As with any order of a criminal court which has characteristics of an injunction, (i) the terms of a criminal behaviour order made under section 22 of the Anti-social Behaviour, Crime and Policing Act 2014 must be precise and capable of being understood by the offender, (ii) the findings of fact giving rise to the making of the order must be recorded, (iii) the order must be explained to the offender, (iv) the exact terms of the order must be pronounced in open court and accurately reflected in the written order. Prohibitions in a criminal behaviour order should be reasonable and proportionate, realistic and practical, and be in terms which make it easy to determine and prosecute a breach. Exclusion zones should be clearly delineated, generally with the use of clearly marked maps, and individuals whom the defendant is prohibited from contacting or associating with should be clearly identified. In the case of a foreign national, consideration should be given to the need for the order to be translated (paras 14–15).

The case law on criminal behaviour orders is not yet fully developed. Section 22 of the 2014 Act might, on a literal construction, be said to apply to a high proportion of cases in the criminal courts. However, such orders are not lightly to be imposed; the court should proceed with a proper degree of caution and circumspection; the order must be tailored to the specific circumstances of the person on whom it is to be imposed; and the assessments of proportionality are intensively fact-sensitive. On an appeal against a criminal behaviour order, while giving due weight to the evaluation of the judge, the appellate court will be particularly concerned about the proportionality of the order (paras 16–20).