Legalize / United Kingdom / Public General Act

Crime and Disorder Act 1998

Type Public General Act

Publication 1998-07-31

Last updated 2026-03-26

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Part I — Prevention of crime and disorder

Chapter I — England and Wales

Crime and disorder: general

Powers to require removal of masks etc.

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Sex offender orders

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Sex offender orders: supplemental

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Appeals against orders

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Crime and disorder strategies

Authorities responsible for strategies

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(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.

(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

(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. . . .

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(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

(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

(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.

Formulation and implementation of strategies

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(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

; 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.

(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.

Supplemental

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(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

(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.

Youth crime and disorder

Parenting orders

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(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;

(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

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(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

(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.

Parenting orders: supplemental

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(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

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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals against parenting orders

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(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.

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(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.

Child safety orders

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(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;

(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.

Child safety orders: supplemental

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(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals against child safety orders

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Local child curfew schemes

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Contravention of curfew notices

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Removal of truants to designated premises etc

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(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,

(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.

Miscellaneous and supplemental

Duty to consider crime and disorder implications

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(1) Without prejudice to any other obligation imposed on it, it shall be the duty of each authority to which this section applies to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent,

(a) crime and disorder in its area (including anti-social and other behaviour adversely affecting the local environment); and

(b) the misuse of drugs, alcohol and other substances in its area; and

(d) serious violence in its area.

(1A) The duty imposed on an authority by subsection (1) to do all it reasonably can to prevent serious violence in its area is a duty on the authority to do all it reasonably can to—

(a) prevent people from becoming involved in serious violence in its area, and

(b) reduce instances of serious violence in its area.

(2) This section applies to each of the following—

a local authority;

a joint authority;

a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021 (asc 1);

a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

the London Fire Commissioner;

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 authority;

a local policing body;

a National Park authority;

the Broads Authority;

the Greater London Authority;

Transport for London.

(3) In this section—

“local authority” means a local authority within the meaning given by section 270(1) of the Local Government Act 1972 or the Common Council of the City of London;

“joint authority” has the same meaning as in the Local Government Act 1985;

“National Park authority” means an authority established under section 63 of the Environment Act 1995.

(4) 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 (2),

(b) altering or repealing any entry for the time being included in the list, or

(5) In subsection (4) “the appropriate national authority” has the same meaning as in section 5.

(6) References in this section to serious violence and to becoming involved in serious violence are to be construed in accordance with section 18.

Interpretation etc. of Chapter I

18

(1) In this Chapter—

“chief officer of police” has the meaning given by section 101(1) of the Police Act 1996;

“child safety order” has the meaning given by section 11(1) above;

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

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

“local policing body” has the meaning given by section 101(1) of the Police Act 1996;

“parental compensation order” has the meaning given by section 13A(1) above;

“parenting order” has the meaning given by section 8(4) above;

“police area” has the meaning given by section 1(2) of the Police Act 1996;

“responsible officer”—...in relation to a parenting order, has the meaning given by section 8(8) above;in relation to a child safety order, has the meaning given by section 11(8) above;

“violence”—includes, in particular—domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act),sexual offences,violence against property, andthreats of violence;does not include terrorism (within the meaning of the Terrorism Act 2000 (see section 1(1) to (4) of that Act)).

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

(1A) In the definition of “violence” in subsection (1) “sexual offence” means an offence under the law of England and Wales which is for the time being specified in Schedule 3 to the Sexual Offences Act 2003, other than the offence specified in paragraph 14 of that Schedule (fraudulent evasion of excise duty).

(1B) In determining for the purposes of subsection (1A) whether an offence is specified in Schedule 3 to the Sexual Offences Act 2003, any limitation in that Schedule referring to the circumstances of a particular case (including the sentence imposed) is to be disregarded.

(1C) References in this Chapter to becoming involved in serious violence include becoming a victim of serious violence.

