Law

Crime and Disorder Act 1998

United Kingdom · statute

Ask the law about thisMore laws of United KingdomFor machines: Markdown

Open at the publisher →

In force since 2026-06-04, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

sha256 dfb80bb2c634f0acb27104984042f18a7035992550e02322ef2565c40d2f5dbc

Contents: 186 provisions
  1. Title and introductory text
  2. 1 Anti-social behaviour orders.
  3. 1A Power of Secretary of State to add to relevant authorities
  4. 1AA Individual support orders
  5. 1AB Individual support orders: explanation, breach, amendment etc
  6. 1B Orders in county court proceedings
  7. 1C Orders on conviction in criminal proceedings
  8. 1CA Variation and discharge of orders under section 1C
  9. 1D Interim orders
  10. 1E Consultation requirements
  11. 1F Contracting out of local authority functions
  12. 1G Intervention orders
  13. 1H Intervention orders: explanation, breach, amendment etc.
  14. 1I Special measures for witnesses
  15. 1J Review of orders under sections 1, 1B and 1C
  16. 1K Responsibility for, and participation in, reviews under section 1J
  17. 2 Sex offender orders.
  18. 2A Interim orders: sex offenders
  19. 2B Sex offender orders made in Scotland or Northern Ireland
  20. 3 Sex offender orders: supplemental.
  21. 4 Appeals against orders.
  22. 5 Authorities responsible for strategies.
  23. 5A Combination agreements: further provision
  24. 6 Formulation and implementation of strategies.
  25. 6A Powers of the Secretary of State and National Assembly for Wales
  26. 7 Supplemental.
  27. 8 Parenting orders.
  28. 9 Parenting orders: supplemental.
  29. 10 Appeals against parenting orders.
  30. 11 Child safety orders.
  31. 12 Child safety orders: supplemental.
  32. 13 Appeals against child safety orders.
  33. 13A Parental compensation orders
  34. 13B Parental compensation orders: the compensation
  35. 13C Parental compensation orders: supplemental
  36. 13D Parental compensation orders: appeal
  37. 13E Effect of parental compensation order on subsequent award of damages in civil proceedings
  38. 14 Local child curfew schemes.
  39. 15 Contravention of curfew notices.
  40. 16 Removal of truants and excluded pupils to designated premises etc.
  41. 17 Duty to consider crime and disorder implications.
  42. 17A Sharing of information
  43. 18 Interpretation etc. of Chapter I.
  44. 19 Anti-social behaviour orders.
  45. 20 Sex offender orders.
  46. 21 Procedural provisions with respect to orders.
  47. 21A Sex offender orders made in England and Wales or Northern Ireland
  48. 22 Offences in connection with breach of orders.
  49. 22A Anti-social behaviour strategies
  50. 23 Anti-social behaviour as ground of eviction.
  51. 24 Noise-making equipment: police power of seizure.
  52. 25 Powers to require removal of masks etc.
  53. 26 Retention and disposal of things seized.
  54. 27 Power of arrest for failure to comply with requirement.
  55. 28 Meaning of “ racially or religiously aggravated”.
  56. 29 Racially or religiously aggravated assaults.
  57. 30 Racially or religiously aggravated criminal damage.
  58. 31 Racially or religiously aggravated public order offences.
  59. 32 Racially or religiously aggravated harassment etc.
  60. 33 Racially-aggravated offences.
  61. 34 Abolition of rebuttable presumption that a child is doli incapax.
  62. 35 Effect of child’s silence at trial.
  63. 36 Abolition of death penalty for treason and piracy.
  64. 37 Aim of the youth justice system.
  65. 38 Local provision of youth justice services.
  66. 39 Youth offending teams.
  67. 39A Detention of child or young person: local authorities to be notified
  68. 40 Youth justice plans.
  69. 41 The Youth Justice Board.
  70. 42 Supplementary provisions.
  71. 43 Time limits.
  72. 44 Additional time limits for persons under 18.
  73. 45 Re-institution of stayed proceedings.
  74. 46 Date of first court appearance in bail cases.
  75. 47 Powers of youth courts.
  76. 48 Youth courts: power of stipendiary magistrates to sit alone.
  77. 49 Powers of magistrates’ courts exercisable by single justice etc.
  78. 50 Early administrative hearings.
  79. 50A Order of consideration for either-way offences
  80. 51 Sending cases to the Crown Court: adults
  81. 51A Sending cases to the Crown Court: children and young persons
  82. 51B Notices in serious or complex fraud cases
  83. 51C Notices in certain cases involving children
  84. 51D Notice of offence and place of trial
  85. 51E Interpretation of sections 50A to 51D
  86. 52 Provisions supplementing section 51 and 51A.
  87. 52A Restrictions on reporting
  88. 52B Offences in connection with reporting
  89. 53 Crown Prosecution Service: powers of non-legal staff.
  90. 54 Bail: increased powers to require security or impose conditions.
  91. 55 Forfeiture of recognizances.
  92. 56 Bail: restrictions in certain cases of homicide or rape.
  93. 57 Use of live television links at preliminary hearings.
  94. 57A Introductory
  95. 57B Use of live link at preliminary hearings where accused is in custody
  96. 57C Use of live link at preliminary hearings where accused is at police station
  97. 57D Continued use of live link for sentencing hearing following a preliminary hearing
  98. 57E Use of live link in sentencing hearings
  99. 57F Use of live link in certain enforcement hearings
  100. 57G Requirement to attend court, perjury
  101. 58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  102. 59 Effect of extended sentences.
  103. 60 Re-release of prisoners serving extended sentences.
  104. 61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  105. 62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  106. 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  107. 64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  108. 65 Reprimands and warnings.
  109. 66 Effect of reprimands and warnings.
  110. 66ZA Youth cautions
  111. 66ZB Effect of youth cautions
  112. 66A Youth conditional cautions
  113. 66B The five requirements
  114. 66BA Duty to consult victims
  115. 66C Financial penalties
  116. 66D Variation of conditions
  117. 66E Failure to comply with conditions
  118. 66F Restriction on sentencing powers where youth conditional caution given
  119. 66G Code of practice on youth conditional cautions
  120. 66H Interpretation
  121. 67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  122. 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  123. 69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  124. 70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  125. 71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  126. 72 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  127. 73 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  128. 74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  129. 75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  130. 76 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  131. 77 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  132. 78 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  133. 79 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  134. 80 Sentencing guidelines.
  135. 81 The Sentencing Advisory Panel.
  136. 82 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  137. 83 Power to make confiscation orders on committal for sentence.
  138. 84 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  139. 85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  140. 86 Extended sentences for sex and violent offenders.
  141. 87 Further provision as to extended sentences.
  142. 88 Re-release of prisoners serving extended sentences.
  143. 89 Drug treatment and testing orders.
  144. 90 Requirements and provisions to be included in drug treatment and testing orders.
  145. 91 Procedural matters relating to drug treatment and testing orders.
  146. 92 Amendment and periodic review of drug treatment and testing orders.
  147. 93 Consequences of breach of drug treatment and testing order.
  148. 94 Combination of orders.
  149. 95 Interpretation provision in relation to drug treatment and testing orders.
  150. 96 Offences racially aggravated.
  151. 97 Remands and committals of children and young persons.
  152. 98 Remands and committals: alternative provision for 15 or 16 year old boys.
  153. 99 Power to release short-term prisoners on licence.
  154. 100 Curfew condition to be included in licence.
  155. 101 Early release: two or more sentences.
  156. 102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  157. 103 Recall to prison of short-term prisoners.
  158. 104 Release on licence following recall to prison.
  159. 105 Release on licence following return to prison.
  160. 106 Pre-consolidation amendments.
  161. 107 Amendments to Chapter I of Part II of 1997 Act.
  162. 108 Repeal of Chapter I of Part III of Crime and Punishment (Scotland) Act 1997.
  163. 109 Transitional provisions in relation to certain life prisoners.
  164. 110 Calculation of period of detention at customs office etc. where person previously detained.
  165. 111 Early release in Scotland: two or more sentences.
  166. 112 Restriction on consecutive sentences for released prisoners: Scotland.
  167. 113 Deputy authorising officer under Part III of Police Act 1997.
  168. 114 Orders and regulations.
  169. 115 Disclosure of information.
  170. 116 Transitory provisions.
  171. 117 General interpretation.
  172. 118 Provision for Northern Ireland.
  173. 119 Minor and consequential amendments.
  174. 120 Transitional provisions, savings and repeals.
  175. 121 Short title, commencement and extent.
  176. SCHEDULE 1 Schedule 2A to the Civic Government (Scotland) Act 1982
  177. SCHEDULE 2 The Youth Justice Board: further provisions
  178. SCHEDULE 3 Procedure where persons are sent for trial under section 51
  179. SCHEDULE 3A Prohibitions and limitations on use of live links
  180. SCHEDULE 4
  181. SCHEDULE 5
  182. SCHEDULE 6 Drug treatment and testing orders: amendment of the 1995 Act
  183. SCHEDULE 7 Pre-consolidation amendments: powers of criminal courts
  184. SCHEDULE 8 Minor and consequential amendments
  185. SCHEDULE 9 Transitional provisions and savings
  186. SCHEDULE 10 Repeals

