On 25 February 2025 the Government introduced the Crime and Policing Bill 2025 (“the Bill”) to the House of Commons. They state that the Bill aims to “crack down on crime and antisocial behaviour that blight our streets”, and one of the remedies proposed to achieve this is the introduction of Respect Orders.
In short, Respect Orders will be set out at Part 1A to the Antisocial Behaviour Crime and Policing Act 2014 and will serve to replace (at least for the most part), ASB injunction orders.
Respect Orders - What we know so far
The first reading of the Bill has confirmed that:
- Respect Orders can only be made against persons over 18 years old.
- A housing provider may make an application for a Respect Order if the application concerns ASB which either directly or indirectly relates to, or affects, their housing management functions.
- Applications will need to be made to the County Court or High Court
- The Courts may make an Order when it is satisfied on the balance of probabilities that the respondent has engaged in, or threatens to engage in, antisocial behaviour and the Court considers it is just and convenient to make the order to prevent further acts of antisocial behaviour
- The Courts can grant a Housing Injunction without separate application
- It will be possible to make an application without notice and as with current ASBIs the Court will have the power to make interim and final orders.
- An application can include a request for exclusion from the Respondent’s home if there are threats of, or actual, violence; or is there is a risk of harm
- Terms of the orders can include restrictions on behaviour and/or positive requirements.
- Any requirement terms sought in an application must include evidence from a supervisor, who is proposed to be suitable to monitor compliance of this term. The supervisor will also have duties to report to the applicant and the police, if they consider that the respondent has failed to comply, without reasonable excuse, with a relevant requirement.
Pre-requisites to applying
In contrast to current injunction provisions, prior to applying for a Respect Order the applicant will need to have carried out a risk assessment to include:
- The risk of any person being caused harassment, alarm or distress by the behaviour,
- The vulnerabilities of the respondent,
- Any alternative means of preventing the ASB, and
- Any other material matters.
Penalties for breach
Breach of a Respect Order will be a criminal offence, and the respondent will be liable on a summary conviction to imprisonment (of a term not exceeding the magistrates limit), a fine, or both; and on indictment to imprisonment up to two years, a fine or both.
ASB Injunctions
Interestingly this may not be the death of the ASB injunction order. Youth injunctions will still be available for respondents aged 10 to 18 years. Additionally, injunction orders under Part 1 ASBCP Act 2014 will be available to prevent persons aged over 18 years from engaging in behaviour capable of causing nuisance or annoyance.
Any existing ASB injunction orders would be unaffected by the commencement of the proposed Bill.
Other tools for housing providers
The Bill also includes proposals that registered providers would be able to apply themselves for closure orders in respect of properties they manage and which are associated with nuisance and disorder.
Natalie Kidd is an Associate and Sian Evans is a partner at Weightmans. The firm will be delivering more detailed training on the Bill and providing more comprehensive analysis of the implications, strengths and pitfalls, in due course.