Ghislaine frequently appears in Magistrates’ Court representing clients from all walks of life. She has a particular interest in acting for vulnerable clients. Ghislaine is committed to being an anti-racist lawyer and challenges institutional racism in every aspect that in she witnesses it during her practice.

In this presentation, Ghislaine explains why the routine acceptance of Criminal Behaviour Orders (CBOs) is problematic. She begins by explaining what a CBO is, and outlines tests and procedures used to impose them. She then goes on to explain what (and how) evidence might be used. She moves on to describe how CBOs are used against children, highlighting relevant case law. Afterwards, she goes on to explain the role of racial bias in the criminal legal system, and how this impacts CBOs. She ends with advice on how to challenge CBOs.

Key words/topics

Criminal Behaviour Orders (CBOs)

Racial bias

The Sentencing Act 2020

Behaviour likely to cause harassment, alarm or distress to any person

Test to impose CBOs

Part 31 of the Criminal Procedure Rules 2020

Interim Orders

Children and CBOs

Local youth offending teams

R v Khan [2018] EWCA Crim 1472

R v Boness [2005] EWCA Crim 2395

DPP v Bulmer [2015] EWHC 2323 (Admin)

C v Sunderland Youth Court [2003] EWHC 2385

The Equal Treatment Bench Book

The MacPherson Report 1999 and The Baroness Casey Review 2023

Infringement on Human Rights

Public Interest Test

Youth Justice or Probation Pre-Sentencing Reports

Duplicity arguments

CPS Guidance on CBOs

Sentencing Guidelines on CBOs