Proposed changes to this act

No one has proposed a change to this act yet.

186 provisions

Title and introductory text

Crime and Disorder Act 1998 1998 c. 37 An Act to make provision for preventing crime and disorder; to create certain racially-aggravated offences; to abolish the rebuttable presumption that a child is doli incapax and to make provision as to the effect of a child’s failure to give evidence at his trial; to abolish the death penalty for treason and piracy; to make changes to the criminal justice system; to make further provision for dealing with offenders; to make further provision with respect to remands and committals for trial and the release and recall of prisoners; to amend Chapter I of Part II of the Crime (Sentences) Act 1997 and to repeal Chapter I of Part III of the Crime and Punishment (Scotland) Act 1997; to make amendments designed to facilitate, or otherwise desirable in connection with, the consolidation of certain enactments; and for connected purposes. [31st July 1998] Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Propose a change

1 Anti-social behaviour orders.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

1A Power of Secretary of State to add to relevant authorities

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

1AA Individual support orders

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

1AB Individual support orders: explanation, breach, amendment etc

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

1B Orders in county court proceedings

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

1C Orders on conviction in criminal proceedings

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

1CA Variation and discharge of orders under section 1C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

1D Interim orders

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

1E Consultation requirements

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

1F Contracting out of local authority functions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

1G Intervention orders

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

1H Intervention orders: explanation, breach, amendment etc.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

