In addition to prosecuting people for offences, the police and other law enforcement agencies can apply to a magistrates’ court for various types of control or protection orders which restrict a person’s liberty.  Applications for these orders can be ‘free-standing’ (not linked to an existing case) or after a person’s conviction for an offence.

How Can We Help You?

Although the types of order are varied they have a significant impact on people’s lives and can last many years.  If you are the subject of such an application you should seek legal advice.  Powell Spencer & Partners can help people to:

• Resist an order entirely,
• Reduce its scope and impact,
• Appeal against the imposition of an order after the event,
• Act for someone accused of breaching the order,
• Vary an order in existence, and
• Apply to discharge an Order before its stated duration.

The following is a list of the types of orders in which we are instructed to act:

Knife Crime Prevention Orders

Under pressure to reduce knife crime the government have introduced a new power, initially only in London, to target those people they believe are carrying knives. These applications will be made when the police do not have enough evidence to prosecute a person for carrying knives in public but have some information, often hearsay, that they might be doing so. Orders carry forced requirements that are similar to punishments for those convicted of crimes. They may ban someone from using social media, entering a neighbouring postcode or meeting with friends. Orders could include night time curfews or forced education. Failure to follow the order’s requirements is a criminal offence for which a person can be imprisoned for up to 2 years. Finally, those subject to an order are forced to go on a register and must report their personal details to a police station; this process mirrors the sex offenders’ register. Not complying with the register requirements is also a criminal offence with a maximum sentence of 2 years.

Criminal Behaviour Orders

These orders used to be called Anti-Social Behaviour Orders or ASBOs. Some changes were made when the government rebranded them but in the main they are still capable of restricting your freedoms for a long time and failure to follow them, as with all orders, is a criminal offence that can carry up to 5 years imprisonment. 

Closure Orders

Under the Anti-Social Crime and Policing Act 2014 – these relate to the occupiers of premises and often mean people are forced to leave their homes.

Restraining Orders

Under the Protection from Harassment Act 1997 – these orders are similar to Non-Molestation Orders and often referred to simply as injunctions.

Domestic Violence Prevention Notices and Orders

under the Crime and Security Act 2010 – these arise out of allegation of violence between people who often live together, are in a relationship or are close family members.

Violent Offender Orders under the Criminal Justice and Immigration Act 2008 – these orders are sought in relation to people who have received a sentence of imprisonment for in excess of 12 months for certain violent offences.

Football Banning Orders

Under the Football Spectators’ Act 1989 – these orders are used in conjunction with offences in and around football matches and can be imposed for relative minor matters.

Sexual Harm Prevention Orders

Under the Sexual Offences Act 2003 – such orders can impose great restrictions upon the subject and can be applied for in relation to those who have received a police caution or whom have convictions abroad.

Funding

The Legal Aid Agency will fund representation for those applicants who pass their means and merits tests.  For those who don’t we can act on a private basis and offer competitive hourly rates and fixed fees.

People who face such applications often feel overwhelmed and do not know what to do.  Call us now for a free consultation with a legal professional on 020 7604 5600

For more information please visit our Fees & Funding page.