Respect orders from 26 October: why early legal advice matters
By Peter Bonner & Co · Reviewed by Christopher Carter · 7 October 2026
New Home Office guidance, published on 6 October 2026, explains changes to antisocial behaviour powers taking effect on 26 October 2026. One important development is the introduction of adult respect orders, with criminal consequences for breach. Until the change takes effect, the Home Office says professionals should continue using its July 2025 guidance.[1]
For anyone facing an application, the practical message is to obtain advice about the evidence and proposed conditions before an order is made. Restrictions imposed through civil proceedings can have serious consequences later.
What is a respect order?
A respect order is a civil order for someone aged 18 or over. Applications can be brought by specified authorities, including the police and local councils, in the County Court or High Court. The court must be satisfied, on the balance of probabilities, that the person has engaged in or threatens antisocial behaviour, and that an order is just and convenient to prevent it.[2]
An order can prohibit conduct and require positive steps. The new framework also provides separate youth injunctions for those aged 10–17 and housing injunctions. These should not be treated as interchangeable powers.[1]
Why does a civil application matter to criminal defence?
The criminal consequences arise if an adult breaches a respect order without reasonable excuse. The Act provides a maximum of two years’ imprisonment on conviction in the Crown Court, or a fine, or both. That is a statutory maximum, not an automatic sentence.[2]
There is an important safeguard for an activity requirement: the breach offence does not apply to failure to comply unless a warning relating to that requirement has been given within the preceding 12 months. This safeguard should not be assumed to cover every restriction in an order.[2]
The guidance confirms that an alleged criminal breach must be proved to the criminal standard. The civil application and any later prosecution therefore involve different questions and standards of proof.[3]
What should someone receiving papers do?
Keep the application, supporting evidence and every order or warning. Record when documents arrived and identify any hearing date immediately. A solicitor needs the actual wording, rather than a summary of what an officer or another person has said it means.
Explain the allegations in detail and preserve relevant messages, photographs, recordings or witness details. An accurate timeline may help distinguish disputed events and identify gaps in the evidence. Avoid contacting complainants to discuss the case without advice.
Proposed conditions also deserve careful attention. Give your solicitor information about work, education, caring responsibilities, health and any existing court restrictions. Identify practical difficulties with an exclusion area or required attendance before the hearing, rather than waiting until a problem arises.
If an order is already in place, seek advice promptly about any difficulty complying. A solicitor can consider whether an application to vary or discharge it is appropriate. Do not assume that a disagreement with the order permits you to disregard it.[2]
If arrested or invited to an interview about an alleged breach, obtain advice before answering questions. Bring the order and any warning to your solicitor’s attention. Ask which funding arrangements apply to the particular proceedings.
Peter Bonner & Co can advise on criminal investigations and allegations of breach. Contact the firm promptly so that we can assess the papers, the relevant deadlines and the assistance available.
General information: This article concerns England and Wales and reflects sources checked on 7 October 2026. It provides general information, not legal advice on an individual case. Advice depends on the precise order, evidence and circumstances.
Authoritative sources
Home Office: Antisocial behaviour powers — updated 6 October 2026.
Crime and Policing Act 2026, section 1 — inserted sections A1, G1, H1 and I1.
Home Office: October 2026 statutory guidance — respect orders, pages 52–62.
SI 2026/960: Commencement No. 3 and Saving Provisions Regulations — regulation 4, commencement on 26 October 2026.