1I Special measures for witnesses

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

1J Review of orders under sections 1, 1B and 1C

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

1K Responsibility for, and participation in, reviews under section 1J

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

2 Sex offender orders.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

2A Interim orders: sex offenders

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

2B Sex offender orders made in Scotland or Northern Ireland

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

3 Sex offender orders: supplemental.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

4 Appeals against orders.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

5 Authorities responsible for strategies.

(1) Subject to the provisions of this section, the functions conferred by or under section 6 below shall be exercisable in relation to each local government area by the responsible authorities, that is to say— (a) the council for the area and, where the area is a district and the council is not a unitary authority, the council for the county which includes the district; and (aa) every provider of probation services operating within the area in pursuance of arrangements under section 3 of the Offender Management Act 2007 which provide for it to be a responsible authority under this section; (b) every chief officer of police any part of whose police area lies within the area. (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) every fire and rescue authority any part of whose area so lies; (e) if the local government area is in England, every integrated care board the whole or any part of whose area so lies; and (f) if the local government area is in Wales, every Local Health Board the whole or any part of whose area so lies. (1A) The relevant local policing body in relation to two or more local government areas in England may make a combination agreement with the responsible authorities in relation to those areas (the “combined area”). (1B) A combination agreement is an agreement for the functions conferred by or under section 6 or by section 7 to be carried out in relation to the combined area as if it constituted only one local government area. (1BA) The responsible authorities in relation to a combined area are all the persons who are the responsible authorities in relation to each local government area that falls within the combined area. (1BB) Section 5A contains further provision about the making and contents of combination agreements. (1C) A combination agreement— (a) may require the councils for the local government areas in question to appoint a joint committee of those councils (the “joint crime and disorder committee”) and to arrange for crime and disorder scrutiny functions in relation to any (or all) of those councils to be exercisable by that committee; (b) may make provision applying any of the relevant provisions, with or without modifications, in relation to a joint crime and disorder committee. (1D) In subsection (1C)— “crime and disorder scrutiny functions”, in relation to a council, means functions that are, or, but for a combination agreement, would be, exercisable by the crime and disorder committee of the council under section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters); “the relevant provisions” means— section 19 of the Police and Justice Act 2006; section 20 of that Act and any regulations made under that section; Schedule 8 to that Act; section 9F, 9FA or 21 of the Local Government Act 2000. (1E) The “relevant local policing body”, in relation to a combined area, is— (a) if the area falls (wholly or partly) within the police area of a police and crime commissioner, the commissioner, (b) if the area falls (wholly or partly) within the metropolitan police district, the Mayor's Office for Policing and Crime, and (c) if the area falls partly within the City of London, the Secretary of State. (1F) If there is more than one relevant local policing body in relation to a combined area by virtue of subsection (1E), the references in subsection (1A) above and section 5A(2) to the relevant local policing body in relation to the combined area are references to each of the relevant local policing bodies for that area acting jointly. (2) In exercising the functions conferred by or under section 6, the responsible authorities shall act in co-operation with the following persons and bodies, namely— (b) every local probation board any part of whose area lies within the area; (ba) every provider of probation services operating within the area in pursuance of arrangements under section 3 of the Offender Management Act 2007 which provide for it to co-operate under this subsection with the responsible authorities; (c) every person or body of a description which is for the time being prescribed by order of the Secretary of State under this subsection ; and (d) where they are acting in relation to an area in Wales, every person or body which is of a description which is for the time being prescribed by an order under this subsection of the National Assembly for Wales; and it shall be the duty of those persons and bodies to co-operate in the exercise by the responsible authorities of the functions conferred by or under section 6. (3) The responsible authorities shall also invite the participation in their exercise of those functions of at least one person or body of each description which is for the time being prescribed by order of the Secretary of State under this subsection and, in the case of the responsible authorities for an area in Wales, of any person or body of a description for the time being prescribed by an order under this subsection of the National Assembly for Wales. (4) In this section and sections 6 and 7 below “local government area” means— (a) in relation to England, each district or London borough, the City of London, the Isle of Wight and the Isles of Scilly; (b) in relation to Wales, each county or county borough. (5) In this section— “fire and rescue authority” means— a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies; a fire and rescue authority created by an order under section 4A of that Act; a metropolitan county fire and civil defence authority; or the London Fire Commissioner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) The appropriate national authority may by order amend this section by— (a) adding an entry for any person or body to the list of authorities in subsection (1), (b) altering or repealing an entry for the time being included in the list, or (c) adding, altering or repealing provisions for the interpretation of entries in the list. (7) In this section the “appropriate national authority”, in relation to a person or body, means— (a) the National Assembly for Wales, if all the functions of the person or body are devolved Welsh functions; (b) the Secretary of State and the Assembly acting jointly, if the functions of the person or body include devolved Welsh functions and other functions; and (c) the Secretary of State, if none of the functions of the person or body are devolved Welsh functions. (8) In subsection (7), “devolved Welsh functions” means functions which are dischargeable only in relation to Wales and relate to matters in relation to which the Assembly has functions.