(1D) In considering whether violence in an area amounts to serious violence for the purposes of this Chapter account must be taken in particular of the following factors—

(a) the maximum penalty which could be imposed for the offence (if any) involved in the violence,

(b) the impact of the violence on any victim,

(d) the impact of the violence on the community in the area.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where directions under a parenting order are to be given by an officer of a local probation board, the officer of a local probation board shall be an officer appointed for or assigned to the local justice area within which it appears to the court that the child or, as the case may be, the parent resides or will reside.

(3A) Where directions under a parenting order are to be given by an officer of a provider of probation services, the officer of a provider of probation services shall be an officer acting in the local justice area within which it appears to the court that the child or, as the case may be, the parent resides or will reside.

(4) Where the supervision under a child safety order is to be provided, or directions under ... a parenting order are to be given, by—

(a) a social worker of a local authority . . . ; or

(b) a member of a youth offending team,

the social worker or member shall be a social worker of, or a member of a youth offending team established by, the local authority within whose area it appears to the court that the child or, as the case may be, the parent , resides or will reside.

(5) For the purposes of this Chapter the Inner Temple and the Middle Temple form part of the City of London.

Chapter II — Scotland

19

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

Sex offender orders

20

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

Procedural provisions with respect to orders

21

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

Offences in connection with breach of orders

22

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

23

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) For Ground 15 in Schedule 5 to the Housing (Scotland) Act 1988 (eviction on ground of use of premises for immoral or illegal purposes etc.) there shall be substituted the following—

The tenant, a person residing or lodging in the house with the tenant or a person visiting the house has— (a) been convicted of— (i) using or allowing the house to be used for immoral or illegal purposes; or (ii) an offence punishable by imprisonment committed in, or in the locality of, the house; or (b) acted in an anti-social manner in relation to a person residing, visiting or otherwise engaging in lawful activity in the locality; or (c) pursued a course of anti-social conduct in relation to such a person as is mentioned in head (b) above. In this Ground “anti-social”, in relation to an action or course of conduct, means causing or likely to cause alarm, distress, nuisance or annoyance, “conduct” includes speech and a course of conduct must involve conduct on at least two occasions and “tenant” includes any one of joint tenants.

(5) No person shall be liable to eviction under paragraph 2 or 7 of Schedule 3 to the Housing (Scotland) Act 1987 or Ground 15 in Schedule 5 to the Housing (Scotland) Act 1988 as substituted respectively by subsection (2), (3) and (4) above in respect of any act or conduct before the commencement of this section unless he would have been liable to be evicted under those paragraphs or, as the case may be, that Ground as they had effect before that substitution.

Noise-making equipment: police power of seizure

24

(1) The Civic Government (Scotland) Act 1982 shall be amended in accordance with this section.

(2) In section 54 (offence of playing instruments, etc.), after subsection (2) there shall be inserted the following subsections—

(2A) Where a constable reasonably suspects that an offence under subsection (1) above has been committed in relation to a musical instrument or in relation to such a device as is mentioned in paragraph (c) of that subsection, he may enter any premises on which he reasonably suspects that instrument or device to be and seize any such instrument or device he finds there. (2B) A constable may use reasonable force in the exercise of the power conferred by subsection (2A) above. (2C) Schedule 2A to this Act (which makes provision in relation to the retention and disposal of property seized under subsection (2A) above) shall have effect.

(3) In section 60 (powers of search and seizure)—

(a) in subsection (5)—

(i) after the words “Nothing in” there shall be inserted the words “ section 54(2A) of this Act or ”; and

(ii) for the words from “which” to the end there shall be substituted the words “ which is otherwise exercisable by a constable ”; and

(b) in subsection (6)—

(i) in paragraph (a), for the words from “in pursuance” to the word “vessel” there shall be substituted the words—

to enter and search— (i) any premises in pursuance of section 54(2A) of this Act or of subsection (1) above; or (ii) any vehicle or vessel in pursuance of the said subsection (1),

; and

(ii) in paragraph (c), after “under” there shall be inserted the words “ section 54(2A) of this Act or ”.

(4) After Schedule 2 there shall be inserted the Schedule set out in Schedule 1 to this Act.

