Harassment, stalking and protective orders
Breach of a criminal behaviour order
Sentencing Code s.339 (Sentencing Act 2020); ASBCPA 2014, s.30 repealed 1 December 2020
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Either way
- Maximum penalty
- 5 years’ custody
Actus reus
- Without reasonable excuse, do anything prohibited by a criminal behaviour order, or fail to do anything required by a criminal behaviour order (Sentencing Code s.339(1) — Sentencing Act 2020).
- ASBCPA 2014, s.30 was repealed on 1 December 2020. Post-commencement charges should cite the Sentencing Code.
Mens rea
- The offence is doing (or failing to do) the specified thing without reasonable excuse. Knowledge of the order is usually proved by service/pronouncement — take instructions on whether the client had the order and understood the term.
Defences
Reasonable excuse · Conduct not covered by the order term · No valid CBO in force / not served · Deny the act
Sentencing Council
Sentencing Council guideline effective 01 October 2018. Offence range: Fine – 4 years’ custody.
At the police station
Get the sealed order and the exact prohibition. Conditional discharge is not available on conviction (s.339(3)).
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.