Propose a change

5A Combination agreements: further provision

(1) A combination agreement for a combined area may be made only if every responsible authority in relation to that area is a party to the agreement. (2) The relevant local policing body for a combined area may enter into a combination agreement for that area only if it considers that it would be in the interests of one or more of the following to do so— (a) reducing crime and disorder; (b) reducing re-offending; (c) combating the misuse of drugs, alcohol and other substances. (d) preventing people from becoming involved in serious violence; (e) reducing instances of serious violence. (3) Subsections (4) to (6) apply if a combined area in relation to a combination agreement includes (wholly or party) the area of more than one police area. (4) The combination agreement must include arrangements for securing effective and efficient co-operation— (a) between each of the relevant local policing bodies in relation to the combined area, and (b) between the responsible authorities for the area and those relevant local policing bodies. (5) The Secretary of State must be a party to the agreement (if not already a party by virtue of being a relevant local policing body in relation to the combined area). (6) The Secretary of State may enter into the agreement only if the Secretary of State— (a) considers that it would be in the interests of one or more of the matters mentioned in subsection (2), and (b) is satisfied that the arrangements mentioned in subsection (4) are adequate for the purposes of securing effective and efficient co-operation in the carrying out of functions under section 6. (7) A combination agreement— (a) must be in writing, and (b) may be varied by a further combination agreement. (8) A combination agreement may be terminated by agreement in writing between the parties to it; and subsection (2), and (as the case may be) (6)(a), applies to an agreement under this subsection. (9) In this section “combination agreement”, “combined area” and “relevant local policing body” have the same meanings as in section 5. (10) References in this section to serious violence and to becoming involved in serious violence are to be construed in accordance with section 18.

Propose a change

6 Formulation and implementation of strategies.

(1) The responsible authorities for a local government area shall, in accordance with section 5 , with subsection (1A), and with regulations made under subsection (2), formulate and implement— (a) a strategy for the reduction of crime and disorder in the area (including anti-social and other behaviour adversely affecting the local environment); and (b) a strategy for combatting the misuse of drugs, alcohol and other substances in the area ; and (c) a strategy for the reduction of re-offending in the area. ; and (d) a strategy for— (i) preventing people from becoming involved in serious violence in the area, and (ii) reducing instances of serious violence in the area. (1A) In exercising functions under subsection (1), apart from devolved Welsh functions (as defined by section 5(8)), each of the responsible authorities for a local government area must have regard to the police and crime objectives set out in the police and crime plan for the police area which comprises or includes that local government area. (2) The appropriate national authority may by regulations make further provision as to the formulation and implementation of a strategy under this section. (3) Regulations under subsection (2) may in particular make provision for or in connection with— (a) the time by which a strategy must be prepared and the period to which it is to relate; (b) the procedure to be followed by the responsible authorities in preparing and implementing a strategy (including requirements as to the holding of public meetings and other consultation); (c) the conferring of functions on any one or more of the responsible authorities in relation to the formulation and implementation of a strategy; (ca) the conferring of functions on a police and crime commissioner for a police area in England in relation to the formulation and implementation of a strategy for any local government area that lies in that police area; (d) matters to which regard must be had in formulating and implementing a strategy; (e) objectives to be addressed in a strategy and performance targets in respect of those objectives; (f) the sharing of information between responsible authorities; (g) the publication and dissemination of a strategy; (h) the preparation of reports on the implementation of a strategy. (4) The provision which may be made under subsection (2) includes provision for or in connection with the conferring of functions on a committee of, or a particular member or officer of, any of the responsible authorities. (4A) Provision under subsection (3)(ca) may include provision— (a) for a police and crime commissioner to arrange for meetings to be held for the purpose of assisting in the formulation and implementation of any strategy (or strategies) that the commissioner may specify that relate to any part of the police area of the commissioner, (b) for the commissioner to chair the meetings, and (c) for such descriptions and numbers of persons to attend the meetings as the commissioner may specify (including, in particular, representatives of the responsible authorities in relation to the strategies to be discussed at the meetings). (5) The matters referred to in subsection (3)(d) may in particular include guidance given by the appropriate national authority in connection with the formulation or implementation of a strategy. (6) Provision under subsection (3)(e) may require a strategy to be formulated so as to address (in particular)— (a) the reduction of crime or disorder of a particular description; ... (b) the combatting of a particular description of misuse of drugs, alcohol or other substances. (c) the prevention of people becoming involved in serious violence of a particular description; or (d) the reduction of instances of serious violence of a particular description. (7) Regulations under this section may make— (a) different provision for different local government areas; (b) supplementary or incidental provision. (8) For the purposes of this section any reference to the implementation of a strategy includes— (a) keeping it under review for the purposes of monitoring its effectiveness; and (b) making any changes to it that appear necessary or expedient. (9) In this section the “appropriate national authority” is— (a) the Secretary of State, in relation to strategies for areas in England and strategies for preventing people from becoming involved in and reducing instances of serious violence in areas in Wales; (b) the National Assembly for Wales, in relation to strategies for combatting the misuse of drugs, alcohol or other substances in areas in Wales; (c) the Secretary of State and the Assembly acting jointly, in relation to strategies for combatting crime and disorder or re-offending in areas in Wales. (10) The Secretary of State must consult the Welsh Ministers before making regulations under this section if and to extent that the regulations— (a) relate to a strategy within subsection (1)(d), and (b) make provision that applies in relation to a devolved Welsh authority within the meaning of the Government of Wales Act 2006 (see section 157A of that Act). (11) References in this section to serious violence and to becoming involved in serious violence are to be construed in accordance with section 18.

