Behaviour orders: general rules50.2

1

The court must not make a behaviour order unless the person to whom it is directed has had an opportunity—

a

to consider what order is proposed and why; and

b

to make representations at a hearing (whether or not that person in fact attends).

2

That restriction does not apply to making an interim behaviour order, but such an order has no effect unless the person to whom it is directed—

a

is present when it is made; or

b

is handed a document recording the order not more than 7 days after it is made.

3

Where the court decides not to make, where it could—

a

a football banning order;

b

a parenting order, after a person under 16 is convicted of disobeying an anti-social behaviour order; or

c

a drinking banning order,

the court must announce, at a hearing in public, the reasons for its decision.

[Note. The Acts listed in the note to rule 50.1 impose requirements specific to each different type of behaviour order. Not all allow the court to make an interim behaviour order.

See section 14A(3) of the Football Spectators Act 198916; section 8A(4) of the Crime and Disorder Act 199817; and section 6(4) of the Violent Crime Reduction Act 200618.]

Application to vary or revoke behaviour order50.5

1

The court may vary or revoke a behaviour order if—

a

the legislation under which it is made allows the court to do so; and

b

one of the following applies—

i

the prosecutor,

ii

the person to whom the order is directed,

iii

any other person mentioned in the order,

iv

the relevant authority or responsible officer,

v

the relevant Chief Officer of Police, or

vi

the Director of Public Prosecutions.

2

A person applying under this rule must—

a

apply in writing as soon as practicable after becoming aware of the grounds for doing so, explaining—

i

what material circumstances have changed since the order was made, and

ii

why the order should be varied or revoked as a result; and

b

serve the application on—

i

the court officer,

ii

as appropriate, the prosecutor or defendant, and

iii

any other person listed in paragraph (1)(b), if the court so directs.

3

A party who wants the court to take account of any particular evidence before making its decision must, as soon as practicable—

a

serve notice in writing on—

i

the court officer,

ii

as appropriate, the prosecutor or defendant, and

iii

any other person listed in paragraph (1)(b) on whom the court directed the application to be served; and

b

in that notice identify the evidence and attach any written statement that has not already been served.

4

The court may decide an application under this rule with or without a hearing.

5

But the court must not—

a

dismiss an application under this rule unless the applicant has had an opportunity to make representations at a hearing (whether or not the applicant in fact attends); or

b

allow an application under this rule unless everyone required to be served, by this rule or by the court, has had at least 14 days in which to make representations, including representations about whether there should be a hearing.

6

The court officer must—

a

serve the application on any person, if the court so directs; and

b

give notice of any hearing to—

i

the applicant, and

ii

any person required to be served, by this rule or by the court.

[Note. The legislation that gives the court power to make a behaviour order may limit the circumstances in which it may be varied or revoked and may require a hearing.

If a party relies on hearsay evidence, see also rules 50.6, 50.7 and 50.8.]