The Crime and Policing Bill 2025 was introduced to Parliament on 25 February and introduces Respect Orders. These are proposed to tackle persistent adult offenders, are similar to the old style ‘ASBOs (anti-social behaviour orders) and will mainly replace housing ASB injunctions (ASBIs). 

Key points:

• They will only apply to adults.
• A registered provider (RP) can apply for them directly (unlike the old ASBO) if the ASB directly or indirectly relates to or affects their housing management functions. 
• This can be made when a court is satisfied with the balance of probabilities that the respondent has engaged in or threatens to engage in ASB, and the court considers it just and convenient to make the order to prevent further acts of ASB.
• The county court will hear them (not the magistrates as with ASBOs). 
• They can be applied for without notice.
• Exclusion from the person’s home can be ordered if there have been acts of or threats of violence or a risk of harm. 
• Positive requirements can also be ordered with supervision by a responsible person in the same way as with ASBIs. 

Before applying, a landlord must carry out a risk assessment covering:

• the defendant’s vulnerabilities;
• the risk of any person being caused harassment, alarm or distress by the behaviour; 
• any alternative means of preventing the ASB (which might cover existing bail conditions for example); and 
• any other material matters. 

The biggest potential advantage of a Respect Order is that breach will not be a contempt of court but a criminal offence. Enforcement will therefore be handled by the police and CPS not by the landlord. This will lead to considerable cost savings to landlords, but they will lose control over the choice about which breaches are pursued.  

Interestingly, there is currently no mention of changing the ASB mandatory ground 7A to include breach of a respect order as a condition but that may follow elsewhere.

Existing ASBIs will remain in force and be known as 'housing injunctions', but will only be used where there is only nuisance and annoyance. Youth injunctions will also continue unchanged. 

The Government refers to the Respect Order being trialled first before being rolled out nationally so ASBIs are probably around for a while yet.  

The Bill will also allow RPs to directly apply for Closure Orders if they manage a property associated with nuisance and disorder. The closure order timescale will also change from 48 to 72 hours after service of a closure notice. Having this power will be a helpful addition to an RP's ASB toolbox and reduce reliance on the police and local authority resources so an RP can apply directly when a closure order is the best remedy. 

The new Bill awaits its second reading in due course when the details will then be debated fully. Watch this space!  

For more information

For more information on Respect Orders, or anti-social behaviour, please contact me.