—

(a) the individual to be specified under subsection (1), if an individual is to
be specified;

(b) 5an individual representing the organisation to be specified under
subsection (1), if an organisation is to be specified.

(3) Before including two or more requirements, the court must consider their
compatibility with each other.

(4) It is the duty of a person specified under subsection (1)—

(a) 10to make any necessary arrangements in connection with the
requirements for which the person has responsibility (the “relevant
requirements”);

(b) to promote the offender’s compliance with the relevant requirements;

(c) if the person considers that the offender—

(i) 15has complied with all the relevant requirements, or

(ii) has failed to comply with a relevant requirement,

to inform the prosecution and the appropriate chief officer of police.

(5) In subsection (4)(c) “the appropriate chief officer of police” means—

(a) the chief officer of police for the police area in which it appears to the
20person specified under subsection (1) that the offender lives, or

(b) if it appears to that person that the offender lives in more than one
police area, whichever of the relevant chief officers of police that person
thinks it most appropriate to inform.

(6) An offender subject to a requirement in a criminal behaviour order must—

(a) 25keep in touch with the person specified under subsection (1) in relation
to that requirement, in accordance with any instructions given by that
person from time to time;

(b) notify the person of any change of address.

These obligations have effect as requirements of the order.

24 30Duration of order etc

(1) A criminal behaviour order takes effect on the day it is made, subject to
subsection (2).

(2) If on the day a criminal behaviour order (“the new order”) is made the offender
is subject to another criminal behaviour order (“the previous order”), the new
35order may be made so as to take effect on the day on which the previous order
ceases to have effect.

(3) A criminal behaviour order must specify the period (“the order period”) for
which it has effect.

(4) In the case of a criminal behaviour order made before the offender has reached
40the age of 18, the order period must be a fixed period of—

(a) not less than 1 year, and

(b) not more than 3 years.

(5) In the case of a criminal behaviour order made after the offender has reached
the age of 18, the order period must be—

(a) 45a fixed period of not less than 2 years, or

(b) an indefinite period (so that the order has effect until further order).

(6) A criminal behaviour order may specify periods for which particular
prohibitions or requirements have effect.

Interim orders

25 5Interim orders

(1) This section applies where a court adjourns the hearing of an application for a
criminal behaviour order.

(2) The court may make a criminal behaviour order that lasts until the final
hearing of the application or until further order (“an interim order”) if the court
10thinks it just to do so.

(3) Section 21(6) to (8) and section 24(3) to (5) do not apply in relation to the
making of an interim order.

(4) Subject to that, the court has the same powers whether or not the criminal
behaviour order is an interim order.

15Variation and discharge

26 Variation or discharge of orders

(1) A criminal behaviour order may be varied or discharged by the court which
made it on the application of—

(a) the offender, or

(b) 20the prosecution.

(2) If an application by the offender under this section is dismissed, the offender
may make no further application under this section without—

(a) the consent of the court which made the order, or

(b) the agreement of the prosecution.

(3) 25If an application by the prosecution under this section is dismissed, the
prosecution may make no further application under this section without—

(a) the consent of the court which made the order, or

(b) the agreement of the offender.

(4) The power to vary an order includes power to include an additional
30prohibition or requirement in the order or to extend the period for which a
prohibition or requirement has effect.

(5) Section 23 applies to additional requirements included under subsection (4) as
it applies to requirements included in a new order.

(6) In the case of a criminal behaviour order made by a magistrates’ court, the
35references in this section to the court which made the order include a reference
to any magistrates’ court acting in the same local justice area as that court.

Review of orders (under-18s)

27 Review of orders

(1) If—

(a) a person subject to a criminal behaviour order will be under the age of
518 at the end of a review period (see subsection (2)),

(b) the term of the order runs until the end of that period or beyond, and

(c) the order is not discharged before the end of that period,

a review of the operation of the order must be carried out before the end of that
period.

(2) 10The “review periods” are—

(a) the period of 12 months beginning with—

(i) the day on which the criminal behaviour order takes effect, or

(ii) if during that period the order is varied under section 26, the
day on which it is varied (or most recently varied, if the order is
15varied more than once);

(b) a period of 12 months beginning with—