Breach of Criminal Behaviour Order (Section 339 Sentencing Act 2020)

Breach of Criminal Behaviour Order is an offence under s.339 Sentencing Act 2020. It is an offence for a person without reasonable excuse to do anything he or she is prohibited from doing by a criminal behaviour order, or to fail to do anything he or she is required to do by a criminal behaviour order (s.339(1)). Maximum sentence: on summary conviction, imprisonment for a term not exceeding the general limit in a magistrates' court (12 months in the case of an offence triable either way, Sentencing Act 2020, s.224(1A)(b)), or a fine, or both; on conviction on indictment, imprisonment for a term not exceeding 5 years, or a fine, or both (s.339(2)). A conditional discharge is not available on conviction (s.339(3)). A copy of the original order certified by the proper officer of the court which made it is admissible as evidence of its having been made and of its contents (s.339(4)). In proceedings against a person under 18, the automatic reporting restriction in s.49 Children and Young Persons Act 1933 does not apply, but the court may restrict reporting under s.45 Youth Justice and Criminal Evidence Act 1999 and must give its reasons if it does (s.339(5) and (6)).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).