Propose a change

6A Powers of the Secretary of State and National Assembly for Wales

(1) The Secretary of State may, by order, require— (a) the responsible authorities for local government areas to formulate any section 6 strategy of theirs for the reduction of crime and disorder so as to include, in particular, provision for the reduction of— (i) crime of a description specified in the order; or (ii) disorder of a description so specified. (b) the responsible authorities for local government areas in England to prepare any section 6 strategy of theirs for combatting the misuse of drugs so as to include in it a strategy for combatting, in the area in question, such other forms of substance misuse as may be specified or described in the order. (2) After formulating any section 6 strategy (whether in a case in which there has been an order under subsection or in any other case), the responsible authorities for a local government area shall send both— (a) a copy of the strategy, and (b) a copy of the document which they propose to publish under section 6(5), to the Secretary of State. (3) It shall be the duty of the responsible authorities, when preparing any document to be published under section 6(5), to have regard to any guidance issued by the Secretary of State as to the form and content of the documents to be so published. (4) If the responsible authorities for a local government area propose to make any changes to a section 6 strategy of theirs, they shall send copies of the proposed changes to the Secretary of State. (5) In subsections (2) to (4)— (a) references to the Secretary of State, in relation to responsible authorities for local government areas in Wales shall have effect as references to the Secretary of State and the National Assembly for Wales; and (b) accordingly, guidance issued for the purposes of subsection (3) in relation to local government areas in Wales must be issued by the Secretary of State and that Assembly acting jointly. (6) In this section— “responsible authorities” and “local government area” have same meanings as in sections 5 and 6; “section 6 strategy” means a strategy required to be formulated under section 6(1); and “substance misuse” has the same meaning as in section 6.

Propose a change

7 Supplemental.

(1) The responsible authorities for a local government area shall, whenever so required by the relevant local policing body for that area, submit to that body a report on such matters connected with the exercise of their functions under section 6 above , apart from devolved Welsh functions (as defined by section 5(8)), as may be specified in the requirement. (1A) The relevant local policing body in relation to a local government area may require a report under subsection (1) only if— (a) the body is not satisfied that the responsible authorities for the area are carrying out their functions under section 6 in an effective and efficient manner, and (b) the body considers it reasonable and proportionate in all the circumstances to require a report. (2) A requirement under subsection (1) above may specify the form in which a report is to be given. (3) The relevant local policing body may arrange, or require the responsible authorities to arrange, for a report under subsection (1) above to be published in such manner as appears to the body to be appropriate. (4) Relevant local policing body”, in relation to a local government area, means— (a) if the area (or any part of it) falls within the police area of a police and crime commissioner, the commissioner, (b) if the area (or any part of it) falls within the metropolitan police district, the Mayor's Office for Policing and Crime, and (c) if the area (or any part of it) is the City of London, the Secretary of State. (5) If there is more than one relevant local policing body in relation to a combined area that is to be treated as one local government area under a combination agreement (see section 5(1A))— (a) a report submitted under subsection (1) is to be submitted to each of the relevant local policing bodies for the combined area, and (b) references in this section to any requirement or arrangement made by the relevant local policing body are references to a requirement or arrangement made by each of the relevant local policing bodies for the combined area acting jointly.

Propose a change

8 Parenting orders.

(1) This section applies where, in any court proceedings— (a) a child safety order is made in respect of a child or the court determines on an application under section 12(6) below that a child has failed to comply with any requirement included in such an order; (aa) a parental compensation order is made in relation to a child's behaviour; or (b) an injunction is granted under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014 or a criminal behaviour order or sexual harm prevention order is made in respect of a child or young person; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) Subject to subsection (3) and section 9(1) below . . . , if in the proceedings the court is satisfied that the relevant condition is fulfilled, it may make a parenting order in respect of a person who is a parent or guardian of the child or young person ...(“the parent”). (3) A court shall not make a parenting order unless it has been notified by the Secretary of State that arrangements for implementing such orders are available in the area in which it appears to the court that the parent resides or will reside and the notice has not been withdrawn. (4) A parenting order is an order which requires the parent— (a) to comply, for a period not exceeding twelve months, with such requirements as are specified in the order, and (b) subject to subsection (5) below, to attend, for a concurrent period not exceeding three months, such counselling or guidance programme as may be specified in directions given by the responsible officer. (5) A parenting order may, but need not, include such a requirement as is mentioned in subsection (4)(b) above in any case where a parenting order under this section or any other enactment has been made in respect of the parent on a previous occasion. (6) The relevant condition is that the parenting order would be desirable in the interests of preventing— (a) in a case falling within paragraph (a) , (aa) or (b) of subsection (1) above, any repetition of the kind of behaviour which led to the order being made or the injunction granted (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) The requirements that may be specified under subsection (4)(a) above are those which the court considers desirable in the interests of preventing any such repetition.... (7A) A counselling or guidance programme which a parent is required to attend by virtue of subsection (4)(b) above may be or include a residential course but only if the court is satisfied— (a) that the attendance of the parent at a residential course is likely to be more effective than his attendance at a non-residential course in preventing any such repetition or, as the case may be, the commission of any such further offence, and (b) that any interference with family life which is likely to result from the attendance of the parent at a residential course is proportionate in all the circumstances. (8) In this section and section 9 below “responsible officer”, in relation to a parenting order, means one of the following who is specified in the order, namely— (a) an officer of a local probation boardor an officer of a provider of probation services; (b) a social worker of a local authority . . . ; and (bb) a person nominated by a person appointed as director of children’s services under section 18 of the Children Act 2004 or by a person appointed as chief education officer under section 532 of the Education Act 1996 (c) a member of a youth offending team. (9) In this section— “criminal behaviour order” has the meaning given by section 330 of the Sentencing Code; “sexual harm prevention order” means an order under section 103A of the Sexual Offences Act 2003 or Chapter 2 of Part 11 of the Sentencing Code.

