Criminal Behaviour Orders - Annex J
Plain-English digest of CPS prosecution guidance.
AI-generated summary — not verbatim. This is a plain-English digest, not the official CPS text. It may omit detail or fall out of date. Do not rely on it for a charging decision — read the full guidance on cps.gov.uk and check the current legislation.
This prosecution guidance outlines legal principles related to Criminal Behaviour Orders, particularly focusing on the defence of 'reasonable excuse'. It includes case law references and highlights how a defendant's state of mind can be relevant in breach cases of anti-social behaviour orders.
Key points
- Ignorance of ASBO terms is not a reasonable excuse according to _R v Nicholson_.
- Matters affecting reasonable excuse should be left to the jury as factual issues.
- In _JB v Director of Public Prosecutions_, a defendant's state of mind is relevant in determining breaches of ASBOs.
- A defendant can appeal a conviction if the judge fails to consider mental elements relevant to their plea.
This is a factual digest of guidance published by the Crown Prosecution Service. Digested 2026-07-15. BlueLineHub is independent and not affiliated with the CPS.