# Crime and Policing Act 2026, Paragraph 5: CCE prevention orders in criminal proceedings: procedural powers

Extent: S
Status: prospective

(1) This paragraph applies in the circumstances mentioned in sub-paragraph (1)(b), (c), (d) or (e) of paragraph 1.
(2) The court may make a CCE prevention order—
(a) at its own instance, or
(b) on the motion of the Lord Advocate, Crown Counsel or procurator fiscal (or any person duly authorised to represent or act for them).
(3) For the purpose of deciding whether to make a CCE prevention order, the court may consider evidence led by the prosecution and evidence led by the adult.
(4) It does not matter whether the evidence would have been admissible in the proceedings giving rise to the circumstances referred to in sub-paragraph (1).
(5) The court may adjourn any proceedings relating to the making of a CCE prevention order.
(6) If the adult does not appear for any adjourned proceedings, the court may—
(a) further adjourn the proceedings,
(b) issue a warrant for the adult’s arrest, or
(c) hear the proceedings in the adult’s absence.
(7) The court may act under sub-paragraph (6)(b) only if satisfied that the adult has had adequate notice of the time and place of the adjourned proceedings.
(8) The court may act under sub-paragraph (6)(c) only if satisfied that the adult—
(a) has had adequate notice of the time and place of the adjourned proceedings, and
(b) has been informed that if the adult does not appear for those proceedings, the court may hear the proceedings in the adult’s absence.
(9) Nothing in this paragraph limits any other powers of the court.

---
Source: https://www.legislation.gov.uk/ukpga/2026/20/schedule/7/paragraph/5 (the official version)
Page: https://openlegislation.uk/crime-and-policing-act-2026/schedule-7/paragraph-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.