Propose a change

9 Parenting orders: supplemental.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1B) If an injunction under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014 is granted or a criminal behaviour order is made in respect of a person under the age of 16 the court which grants the injunction or makes the order— (a) must make a parenting order if it is satisfied that the relevant condition is fulfilled; (b) if it is not so satisfied, must state in open court that it is not and why it is not. (2) Before making a parenting order— (a) in a case falling within paragraph (a) of subsection (1) of section 8 above; (b) in a case falling within paragraph (b)... of that subsection, where the person concerned is under the age of 16; or (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a court shall obtain and consider information about the person’s family circumstances and the likely effect of the order on those circumstances. (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) Before making a parenting order, a court shall explain to the parent in ordinary language— (a) the effect of the order and of the requirements proposed to be included in it; (b) the consequences which may follow (under subsection (7) below) if he fails to comply with any of those requirements; and (c) that the court has power (under subsection (5) below) to review the order on the application either of the parent or of the responsible officer. (4) Requirements specified in, and directions given under, a parenting order shall, as far as practicable, be such as to avoid— (a) any conflict with the parent’s religious beliefs; and (b) any interference with the times, if any, at which he normally works or attends an educational establishment. (5) If while a parenting order is in force it appears to the court which made it, on the application of the responsible officer or the parent, that it is appropriate to make an order under this subsection, the court may make an order discharging the parenting order or varying it— (a) by cancelling any provision included in it; or (b) by inserting in it (either in addition to or in substitution for any of its provisions) any provision that could have been included in the order if the court had then had power to make it and were exercising the power. (5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) Where an application under subsection (5) above for the discharge of a parenting order is dismissed, no further application for its discharge shall be made under that subsection by any person except with the consent of the court which made the order. (7) If while a parenting order is in force the parent without reasonable excuse fails to comply with any requirement included in the order, or specified in directions given by the responsible officer, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. (7ZA) In this section “criminal behaviour order” has the meaning given by section 330 of the Sentencing Code. (7A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

10 Appeals against parenting orders.

(1) An appeal shall lie— (a) to the county court against the making of a parenting order by virtue of paragraph (a) of subsection (1) of section 8 above; and (b) to the Crown Court against the making of a parenting order by virtue of paragraph (b) of that subsection. (2) On an appeal under subsection (1) above the county court or the Crown Court— (a) may make such orders as may be necessary to give effect to its determination of the appeal; and (b) may also make such incidental or consequential orders as appear to it to be just. (3) Any order of the county court or the Crown Court made on an appeal under subsection (1) above (other than one directing that an application be re-heard by a magistrates’ court) shall, for the purposes of subsections (5) to (7) of section 9 above, be treated as if it were an order of the court from which the appeal was brought and not an order of the county court or the Crown Court. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) The Lord Chancellor may , with the concurrence of the Lord Chief Justice, by order make provision as to the circumstances in which appeals under subsection (1)(a) above may be made against decisions taken by courts on questions arising in connection with the transfer, or proposed transfer, of proceedings by virtue of any order under paragraph 2 of Schedule 11 (jurisdiction) to the Children Act 1989 (“the 1989 Act”). (7) Except to the extent provided for in any order made under subsection (6) above, no appeal may be made against any decision of a kind mentioned in that subsection. (8) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

Propose a change

11 Child safety orders.

(1) Subject to subsection (2) below, if the family court , on the application of a local authority, is satisfied that one or more of the conditions specified in subsection (3) below are fulfilled with respect to a child under the age of 10, it may make an order (a “child safety order”) which— (a) places the child, for a period (not exceeding the permitted maximum) specified in the order, under the supervision of the responsible officer; and (b) requires the child to comply with such requirements as are so specified. (2) A court shall not make a child safety order unless it has been notified by the Secretary of State that arrangements for implementing such orders are available in the area in which it appears that the child resides or will reside and the notice has not been withdrawn. (3) The conditions are— (a) that the child has committed an act which, if he had been aged 10 or over, would have constituted an offence; (b) that a child safety order is necessary for the purpose of preventing the commission by the child of such an act as is mentioned in paragraph (a) above; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) that the child has acted in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as himself. (4) The maximum period permitted for the purposes of subsection (1)(a) above is twelve months. (5) The requirements that may be specified under subsection (1)(b) above are those which the court considers desirable in the interests of— (a) securing that the child receives appropriate care, protection and support and is subject to proper control; or (b) preventing any repetition of the kind of behaviour which led to the child safety order being made. (6) Proceedings under this section or section 12 below shall be family proceedings for the purposes of the 1989 Act ...; and the standard of proof applicable to such proceedings shall be that applicable to civil proceedings. (7) In this section “local authority” has the same meaning as in the 1989 Act. (8) In this section and section 12 below, “responsible officer”, in relation to a child safety order, means one of the following who is specified in the order, namely— (a) a social worker of a local authority . . . ; and (b) a member of a youth offending team.

