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Respect Orders Take Effect in England and Wales With Criminal Penalties

Courts may restrict adults’ conduct or require specific actions. A breach without reasonable excuse can bring up to two years in prison.

Updated 2 min read
A visitor enters Westminster Magistrates’ Court in London on an overcast morning. (AI-generated image / EconoTimes)
A visitor enters Westminster Magistrates’ Court in London on an overcast morning. (AI-generated image / EconoTimes)

Authorities in England and Wales can seek Respect Orders from Oct. 26, giving courts a new way to curb adults’ anti-social behavior through restrictions or required actions.

The provisions establishing the orders in the Crime and Policing Act 2026 took effect under commencement regulations. A court can issue an order against someone 18 or older when the evidence makes it more likely than not that the person has engaged in anti-social behavior or threatens to do so. The Act requires the behavior to have caused, or be likely to cause, “harassment, alarm or distress”; the judge must also consider the order “just and convenient” to prevent it.

An order can ban particular conduct or require a person to take specified action. The Home Office has cited drug or alcohol treatment as one possible requirement and says the orders are intended to protect victims and communities while addressing causes of repeat behavior. The Act says judges should limit disruption to a person’s work or education where practicable.

The Home Office has contrasted Respect Orders with older Anti-Social Behaviour Orders, saying courts can require positive steps as well as impose bans. Parliament’s explanatory notes describe the law as partially replacing the adult civil-injunction route.

Local authorities, police, housing providers and other listed bodies can apply. The statutory list includes the British Transport Police, Transport for London, Transport for Greater Manchester, the Environment Agency and Welsh environmental authorities. A housing provider’s application must relate to or affect its housing-management functions.

A breach without reasonable excuse is a criminal offense. A person convicted on indictment can face up to two years in prison, a fine or both. For failing to meet an activity requirement to trigger an offense, the person must have received a warning within the previous 12 months.

The Joint Committee on Human Rights questioned whether the civil standard of proof and the “just and convenient” test provide adequate safeguards when a breach can lead to imprisonment. The government said judges must assess each case and cited risk assessments and other safeguards.

In an Oct. 21 written answer to Parliament, the Home Office said it was still developing a way to monitor how the orders are used and their impact, using operational data and other measures. The same commencement regulations extended some dispersal directions from 48 to 72 hours and raised the maximum for certain fixed penalty notices from £100 to £500.

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