New 'Respect orders' to be introduced under the Crime and Policing Bill

On 25 February 2025, the Crime and Policing Bill (Bill 187) was introduced in the House of Commons. The bill is intended to assist in strengthening community safety and tackling anti-social behaviour and crime. 

The key changes applicable to social landlords are:

1. Introduction of new ‘Respect orders’ (further details of which are set out below);
2. Powers extended to Social Landlords to seek Closure orders;
3. Introduction of new criminal offences to include; Cuckooing Offence, Child Criminal Exploitation (CCE) Offence (not an exhaustive list).
4. Dispersal orders can be obtained for up of 72 hours (as opposed to 48 hours' previously);
5. Increase in maximum fine to £500 for breach of CPNs and PSPOs;
6. Heightened review accessibility for community triggers.

The focus within this bulletin will be on the introduction of the new ‘Respect Orders’, which will sit as an available tool running parallel with the pre-existing youth injunctions and housing injunctions. Respect Orders are intended to assist with ASB, particularly to ban persistent offenders within town centres, high streets and local parks. At present, the injunction powers under the Anti-social behaviour, Crime and Policing Act 2014 are only accessible to social housing providers, however Respect Orders will be applicable to private sector. 

The guidance note in respect of the bill can be summarised as below -

KEY NOTES

• Respect orders will be available to ‘relevant authorities’ including the Police, Local Authorities and Registered Providers
• Housing providers can only obtain where the ASB directly or indirectly impacts housing management functions
• Obtained through the County Court or High Court
• Civil burden of proof
• Partially replaces the civil injunction for persons over 18 years of age
• Can be obtained on notice, or without notice if exceptional and urgent
• Usual court powers available to grant interim orders and to vary or discharge any Respect Order
• The court will need to be satisfied that: 
  • a) Respondent as engaged in ASB (defined as conduct causing harassment, alarm or distress) and;
  • b) it is just an convenient to grant the Respect Order
• Order can include prohibitions and positive requirements (noting that such terms must not interfere with work or education, and must not conflict with any other court order or injunction that the Respondent is subject to)
• Orders with positive requirements must specify an individual or organisation responsible for supervision of requirements
• Duty placed on supervisor to give written warning to Respondent where they have failed to meet the positive requirement – further non-compliance within 12 months period will constitute a breach
• Introduction of ‘activity requirement’ - court must declare activity i.e.; attending alcohol awareness classes
• Exclusion order possible where Respondent has been violent, has threatened violence or where there is significant risk of harm
• Housing providers can only obtain exclusion in respect of property owned or managed by them (no limitation on areas for Police or LA)
• No minimum or maximum order length but order must specify an expiry date
• Prior to submitting an application, Applicant must complete a risk assessment considering risk to any victim, vulnerabilities of the Respondent, alternative interventions and any other relevant matters.

Breach of a respect order will be a criminal offences to be heard in magistrates/crown court, enforced by the Police through arrest. There has been no amendment to the absolute grounds for possession and therefore at present, a breach will not amount to mandatory grounds. Sentencing for breach will mirror the current sentencing for injunctions, and will therefore carry a maximum prison sentence of two years or an unlimited fine. 

Respect Orders will be piloted prior to national implementation, to ensure that the orders are as effective as possible. 

Further information and guidance will be released as the bill moves through Parliament but if you would like to discuss then please get in touch with our housing management team.