Chapter III — Great Britain

Powers to require removal of masks etc

25

(1) After subsection (4) of section 60 (powers to stop and search in anticipation of violence) of the Criminal Justice and Public Order Act 1994 (“the 1994 Act”) there shall be inserted the following subsection—

(4A) This section also confers on any constable in uniform power— (a) to require any person to remove any item which the constable reasonably believes that person is wearing wholly or mainly for the purpose of concealing his identity; (b) to seize any item which the constable reasonably believes any person intends to wear wholly or mainly for that purpose.

(2) In subsection (5) of that section, for the words “those powers” there shall be substituted the words “ the powers conferred by subsection (4) above ”.

(3) In subsection (8) of that section, for the words “to stop or (as the case may be) to stop the vehicle” there shall be substituted the following paragraphs—

(a) to stop, or to stop a vehicle; or (b) to remove an item worn by him,

Retention and disposal of things seized

26

After section 60 of the 1994 Act there shall be inserted the following section—

(60A) (1) Any things seized by a constable under section 60 may be retained in accordance with regulations made by the Secretary of State under this section. (2) The Secretary of State may make regulations regulating the retention and safe keeping, and the disposal and destruction in prescribed circumstances, of such things. (3) Regulations under this section may make different provisions for different classes of things or for different circumstances. (4) The power to make regulations under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Power of arrest for failure to comply with requirement

27

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) After section 60A of the 1994 Act there shall be inserted the following section—

(60B) In Scotland, where a constable reasonably believes that a person has committed or is committing an offence under section 60(8) he may arrest that person without warrant.

Part II — Criminal law

Racially or religiously aggravated offences: England and Wales

Meaning of “racially aggravated”

28

(1) An offence is racially or religiously aggravated for the purposes of sections 29 to 32 below if—

(a) at the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based on the victim’s membership (or presumed membership) of a racial or religious group; or

(b) the offence is motivated (wholly or partly) by hostility towards members of a racial or religious group based on their membership of that group.

(2) In subsection (1)(a) above—

“membership”, in relation to a racial or religious group, includes association with members of that group;

“presumed” means presumed by the offender.

(3) It is immaterial for the purposes of paragraph (a) or (b) of subsection (1) above whether or not the offender’s hostility is also based, to any extent, on any other factor not mentioned in that paragraph.

(4) In this section “racial group” means a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins.

(5) In this section “religious group” means a group of persons defined by reference to religious belief or lack of religious belief.

Racially-aggravated assaults

29

(1) A person is guilty of an offence under this section if he commits—

(a) an offence under section 20 of the Offences Against the Person Act 1861 (malicious wounding or grievous bodily harm);

(b) an offence under section 47 of that Act (actual bodily harm);

(ba) an offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation); or

which is racially or religiously aggravated for the purposes of this section.

(2) A person guilty of an offence falling within subsection (1)(a) , (b) or (ba) above shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding seven years or to a fine, or to both.

(3) A person guilty of an offence falling within subsection (1)(c) above shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

Racially-aggravated criminal damage

30

(1) A person is guilty of an offence under this section if he commits an offence under section 1(1) of the Criminal Damage Act 1971 (destroying or damaging property belonging to another) which is racially or religiously aggravated for the purposes of this section.

(2) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding fourteen years or to a fine, or to both.

(3) For the purposes of this section, section 28(1)(a) above shall have effect as if the person to whom the property belongs or is treated as belonging for the purposes of that Act were the victim of the offence.

Racially-aggravated public order offences

31

(1) A person is guilty of an offence under this section if he commits—

(a) an offence under section 4 of the Public Order Act 1986 (fear or provocation of violence);

(b) an offence under section 4A of that Act (intentional harassment, alarm or distress); or

which is racially or religiously aggravated for the purposes of this section.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A person guilty of an offence falling within subsection (1)(a) or (b) above shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

(5) A person guilty of an offence falling within subsection (1)(c) above shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(6) If, on the trial on indictment of a person charged with an offence falling within subsection (1)(a) or (b) above, the jury find him not guilty of the offence charged, they may find him guilty of the basic offence mentioned in that provision.

