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Crime

Sentence - Criminal behaviour order - District judge finding criminal behaviour order failing to include positive requirement addressing underlying cause of behaviour - District judge refusing to make order - Whether order having to contain positive requirement - Anti-social Behaviour, Crime and Policing Act 2014, s 22 Director of Public Prosecutions v Bulmer [2015] EWHC 2323 (Admin); [2015] WLR (D) 355

11 August 2015

DC: Beatson LJ, Nicola Davies J

• 31 July 2015

Section 22 of the Anti-social Behaviour, Crime and Policing Act 2014 did not oblige a criminal behaviour order to contain a positive requirement which addressed the underlying cause of the offending behaviour; it simply enabled it to do so.

The Divisional Court so held in answering six questions on an appeal by way of case stated by the Director of Public Prosecutions ("the prosecutor"), against the decision of District Judge Lower, sitting in the York and Selby Magistrates' Court on 11 March 2015, in which he refused to make a criminal behaviour order under section 22 of the Anti-social Behaviour, Crime and Policing Act 2014 in respect of the respondent offender, Karen Bulmer, following her conviction before justices of breach of a previous anti-social behaviour order, ...

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