The Criminal Behaviour Order (CBO) was introduced by the Anti-social Behaviour, Crime and Policing Act 2014 and came into force on 20 October 2014. The CBO replaced the Anti-social Behaviour Order (ASBO) in England and Wales as the primary tool aimed specifically at tackling underlying ‘anti-social behaviour’.
The CBO generally targets low-level but persistent offenders and is a form of ‘ancillary order’ (also sometimes referred to as a ‘secondary order’). As ‘ancillary’ orders, CBOs operate in a supplementary capacity at sentencing. CBOs are only available on conviction for an offence – but the conviction can be for any criminal offence in any criminal court, including youth courts.
However, they are not available where the offender has been sentenced to an absolute discharge. It is a criminal offence to fail to do something required by a CBO, or to do something prohibited by a CBO.
A CBO can, therefore, criminalise behaviour which would not otherwise be criminal. A CBO should be reserved for persistent anti-social offenders and aim to prevent them from further offending.