(7) For the purposes of subsection (1)(c) above, section 28(1)(a) above shall have effect as if the person likely to be caused harassment, alarm or distress were the victim of the offence.

Racially-aggravated harassment etc

32

(1) A person is guilty of an offence under this section if he commits—

(a) an offence under section 2 or 2A of the Protection from Harassment Act 1997 (offences of harassment and stalking); or

(b) an offence under section 4 or 4A of that Act (putting people in fear of violence and stalking involving fear of violence or serious alarm or distress),

which is racially or religiously aggravated for the purposes of this section.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A person guilty of an offence falling within subsection (1)(a) above shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

(4) A person guilty of an offence falling within subsection (1)(b) above shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 14 years or to a fine, or to both.

(5) If, on the trial on indictment of a person charged with an offence falling within subsection (1)(a) above, the jury find him not guilty of the offence charged, they may find him guilty of either basic offence mentioned in that provision.

(6) If, on the trial on indictment of a person charged with an offence falling within subsection (1)(b) above, the jury find him not guilty of the offence charged, they may find him guilty of an offence falling within subsection (1)(a) above.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Racially-aggravated offences: Scotland

Racially-aggravated offences

33

After section 50 of the Criminal Law (Consolidation) (Scotland) Act 1995 there shall be inserted the following section—

(50A) (1) A person is guilty of an offence under this section if he— (a) pursues a racially-aggravated course of conduct which amounts to harassment of a person and— (i) is intended to amount to harassment of that person; or (ii) occurs in circumstances where it would appear to a reasonable person that it would amount to harassment of that person; or (b) acts in a manner which is racially aggravated and which causes, or is intended to cause, a person alarm or distress. (2) For the purposes of this section a course of conduct or an action is racially aggravated if— (a) immediately before, during or immediately after carrying out the course of conduct or action the offender evinces towards the person affected malice and ill-will based on that person’s membership (or presumed membership) of a racial group; or (b) the course of conduct or action is motivated (wholly or partly) by malice and ill-will towards members of a racial group based on their membership of that group. (3) In subsection (2)(a) above— - “membership”, in relation to a racial group, includes association with members of that group; - “presumed” means presumed by the offender. (4) It is immaterial for the purposes of paragraph (a) or (b) of subsection (2) above whether or not the offender’s malice and ill-will is also based, to any extent, on— (a) the fact or presumption that any person or group of persons belongs to any religious group; or (b) any other factor not mentioned in that paragraph. (5) A person who is guilty of an offence under this section shall— (a) on summary conviction, be liable to a fine not exceeding the statutory maximum, or imprisonment for a period not exceeding six months, or both such fine and such imprisonment; and (b) on conviction on indictment, be liable to a fine or to imprisonment for a period not exceeding seven years, or both such fine and such imprisonment. (6) In this section— - “conduct” includes speech; - “harassment” of a person includes causing the person alarm or distress; - “racial group” means a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins, and a course of conduct must involve conduct on at least two occasions.

Miscellaneous

Abolition of rebuttable presumption that a child is doli incapax

34

The rebuttable presumption of criminal law that a child aged 10 or over is incapable of committing an offence is hereby abolished.

Effect of child’s silence at trial

35

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

Abolition of death penalty for treason and piracy

36

(1) In section I of the Treason Act (Ireland) 1537 (practising any harm etc. to, or slandering, the King, Queen or heirs apparent punishable as high treason), for the words “have and suffer such pains of death and” there shall be substituted the words “ be liable to imprisonment for life and to such ”.