Propose a change

12 Child safety orders: supplemental.

(1) Before making a child safety order, the family court shall obtain and consider information about the child’s family circumstances and the likely effect of the order on those circumstances. (2) Before making a child safety order, the family court shall explain to the parent or guardian of the child in ordinary language— (a) the effect of the order and of the requirements proposed to be included in it; (b) the consequences which may follow (under subsection (6) below) if the child fails to comply with any of those requirements; and (c) that the court has power (under subsection (4) below) to review the order on the application either of the parent or guardian or of the responsible officer. (3) Requirements included in a child safety order shall, as far as practicable, be such as to avoid— (a) any conflict with the parent’s religious beliefs; and (b) any interference with the times, if any, at which the child normally attends school. (4) If while a child safety order is in force in respect of a child it appears to the court which made it, on the application of the responsible officer or a parent or guardian of the child, that it is appropriate to make an order under this subsection, the court may make an order discharging the child safety order or varying it— (a) by cancelling any provision included in it; or (b) by inserting in it (either in addition to or in substitution for any of its provisions) any provision that could have been included in the order if the court had then had power to make it and were exercising the power. (5) Where an application under subsection (4) above for the discharge of a child safety order is dismissed, no further application for its discharge shall be made under that subsection by any person except with the consent of the court which made the order. (6) Where a child safety order is in force and it is proved to the satisfaction of the court which made it ..., on the application of the responsible officer, that the child has failed to comply with any requirement included in the order, the court— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) may make an order varying the order— (i) by cancelling any provision included in it; or (ii) by inserting in it (either in addition to or in substitution for any of its provisions) any provision that could have been included in the order if the court had then had power to make it and were exercising the power. (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

13 Appeals against child safety orders.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

13A Parental compensation orders

(1) A magistrates' court may make an order under this section (a “parental compensation order”) if on the application of a local authority it is satisfied, on the civil standard of proof— (a) that the condition mentioned in subsection (2) below is fulfilled with respect to a child under the age of 10; and (b) that it would be desirable to make the order in the interests of preventing a repetition of the behaviour in question. (2) The condition is that the child has taken, or caused loss of or damage to, property in the course of— (a) committing an act which, if he had been aged 10 or over, would have constituted an offence; or (b) acting in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as himself. (3) A parental compensation order is an order which requires any person specified in the order who is a parent or guardian of the child (other than a local authority) to pay compensation of an amount specified in the order to any person or persons specified in the order who is, or are, affected by the taking of the property or its loss or damage. (4) The amount of compensation specified may not exceed £5,000 in all. (5) The Secretary of State may by order amend subsection (4) above so as to substitute a different amount. (6) For the purposes of collection and enforcement, a parental compensation order is to be treated as if it were a sum adjudged to be paid on the conviction by the magistrates' court which made the order of the person or persons specified in the order as liable to pay the compensation. (7) In this section and sections 13B and 13C below, “local authority” has the same meaning as in the 1989 Act.

Propose a change

13B Parental compensation orders: the compensation

(1) When specifying the amount of compensation for the purposes of section 13A(3) above, the magistrates' court shall take into account— (a) the value of the property taken or damaged, or whose loss was caused, by the child; (b) any further loss which flowed from the taking of or damage to the property, or from its loss; (c) whether the child, or any parent or guardian of his, has already paid any compensation for the property (and if so, how much); (d) whether the child, or any parent or guardian of his, has already made any reparation (and if so, what it consisted of); (e) the means of those to be specified in the order as liable to pay the compensation, so far as the court can ascertain them; (f) whether there was any lack of care on the part of the person affected by the taking of the property or its loss or damage which made it easier for the child to take or damage the property or to cause its loss. (2) If property taken is recovered before compensation is ordered to be paid in respect of it— (a) the court shall not order any such compensation to be payable in respect of it if it is not damaged; (b) if it is damaged, the damage shall be treated for the purposes of making a parental compensation order as having been caused by the child, regardless of how it was caused and who caused it. (3) The court shall specify in the order how and by when the compensation is to be paid (for example, it may specify that the compensation is to be paid by instalments, and specify the date by which each instalment must be paid). (4) For the purpose of ascertaining the means of the parent or guardian, the court may, before specifying the amount of compensation, order him to provide the court, within such period as it may specify in the order, such a statement of his assets and other financial circumstances as the court may require. (5) A person who without reasonable excuse fails to comply with an order under subsection (4) above is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale. (6) If, in providing a statement ... pursuant to an order under subsection (4) above, a person— (a) makes a statement which he knows to be false in a material particular; (b) recklessly provides a statement which is false in a material particular; or (c) knowingly fails to disclose any material fact, he is liable on summary conviction to a fine not exceeding level 4 on the standard scale. (7) Proceedings in respect of an offence under subsection (6) above may, despite anything in section 127(1) of the Magistrates' Courts Act 1980 (“the 1980 Act”) (limitation of time), be commenced at any time within two years from the date of the commission of the offence or within six months of its first discovery by the local authority, whichever period expires earlier.

