Both are backed up by criminal sanctions if breached. It is expected that the orders will be used mainly against adults, although they could also be applied for against, for example, family members aged 10 and upwards who were participating with adults in the anti-social behaviour. Applications are to the magistrates court acting in its civil capacity. There is a defence to an application that the behaviour was reasonable in the circumstances.
Provision is made for the use of professional witnesses.
The minimum duration for an order is two years. The orders are preventative in nature and intended to be used to put an end to persistent and serious anti-social behaviour which can make life a misery for a community. The prohibitions in the order must be such as are necessary to protect people from further anti-social acts by the defendant in the locality. It is intended that the order will be targeted at criminal or sub criminal behaviour, not minor disputes between neighbours, or matters which can be dealt with effectively under existing legislation. Breach of an order without reasonable excuse is a criminal offence triable either way with a maximum penalty on indictment of five years in prison.