Prohibited Behaviour Orders, two years on
The Prohibited Behaviour Orders Act 2010 (WA) was introduced as a means of constraining offenders with a history of anti-social behaviour. After sentencing an offender aged 16 years and over, a court may issue a Prohibited Behaviour Order (‘PBO’) where the court is satisfied that an offender, within three years of being convicted of an offence involving anti-social behaviour, has been convicted of another offence involving anti-social behaviour, and the offender is likely to commit more unless otherwise constrained (ss 6, 8). The court may impose a PBO on certain activities and behaviours of an offender that are ‘reasonably necessary’ to reduce the likelihood of the person re-offending, for up to two years (ss 10(2), 12). A breach of a PBO is an offence carrying a penalty of a fine and/or imprisonment (s 35), and in this way the legislation criminalises otherwise lawful behaviour.