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Breach of a criminal behaviour order

s.339Sentencing Act 2020

Without reasonable excuse, doing anything a criminal behaviour order prohibits, or failing to do anything it requires.

Breach of a criminal behaviour order · Sentencing Act 2020, s.339Card 115 / 85

Points to prove

A criminal behaviour order was in force against the defendant
They did something they were prohibited from doing by the order, or failed to do something they were required to do by it
Without reasonable excuse

Criminal behaviour order – s.330: an order which, to prevent an offender from engaging in behaviour likely to cause harassment, alarm or distress to any person, prohibits them from doing anything described in it, or requires them to do anything described in it.
When it can be made – s.331: on conviction for an offence, on the prosecution’s application, if the court is satisfied the offender has engaged in behaviour that caused or was likely to cause harassment, alarm or distress, and that the order will help prevent it. It is made in addition to the sentence.
Requirements – s.333(6): an offender subject to a requirement must keep in touch with the named supervisor and tell them of any change of address. These are requirements of the order too.

Change of law: the breach offence used to be s.30 of the Anti-social Behaviour, Crime and Policing Act 2014. Sections 22 to 33 of that Act were repealed on 1 December 2020 and the rules re-enacted in the Sentencing Code (Sentencing Act 2020, Part 11, Chapter 1).
A conditional discharge is not available on conviction (s.339(3)).
A certified copy of the original order is admissible as evidence that it was made and of its contents (s.339(4)).
For defendants under 18, the automatic reporting restrictions in s.49 of the Children and Young Persons Act 1933 do not apply, but the court can restrict reporting under s.45 of the Youth Justice and Criminal Evidence Act 1999 (s.339(5)).

Legislation: Sentencing Act 2020, s.339 (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 5 years' imprisonment (on indictment); 12 months' imprisonment and/or a fine (summary)