Anti-social Behaviour, Crime and Policing Bill (HL Bill 78)

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 anti-social
behaviour.

(3) 10Anti-social behaviour is—

(a) conduct that has caused, or is likely to cause, harassment, alarm or
distress to any person, or

(b) in the case of an application for an injunction under this section by a
housing provider or by a local authority when exercising similar
housing management functions, conduct capable of causing nuisance
or annoyance to any person.

(4) 5The 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.

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

(a) 10prohibit the respondent from doing anything described in the
injunction;

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

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

(a) 15any interference with the times, if any, at which the respondent
normally works or attends school or any other educational
establishment;

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

(7) 20An 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.

(8) 25An injunction under this section may specify periods for which particular
prohibitions or requirements have effect.

(9) An application for an injunction under this section must be made to—

(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.

30Paragraph (b) is subject to any rules of court made under section 17(2).

Contents 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
35requirement.

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) 40the individual to be specified under subsection (1), if an individual is to
be 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
45compatibility with each other.

(4) It 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) 5to promote the respondent’s compliance with the relevant
requirements;

(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,

10to inform the person who applied for the injunction 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
person specified under subsection (1) that the respondent lives, or

(b) 15if it appears to that person that the respondent lives in more than one
police 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) 20keep 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 injunction.

3 25Power of arrest

(1) A 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
30violence against other persons, or

(b) there 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
35which the power is to have effect which is shorter than that of the prohibition
or 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) 40a local authority,

(b) a 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,

(g) the Natural Resources Body for Wales,

(h) the Secretary of State exercising security management functions, or a
Special Health Authority exercising security management functions on
5the direction of the Secretary of State, or

(i) the Welsh Ministers exercising security management functions, or a
person or body exercising security management functions on the
direction of the Welsh Ministers or under arrangements made between
the Welsh Ministers and that person or body.

(2) 10In subsection (1) “security management functions” means—

(a) the Secretary of State’s security management functions within the
meaning given by section 195(3) of the National Health Service Act
2006;

(b) the functions of the Welsh Ministers corresponding to those functions.

(3) 15A 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.

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

(a) 20functions 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.

(5) The Secretary of State may by order—

(a) amend this section;

(b) 25amend 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) If an application is made without notice the court must either—

(a) 30adjourn 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.

Interim injunctions

6 35Interim 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
hearing of the application or until further order (an “interim injunction”) if the
40court 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) Subject 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) 5The court may vary or discharge an injunction under section 1 on the
application of—

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

(b) the respondent.

(2) In subsection (1) “the court” means—

(a) 10the court that granted the injunction, except where paragraph (b)
applies;

(b) the county court, where the injunction was granted by a youth court but
the respondent is aged 18 or over.

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

(a) 15to include an additional prohibition or requirement in the injunction, or
to 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.

(4) If an application under this section is dismissed, the party by which the
20dismissed application was made may make no further application under this
section without—

(a) the consent of the court, or

(b) the agreement of the other party.

(5) Section 2 applies to additional requirements included under subsection (3)(a)
25above as it applies to requirements included in a new injunction.

Breach of injunctions

8 Arrest without warrant

(1) Where 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
30has 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
who applied for the injunction.

(3) A person arrested under subsection (1) must, within the period of 24 hours
35beginning with the time of the arrest, be brought before—

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

(b) a judge of the county court, if—

(i) the injunction was granted by the county court, or

(ii) 40the injunction was granted by a youth court but the respondent
is aged 18 or over;

(c) a justice of the peace, if neither paragraph (a) nor paragraph (b) applies.

(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) or (b) may
remand the person if the matter is not disposed of straight away.

(6) 5The justice of the peace before whom a person is brought under subsection
(3)(c) must remand the person to appear before the youth court that granted
the injunction.

9 Issue of arrest warrant

(1) If the person who applied for an injunction under section 1 thinks that the
10respondent 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) a judge of the High Court, if the injunction was granted by the High
Court;

(b) 15a judge of the county court, if—

(i) the injunction was granted by the county court, or

(ii) the injunction was granted by a youth court but the respondent
is aged 18 or over;

(c) a justice of the peace, if neither paragraph (a) nor paragraph (b) applies.

(3) 20A 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
a provision of the injunction.

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

(5) 25A warrant issued by a judge of the county court must require the respondent
to be brought before that court.

(6) 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
3018;

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

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

(8) If the respondent is brought before a court by virtue of a warrant under this
35section but the matter is not disposed of straight away, the court may remand
the respondent.

10 Remands

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

11 Powers in respect of under-18s

40Schedule 2 (breach of injunctions: powers of court in respect of under-18s) has
effect.

Exclusion from home

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 (“the premises”) only if—

(a) 5the respondent is aged 18 or over,

(b) the injunction is granted on the application of—

(i) a local authority,

(ii) the chief officer of police for the police area that the premises are
in, or

(iii) 10if the premises are owned or managed by a housing provider,
that housing provider, and

(c) the court thinks that—

(i) the anti-social behaviour in which the respondent has engaged
or threatens to engage consists of or includes the use or
15threatened use of violence against other persons, or

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

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

(a) the housing provider is a person (other than a mortgagee not in
20possession) entitled to dispose of the fee simple of the place, whether in
possession or in reversion, or

(b) the housing 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.

25Supplemental

13 Requirements 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) 30inform any other body or individual the applicant thinks appropriate
of 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) 35consult the local youth offending team about the application, if the
respondent 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
40granted 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
of that application.