Propose a change

13C Parental compensation orders: supplemental

(1) Before deciding whether or not to make a parental compensation order in favour of any person, the magistrates' court shall take into account the views of that person about whether a parental compensation order should be made in his favour. (2) Before making a parental compensation order, the magistrates' court shall obtain and consider information about the child's family circumstances and the likely effect of the order on those circumstances. (3) Before making a parental compensation order, a magistrates' court shall explain to the parent or guardian of the child in ordinary language— (a) the effect of the order and of the requirements proposed to be included in it; (b) the consequences which may follow (under subsection (4)(b) below) as a result of failure to comply with any of those requirements; (c) that the court has power (under subsection (4)(a) below) to review the order on the application either of the parent or guardian or of the local authority. (4) A magistrates' court which has made a parental compensation order may make an order under subsection (5) below if while the order is in force— (a) it appears to the court, on the application of the local authority, or the parent or guardian subject to the order, that it is appropriate to make an order under subsection (5); or (b) it is proved to the satisfaction of the court, on the application of the local authority, that the parent or guardian subject to it has failed to comply with any requirement included in the order. (5) An order under this subsection is an order discharging the parental compensation order or varying it— (a) by cancelling any provision included in it; or (b) by inserting in it (either in addition to or in substitution for any of its provisions) any provision that could have been included in the order if the court had then had power to make it and were exercising the power. (6) Where an application under subsection (4) above for the discharge of a parental compensation order is dismissed, no further application for its discharge shall be made under that subsection by any person except with the consent of the court which made the order. (7) References in this section to the magistrates' court which made a parental compensation order include any magistrates' court acting in the same local justice area as that court.

Propose a change

13D Parental compensation orders: appeal

(1) If a magistrates' court makes a parental compensation order, the parent or guardian may appeal against the making of the order, or against the amount of compensation specified in the order. (2) The appeal lies to the Crown Court. (3) On the appeal the Crown Court— (a) may make such orders as may be necessary to give effect to its determination of the appeal; (b) may also make such incidental or consequential orders as appear to it to be just. (4) Any order of the Crown Court made on an appeal under this section (other than one directing that an application be re-heard by a magistrates' court) shall, for the purposes of section 13C above, be treated as if it were an order of the magistrates' court from which the appeal was brought and not an order of the Crown Court. (5) A person in whose favour a parental compensation order is made shall not be entitled to receive any compensation under it until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal on which the order could be varied or set aside.

Propose a change

13E Effect of parental compensation order on subsequent award of damages in civil proceedings

(1) This section has effect where— (a) a parental compensation order has been made in favour of any person in respect of any taking or loss of property or damage to it; and (b) a claim by him in civil proceedings for damages in respect of the taking, loss or damage is then to be determined. (2) The damages in the civil proceedings shall be assessed without regard to the parental compensation order, but the claimant may recover only an amount equal to the aggregate of the following— (a) any amount by which they exceed the compensation; and (b) a sum equal to any portion of the compensation which he fails to recover. (3) The claimant may not enforce the judgment, so far as it relates to such a sum as is mentioned in subsection (2)(b) above, without the permission of the court.

Propose a change

14 Local child curfew schemes.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

15 Contravention of curfew notices.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

16 Removal of truants and excluded pupils to designated premises etc.

(1) This section applies where a local authority— (a) designates premises in a police area (“designated premises”) as premises to which children and young persons of compulsory school age may be removed under this section; and (b) notifies the chief officer of police for that area of the designation. (2) A police officer of or above the rank of superintendent may direct that the powers conferred on a constable by subsections (3) and (3ZA) below— (a) shall be exercisable as respects any area falling within the police area and specified in the direction; and (b) shall be so exercisable during a period so specified; and references in each of those subsections to a specified area and a specified period shall be construed accordingly. (3) If a constable has reasonable cause to believe that a child or young person found by him in a public place in a specified area during a specified period— (a) is of compulsory school age; and (b) is absent from a school without lawful authority, the constable may remove the child or young person to designated premises, or to the school from which he is so absent. (3ZA) If a constable has reasonable cause to believe that a child or young person found by him in a public place in a specified area during a specified period and during school hours— (a) is of compulsory school age, (b) has been excluded on disciplinary grounds from a relevant school for a fixed period or permanently, (c) remains excluded from that school, (d) has not subsequently been admitted as a pupil to any other school, and (e) has no reasonable justification for being in the public place, the constable may remove the child or young person to designated premises. (3A) Subsection (2) shall have effect in relation to The British Transport Police Force; and for that purpose the reference to any area falling within the police area shall be treated as a reference to any area in a place specified in section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003. (3B) In subsection (3ZA), “school hours” means any time during a school session of the school referred to in paragraph (b) of that subsection or during a break between sessions of that school on the same day. (4) A child’s or young person’s absence from a school shall be taken to be without lawful authority unless the child or young person is prevented from attending by sickness or other unavoidable cause or the absence falls within subsection (3) (leave or day set apart for religious observance) of section 444 of the Education Act 1996. (5) In this section— “British Transport Police” means the force of constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix); “local authority” means— in relation to England, a county council, a district council whose district does not form part of an area that has a county council, a London borough council or the Common Council of the City of London; in relation to Wales, a county council or a county borough council; . . . “public place” has the same meaning as in Part 2 of the Public Order Act 1986; “relevant school” has the meaning given by section 111 of the Education and Inspections Act 2006; “school” has the same meaning as in the Education Act 1996.

Propose a change

← Find another law