New ‘Respect Orders’ and What They Mean for Tameside: A Report on the Crime and Policing Bill

A significant and controversial piece of legislation, the Crime and Policing Bill, is nearing its final stages in the UK Parliament, bringing with it a new tool for tackling anti-social behaviour (ASB) known as the “Respect Order.” The Bill, which has passed through the House of Commons and is now in the House of Lords, has sparked a debate over its potential to blur the lines between civil and criminal law.

For many Tameside residents, this may be the first time they are hearing about the new orders, even as the formal public consultation period has concluded. Here is a full breakdown of what the new law proposes and the arguments for and against it.

What is the new law?

The Crime and Policing Bill is a wide-ranging piece of legislation designed to update and strengthen laws on a variety of issues, including anti-social behaviour, knife crime, and police powers. The Respect Order is a core part of this bill, intended to replace some of the existing civil injunctions used for tackling ASB in adults.

The law itself is not the Respect Order, but rather the legislation that creates and defines the order. Once the bill receives Royal Assent and becomes law, a breach of a Respect Order will become a criminal offense.

How do Respect Orders work?

Respect Orders are a new type of civil behavioural order. The process works in two key stages:

1. Granting the Order: The order is granted in a civil court by a judge or magistrates. An application can be made if the court is satisfied, on the “balance of probabilities” (a lower standard of proof than in a criminal trial), that an individual aged 18 or over has engaged in, or threatens to engage in, anti-social behaviour. The order can contain specific prohibitions (e.g., banning someone from a public park) and positive requirements (e.g., attending anger management courses).
2. Breach of the Order: This is the most significant change. If an individual breaks the conditions of a Respect Order, it becomes a criminal offense. This allows the police to arrest the person, and the case would then be heard in a criminal court. The penalty for breaching a Respect Order is a prison sentence of up to two years.

Who can apply for them, and who can they be used against?

A key feature of the new law is that Respect Orders are a tool for the state, not for private citizens. The power to apply for an order is limited to:

• The Police
• Local councils
• Social housing providers

This means an individual cannot apply for a Respect Order against a neighbour or a debt collector. The orders can only be placed on adults over the age of 18.

Concerns and Controversy: Free Speech vs. the State

The introduction of Respect Orders has not been without controversy. Critics, including civil liberties groups, have raised several major points of concern:

• Criminalising Non-Criminal Acts: The central criticism is that the law provides a pathway to put a person in prison for an act that was not a crime to begin with. An initial act of anti-social behaviour is judged in a civil court with a lower standard of proof, but the subsequent breach of that order is a criminal offense with a custodial sentence.
• A “Pre-Crime” Law: The legislation’s use of the phrase “threatens to engage in” ASB has led to accusations that it is a form of “pre-crime” law. It allows the state to intervene and impose restrictions based on a prediction of future behaviour, rather than just on a past crime.
• The Vague Definition of ASB: Anti-social behaviour is broadly defined as “behaviour which causes or is likely to cause harassment, alarm or distress.” This broad definition has raised fears that it could be applied to a wide range of activities, including protest and online speech. The fear is that a person could be given an order for something said online, and a subsequent post could land them in prison.
• Blending of Civil and Criminal Justice: The new orders intentionally blur the traditional separation between civil and criminal law. Supporters argue this is a necessary reform to tackle persistent behaviour that falls through the cracks, while opponents see it as a dangerous erosion of due process.

What is the Current Status?

As of early August 2025, the Crime and Policing Bill has completed its journey through the House of Commons and is now in the House of Lords. It has had its first reading and will be subject to further debate and potential amendments by peers before it can become law. The formal public consultation period has concluded, meaning the opportunity for the public to submit evidence has now passed.