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Preventive orders: CBO: Managing risk of romance fraud

Anonymous (2021) — Probation Journal 68(2), 297–300; romance-fraud subsection 297–298

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DOI: 10.1177/02645505211002319b (opens in a new tab)

Country:   United Kingdom
Tags:   Court Of Appeal, Criminal Behavior Order, Dating Services, Device Restrictions, Online Gambling, Repeat Offending, Romance Scams
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Synopsis

            
This publication surveys appellate and lower-court decisions on preventive orders used to manage risks associated with romance fraud and related offenses. It emphasizes how courts apply and tailor orders such as criminal behavior orders (CBOs), sex- and slavery-related prevention orders (STPOs), and restraining orders to deter fraudulent or exploitative conduct, while balancing rehabilitation and privacy considerations. The discussed cases illustrate how judges assess necessity and proportionality, and how specific prohibitions are argued to support or undermine enforcement and rehabilitation. Key findings include: in a romance-fraud case, the Court of Appeal upheld a CBO with multiple device and contact prohibitions, noting that limiting devices and online accounts can aid monitoring and deter offending, while acknowledging the need for clear supervision arrangements. In another matter, appellate courts replaced certain electronic-communication restrictions with tailored conditions to prevent untraceable device use and to require reporting of addresses and device details. The STPO discussion highlights the principle that prohibitions must be necessary, proportionate, and clear, with adjustments made to remove overly broad restrictions such as general contact prohibitions or wide-ranging travel limits. A separate entry underscores that restraining orders under harassment laws must not function as blanket protections for nonvictims. Across these items, the article demonstrates how courts scrutinize the interplay between preventive aims and the practical realities of modern electronic communication, and it shows careful consideration of supervisory roles and enforceability in implementing preventive orders. The piece centers on the boundaries and enforceability of preventive orders in responding to romance fraud and related offenses.

          

        
                  

            
Identified Gaps

            
The case report provides no empirical evidence on the effectiveness, enforceability, or unintended effects of criminal behavior orders for romance fraud. It also does not examine victims' experiences, reporting, recovery, or the broader prevalence of these offending tactics.

          

        
                  

            
Methods

            
Legal case commentary summarizing the Court of Appeal decision in R v Tofagsazan. It describes the offender's conduct, the original criminal behavior order, the appeal arguments, the court's reasoning on necessity and proportionality, and correction of a procedural defect concerning supervision.

          

        
                  

            
Limitations

            
This is a brief legal case report concerning one offender and one appellate decision. It offers no systematic sample, victim interviews, outcome data, or follow-up on compliance, reoffending, deterrence, or impacts of the order.

          

        
                  

            
Future Work

            
Research could assess whether criminal behavior orders that combine dating-service restrictions, device limits, registration requirements, and supervision reduce repeat romance fraud without imposing disproportionate restrictions.

          

              

    
    

        
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