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Section 332: Proceedings on an application for an order

Sentencing Act 2020 · 2020 c. 17View on legislation.gov.uk

Part 11: Behaviour orders — CHAPTER 1: Criminal behaviour orders

For the purpose of deciding whether to make a criminal behaviour order the court may consider evidence led by the prosecution and evidence led by the offender.

It does not matter whether the evidence would have been admissible in the proceedings in which the offender was convicted.

The court may adjourn any proceedings on an application for a criminal behaviour order even after sentencing the offender.

If the offender does not appear for any adjourned proceedings the court may—

further adjourn the proceedings,
issue a warrant for the offender's arrest, or
hear the proceedings in the offender's absence.

The court may not act under paragraph (b) of subsection (4) unless it is satisfied that the offender has had adequate notice of the time and place of the adjourned proceedings.

The court may not act under paragraph (c) of subsection (4) unless it is satisfied that the offender—

has had adequate notice of the time and place of the adjourned proceedings, and
has been informed that if the offender does not appear for those proceedings the court may hear the proceedings in the offender's absence.

Subsection (8) applies in relation to proceedings in which a criminal behaviour order is made against an offender who is under the age of 18.

In so far as the proceedings relate to the making of the order—

section 49 of the Children and Young Persons Act 1933 (restrictions on reports of proceedings in which children and young persons are concerned) does not apply in respect of the offender;
section 39 of that Act (power to prohibit publication of certain matters) does so apply.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.