Injunctions in criminal law: three types and what breach means for you

An injunction in criminal law is a court order that prohibits you from doing certain things or requires specific behaviour to prevent further offending or protect others. These orders sit at the boundary between civil procedure and criminal enforcement: the court imposes them using civil powers, but breach becomes a criminal offence. HS Criminal Law sets out the types of injunctions used in criminal cases, what breach means in practice, and the steps to take if you're subject to one.

What an injunction is in criminal law

An injunction is a court order telling you what you must not do. In criminal contexts, these orders aim to prevent behaviour that causes harm or disturbance, often where prosecution alone has not stopped the conduct. The court can impose an injunction before conviction, alongside a sentence, or as a standalone order.

The key feature: breach is criminal. Break the terms and you face arrest, charge and potential custody, even though the original order was civil in nature. This hybrid character makes injunctions powerful tools in addressing patterns of behaviour that fall short of serious crime but exceed what civil remedies alone can manage.

Unlike a restraining order tied to a specific offence, injunctions often address ongoing conduct involving multiple incidents or victims. They name you, list prohibited acts in plain terms, and run for a fixed period or until further order. You receive written notice of every condition.

Three types of injunctions used in criminal cases

Restraining orders follow conviction or acquittal for offences involving victims. The court imposes one to protect a named person from harassment or contact, setting out what you cannot do and where you cannot go.

Gang injunctions address serious violence linked to gangs. The court can stop you entering certain areas, associating with named individuals or wearing specific clothing. Applications come from police or local authorities, and the test is whether the order is necessary to prevent gang-related violence.

Criminal behaviour orders replace the earlier anti-social behaviour order. They follow conviction for any offence where the court is satisfied you have engaged in behaviour causing harassment, alarm or distress. Positive requirements are possible: attending programmes, reporting to a place, or notifying changes of address.

How injunctions are imposed

Restraining orders can be made without application. The judge considers them at sentence or after acquittal if the court thinks protection is necessary. You have a chance to make representations before one is imposed, but the decision rests with the court.

Gang injunctions require a civil application to the High Court or county court. The applicant must show on the balance of probabilities that you have engaged in or encouraged gang-related violence and that the order is necessary. You receive notice and can contest the application, instructing a solicitor to challenge the evidence or the terms proposed.

Criminal behaviour orders follow conviction in the magistrates court or Crown Court. The prosecution applies, and the court must be satisfied beyond reasonable doubt that you engaged in behaviour causing harassment, alarm or distress, and that the order will help prevent further anti-social acts. The court considers the necessity and proportionality of each prohibition before making the order.

What happens when you breach an injunction

Immediate consequences

Breach of any of these injunctions is a criminal offence. Police can arrest you without warrant if they reasonably suspect breach. Once arrested, you face:

• Detention at a police station while the custody officer decides on charge or release
• Bail conditions that may add further restrictions
• Court proceedings where breach must be proved to the criminal standard

The prosecution must prove you knew about the order and breached its terms. Lack of knowledge is a defence, but ignorance is hard to establish once you have been served or present in court when the order was made.

Penalties

Maximum sentences vary depending on the type of injunction. Breach of a restraining order or criminal behaviour order can lead to imprisonment. The court considers the seriousness of the breach: repeated contact with a protected person attracts harsher penalties than a technical breach of a reporting requirement.

If you are already serving a suspended sentence or community order, breach of an injunction can trigger activation of the earlier sentence alongside the new penalty. The page on court order breaches sets out how courts approach multiple breaches and concurrent orders.

Duration and changing the terms

Injunctions run for a specified period or until further order. Restraining orders often continue until varied by the court. Gang injunctions carry minimum durations set by statute. Criminal behaviour orders run for a fixed term following conviction.

You can apply to vary or discharge the order if circumstances change. The application goes to the court that made it, and you must show good reason: a change in your situation, completion of treatment, or evidence that the prohibited behaviour has stopped. The protected person or the applicant authority can oppose the application.

Courts vary terms rather than discharge orders outright where some ongoing restriction remains justified. A prohibition on entering a specific street might be relaxed to allow passage but not loitering. Contact bans can be eased to permit indirect communication through solicitors.

Criminal records and disclosure

Injunctions themselves do not create a criminal record, but breach does. A conviction for breach appears on your record and is subject to standard rehabilitation periods based on the sentence you received.

The order itself can be disclosed. Restraining orders appear in police records and may be disclosed to employers or licensing authorities where relevant. Gang injunctions are noted on police systems and can affect housing applications and employment in regulated roles. Criminal behaviour orders are recorded and disclosed in the same way as convictions.

When the order ends, the fact it existed does not automatically disappear. Disclosure depends on the nature of the check, the role you are applying for, and whether breach convictions are spent. The guidance on spent convictions explains when records step back and what employers can ask.

Steps to take if you're subject to one

Read the order immediately

Every term matters. Injunctions list specific acts, named people, defined areas and reporting requirements. If something is unclear, ask your solicitor before the court closes. Ambiguity is not a defence to breach.

Five actions this week

1. Write down every prohibited act and keep a copy of the order where you can check it.
2. Tell anyone who lives with you what you cannot do, so they do not unknowingly create situations that risk breach.
3. If the order restricts where you can go, map the boundaries and avoid them completely, not just when you think someone is watching.
4. Set reminders for reporting requirements or review dates, and attend every appointment on time.
5. Instruct a solicitor to review the terms and advise on any application to vary, or contact a duty solicitor if you cannot afford private representation.

Keep records of your compliance. If you are accused of breach, evidence of where you were and what you did can make the difference between acquittal and conviction.

This article is for general information only and does not constitute legal advice.

#Restraining order #Magistrates court #Conviction

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