(2) In the following enactments, namely—

(a) section II of the Crown of Ireland Act 1542 (occasioning disturbance etc. to the crown of Ireland punishable as high treason);

(b) section XII of the Act of Supremacy (Ireland) 1560 (penalties for maintaining or defending foreign authority);

(c) section 3 of the Treason Act 1702 (endeavouring to hinder the succession to the Crown etc. punishable as high treason);

(d) section I of the Treason Act (Ireland) 1703 (which makes corresponding provision),

for the words “suffer pains of death” there shall be substituted the words “ be liable to imprisonment for life ”.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In section 1 of the Treason Act 1814 (form of sentence in case of high treason), for the words “such person shall be hanged by the neck until such person be dead”, there shall be substituted the words “ such person shall be liable to imprisonment for life ”.

(5) In section 2 of the Piracy Act 1837 (punishment of piracy when murder is attempted), for the words “and being convicted thereof shall suffer death” there shall be substituted the words “ and being convicted thereof shall be liable to imprisonment for life ”.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III — Criminal justice system

Youth justice

Aim of the youth justice system

37

(1) It shall be the principal aim of the youth justice system to prevent offending by children and young persons.

(2) In addition to any other duty to which they are subject, it shall be the duty of all persons and bodies carrying out functions in relation to the youth justice system to have regard to that aim.

Local provision of youth justice services

38

(1) It shall be the duty of each local authority, acting in co-operation with the persons and bodies mentioned in subsection (2) below, to secure that, to such extent as is appropriate for their area, all youth justice services are available there.

(2) It shall be the duty of—

(a) every chief officer of police or local policing body any part of whose police area lies within the local authority’s area;

(aa) the Secretary of State in relation to his functions under sections 2 and 3 of the Offender Management Act 2007;

(ab) every provider of probation services that is required by arrangements under section 3(2) of the Offender Management Act 2007 to carry out the duty under this subsection in relation to the local authority; and

(b) every local probation board , integrated care board or ... Local Health Board ... any part of whose area lies within that area,

to co-operate in the discharge by the local authority of their duty under subsection (1) above.

(3) The local authority and every person or body mentioned in subsection (2) above shall have power to make payments towards expenditure incurred in the provision of youth justice services—

(a) by making the payments directly; or

(b) by contributing to a fund, established and maintained by the local authority, out of which the payments may be made.

(4) In this section and sections 39 to 41 below “youth justice services” means any of the following, namely—

(a) the provision of persons to act as appropriate adults to safeguard the interests of children and young persons detained or questioned by police officers;

(aa) the provision of assistance to persons determining whether youth cautions should be given under section 66ZA below;

(b) the assessment of children and young persons, and the provision for them of rehabilitation programmes, for the purposes of section 66ZB(2) or (3) below;

(ba) the provision of assistance to persons determining whether youth conditional cautions (within the meaning of Chapter 1 of Part 4) should be given and which conditions to attach to such cautions;

(bb) the supervision and rehabilitation of persons to whom such cautions are given;

(c) the provision of support for children and young persons remanded or committed on bail while awaiting trial or sentence;

(d) the placement in local authority accommodation of children and young persons remanded to such accommodation under section 91(3) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012;

(e) the provision of reports or other information required by courts in criminal proceedings against children and young persons;

(ee) the performance by youth offending teams and members of youth offending teams of functions under sections 25 to 27 of the Anti-social Behaviour Act 2003;

(f) the provision of persons to act as responsible officers in relation to ... parenting orders, child safety orders and reparation orders;

(fa) the provision of persons to act as responsible officers in relation to youth rehabilitation orders under Chapter 1 of Part 9 of the Sentencing Code;

(fb) the supervision of children and young persons sentenced to a youth rehabilitation order under that Chapter which includes a supervision requirement (within the meaning of that Chapter);

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) the supervision of children and young persons sentenced to a detention and training order (including an order under section 211 of the Armed Forces Act 2006) . . . ;

(ha) supervision after the end of the term of such an order under section 256AA of the Criminal Justice Act 2003 (as applied by section 247 of the Sentencing Code);

(i) post-release supervision in accordance with a licence under section 31 of the Crime (Sentences) Act 1997 or section 250 of the Criminal Justice Act 2003 of a person sentenced to detention under section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000, section 226, 226B or 228 of the Criminal Justice Act 2003 , section 250, 252A, 254 or 259 of the Sentencing Code or section 209, 218, 221, 221A or 222 of the Armed Forces Act 2006;

(ia) post-release supervision under section 256B of the Criminal Justice Act 2003;

(ib) supervision under section 256AA of the Criminal Justice Act 2003 of a person sentenced to detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 , section 250 of the Sentencing Code or section 209 of the Armed Forces Act 2006;

(j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k) the implementation of referral orders within the meaning given by section 83(1) of the Sentencing Code.

