# The Criminal Procedure Rules 2025, Rule 31.2: Behaviour orders and bind overs: general rules

Extent: E+W

(1) The court must not make a behaviour order or impose a bind over unless the person to whom it is directed has had an opportunity—
(a) to consider—
(i) what order is proposed and why, and
(ii) the evidence in support; and
(b) to make representations at a hearing (whether or not that person in fact attends).
(2) That restriction does not apply to making—
(a) an interim behaviour order, but unless other legislation otherwise provides such an order has no effect unless the person to whom it is directed—
(i) is present when it is made; or
(ii) is handed a document recording the order not more than 5 business days after it is made; or
(b) a domestic abuse protection order, but in that event the court must give the defendant an opportunity to make representations—
(i) as soon as is just and convenient, and
(ii) at a hearing of which notice has been given to all parties.
(3) Where the court decides not to make, where it could—
(a) a football banning order; or
(b) a parenting order, after a person under 16 is convicted of an offence,
the court must announce, at a hearing in public, the reasons for its decision.
[Note. The Acts listed in the note to rule 31.1 impose requirements specific to each different type of behaviour order. Not all allow the court to make an interim behaviour order. See section 34 of the Domestic Abuse Act 2021 about making a domestic abuse protection order without notice.
Reasons for a decision to make no order are required by section 14A(3) of the Football Spectators Act 1989 (football banning order) and section 366(3) of the Sentencing Act 2020(parenting order).

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Source: https://www.legislation.gov.uk/uksi/2025/909/rule/31.2 (the official version)
Page: https://openlegislation.uk/criminal-procedure-rules-2025/rule-31.2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.