(4) In this section—

• “local youth offending team” means—

  (a)

  5the youth offending team in whose area it appears to the
  applicant that the respondent lives, or

  (b)

  if 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;

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

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

14 Appeals against decisions of youth courts

(1) 15An appeal lies to the Crown Court against a decision of a youth court made
under this Part.

(2) On 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) 20whatever 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
one 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.

15 Special measures for witnesses

(1) 25Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999
(special measures directions in the case of vulnerable and intimidated
witnesses) 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)
30(which make provision appropriate only in the context of criminal
proceedings), and

(b) any other necessary modifications.

(2) The provisions are—

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

(b) 35section 21(4C)(e);

(c) section 22A;

(d) section 27(10);

(e) section 32.

(3) Rules of court made under or for the purposes of Chapter 1 of Part 2 of that Act
40apply to proceedings under this Part—

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

(b) subject 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.

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

16 Children and young persons: disapplication of reporting restrictions

5Section 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.

17 Rules of court

(1) Rules of court may provide that an appeal from a decision of the High Court,
10the 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) to refuse to grant an interim injunction when adjourning proceedings
following such an application,

15may be made without notice being given to the respondent.

(2) Rules of court may provide for a youth court to give permission for an
application for an injunction under section 1 against a person aged 18 or over
to be made to the youth court if—

(a) an application to the youth court has been made, or is to be made, for
20an injunction under that section against a person aged under 18, and

(b) the youth court thinks that it would be in the interests of justice for the
applications to be heard together.

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

(a) 25provide 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.

18 Guidance

(1) 30The Secretary of State may issue guidance to persons entitled to apply for
injunctions under section 1 (see section 4) about the exercise of their functions
under this Part.

(2) The Secretary of State may revise any guidance issued under this section.

(3) The Secretary of State must arrange for any guidance issued or revised under
35this section to be published.

19 Interpretation etc

(1) In this Part—

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

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

• 40“housing accommodation” includes—

  (a)

  flats, lodging-houses and hostels;

  Anti-social Behaviour, Crime and Policing BillPage 10

  (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;

• 5“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)

  10in 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;

  (e)

  any body (other than a local authority or a body within
  15paragraphs (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)

  in relation to England, a district council, a county council, a
  London borough council, the Common Council of the City of
  20London or the Council of the Isles of Scilly;

  (b)

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

• “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
25appears 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
orders—

(a) an anti-social behaviour injunction under section 153A of the Housing
30Act 1996;

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

(c) an injunction in which anything is included by virtue of section 153D(3)
or (4) of that Act (power to include provision banning person from
35premises 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-
social behaviour orders etc);

(e) an individual support order under section 1AA of that Act made in
40connection 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
Reduction Act 2006.

(2) The repeal or amendment by this Act of provisions about any of the existing
45orders 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
order;

(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
5subsection (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) 10At 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 182(7)), as if the provisions of the order were provisions of an
15injunction under section 1;

(b) the provisions of this Part set out in section 13(5) apply to any
injunction 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) 20In 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) In this section “commencement day” means the day on which this Part comes
into force.

Part 2 25Criminal behaviour orders

Criminal behaviour orders

21 Power 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
30conditions are met.

(3) The first condition is that the court is satisfied, beyond reasonable doubt, that
the offender has engaged in behaviour that caused or was likely to cause
harassment, alarm or distress to any person.

(4) The second condition is that the court considers that making the order will help
35in preventing the offender from engaging in such behaviour.

(5) A criminal behaviour order is an order which, for the purpose of preventing
the 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) 40The court may make a criminal behaviour order against the offender only if it
is made in addition to—

(a) a 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) 5The prosecution must find out the views of the local youth offending team
before 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) 10any interference with the times, if any, at which the offender normally
works or attends school or any other educational establishment;

(b) 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) 15the youth offending team in whose area it appears to the prosecution
that 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 20Proceedings on an application for an order

(1) For 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
25proceedings in which the offender was convicted.

(3) The 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) 30issue a warrant for the offender’s arrest, or

(c) hear 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) 35The court may not act under paragraph (c) of subsection (4) unless it is satisfied
that 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
40proceedings the court may hear the proceedings in his or her absence.

(7) Subsection (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
concerned) does not apply in respect of the offender;

(b) section 39 of that Act (power to prohibit publication of certain matters)
5does so apply.

23 Requirements included in orders

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

10The 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
15be 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) 20It 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 offender’s compliance with the relevant requirements;

(c) 25if the person considers that the offender—

(i) has 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) 30the chief officer of police for the police area in which it appears to the
person 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) 35An offender subject to a requirement in a criminal behaviour order must—

(a) keep 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.

40These obligations have effect as requirements of the order.

24 Duration 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
45is subject to another criminal behaviour order (“the previous order”), the new

order 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) 5In the case of a criminal behaviour order made before the offender has reached
the 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
10the age of 18, the order period must be—

(a) a 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.

15Interim orders

25 Interim 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
20hearing of the application or until further order (“an interim order”) if the court
thinks 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
25behaviour order is an interim order.

Variation 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) 30the offender, or

(b) the 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) 35the agreement of the prosecution.

(3) If 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
prohibition 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
5it applies to requirements included in a new order.

(6) In the case of a criminal behaviour order made by a magistrates’ court, the
references 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 10Review of orders

(1) If—

(a) a person subject to a criminal behaviour order will be under the age of
18 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) 15the 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) The “review periods” are—

(a) the period of 12 months beginning with—

(i) 20the day on which the criminal behaviour order takes effect, or