Fiona Rutherford

The cross-party legal reform charity’s report, Lowering the Standard: A review of Behavioural Control Orders in England and Wales, describes how the use of behavioural control orders should not be seen as “a magic bullet” in addressing matters of public safety and security.

Following the template of ASBOs introduced in 1998, these once “unique” and “novel” tools have quietly crept across the justice system. Today, there are now over 30 types of order, seeking to tackle a range of issues such as anti-social behaviour, football violence, organised crime, trafficking, domestic abuse, stalking, sex-offending, and protest, amongst others.

Behavioural control orders are legal tools that impose conditions on a person with the aim of changing their behaviour. The report explores the rapid growth of orders across the justice system and asks whether the current regime is achieving its aims to protect victims, prevent crime, and rehabilitate individuals. Controversial examples range from banning a pensioner from wearing a bikini in her garden to restricting a family with an autistic child from closing the door too loudly, under threat of a fine or prosecution.

The report finds that successive governments have failed to provide robust evidence proving that orders are an effective way of dealing with complex issues. Even where certain orders have the potential to serve the needs of victims, the police and local councils neglect to use them to their full advantage.

Fiona Rutherford, chief executive of JUSTICE, said: “Despite being introduced over two decades ago as a unique tool, the explosion in the use of behavioural control orders has gone unchecked.

“Systemic issues, from ambiguous legislation to the lack of training, funding and monitoring, means that these orders are vulnerable to disproportionate and inconsistent application. We urge policy-makers to address these issues now, and ensure that orders are applied effectively – protecting those they are designed to protect, without generating further harm.”