Criminal Behaviour Orders - Annex L
Criminal Behaviour Order - process to find out the view of the local youth offending team
Before applying for a CBO if the offender will be under the age of 18 when the application is made, the prosecution must find out the view of the local youth offending team. The process, below, and the use of the attached template will ensure that the views of YOT are included in the file of evidence forwarded to the prosecution.
- The police / local authority identify the possibility of an application for a CBO in connection with the youth. This should be done as early as possible and, ideally, at the point of charge.
- The police / local authority (as the organisation preparing the application for the CBO) will find out the views of the YOT, and will telephone the YOT ASB lead at the point of request to alert them to the same and the timescales involved. The police / local authority officer should keep a file note detailing the conversation with the YOT ASB lead.
- YOT consider their response to the application and record their views on the template (attached).
- Police / local authority prepare the application for the CBO (including drafting the proposed prohibitions / requirements), which will include the template completed by the YOT, and electronically submit to the CPS together with evidence to support the request.
- The prosecutor will be alert, when charging / reviewing files, to cases in which a CBO application may be appropriate but not requested by another agency. The prosecutor to record the need to seek the views of YOT on the MG3.
- Prosecutor reviews the file of evidence submitted by the police, as well as the request for the CBO and supporting evidence provided by the police / local authority.
- Where the views of the local YOT are not part of the CBO file, the prosecutor must contact the police / local authority to request the views of YOT.
- Prosecutor will prepare a Notice of Intention to Apply if the view of YOT is not received within 5 working days.