(5) The Secretary of State may by order amend subsection (4) above so as to extend, restrict or otherwise alter the definition of “youth justice services” for the time being specified in that subsection.

Youth offending teams

39

(1) Subject to subsection (2) below, it shall be the duty of each local authority, acting in co-operation with the persons and bodies mentioned in subsection (3) below, to establish for their area one or more youth offending teams.

(2) Two (or more) local authorities acting together may establish one or more youth offending teams for both (or all) their areas; and where they do so—

(a) any reference in the following provisions of this section (except subsection (4)(b)) to, or to the area of, the local authority or a particular local authority shall be construed accordingly, and

(b) the reference in subsection (4)(b) to the local authority shall be construed as a reference to one of the authorities.

(3) It shall be the duty of—

(a) every chief officer of police any part of whose police area lies within the local authority’s area;

(aa) the Secretary of State in relation to his functions under sections 2 and 3 of the Offender Management Act 2007;

(ab) every provider of probation services that is required by arrangements under section 3(2) of the Offender Management Act 2007 to carry out the duty under this subsection in relation to the local authority; and

(b) every local probation board , integrated care board or ... Local Health Board ... any part of whose area lies within that area,

to co-operate in the discharge by the local authority of their duty under subsection (1) above.

(4) The local authority and every person or body mentioned in subsection (3) above shall have power to make payments towards expenditure incurred by, or for purposes connected with, youth offending teams—

(a) by making the payments directly; or

(b) by contributing to a fund, established and maintained by the local authority, out of which the payments may be made.

(5) A youth offending team shall include at least one of each of the following, namely—

(a) an officer of a local probation boardor an officer of a provider of probation services;

(aa) where the local authority is in England, a person with experience of social work in relation to children nominated by the director of children’s services appointed by the local authority under section 18 of the Children Act 2004;

(b) where the local authority is in Wales, a social worker of the local authority . . . ;

(d) a person nominated by an integrated care board or ... a Local Health Board any part of whose area lies within the local authority’s area;

(da) where the local authority is in England, a person with experience in education nominated by the director of children’s services appointed by the local authority under section 18 of the Children Act 2004;

(e) where the local authority is in Wales, a person nominated by the chief education officer appointed by the local authority under section 532 of the Education Act 1996.

(6) A youth offending team may also include such other persons as the local authority thinks appropriate after consulting the persons and bodies mentioned in subsection (3) above.

(7) It shall be the duty of the youth offending team or teams established by a particular local authority—

(a) to co-ordinate the provision of youth justice services for all those in the authority’s area who need them; and

(b) to carry out such functions as are assigned to the team or teams in the youth justice plan formulated by the authority under section 40(1) below.

Youth justice plans

40

(1) It shall be the duty of each local authority, after consultation with the relevant persons and bodies, to formulate and implement for each year a plan (a “youth justice plan”) setting out—

(a) how youth justice services in their area are to be provided and funded; and

(b) how the youth offending team or teams established by them (whether alone or jointly with one or more other local authorities) are to be composed and funded, how they are to operate, and what functions they are to carry out.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The functions assigned to a youth offending team under subsection (1)(b) above may include, in particular—

(a) functions under paragraph 7(b) of Schedule 2 to the 1989 Act (local authority’s duty to take reasonable steps designed to encourage children and young persons not to commit offences);

(b) functions relating to a local authority’s duty under section 15(2)(g) of the Social Services and Well-being (Wales) Act 2014 to provide or arrange for the provision of services for the purposes of encouraging children not to commit criminal offences.

(4) A local authority shall submit their youth justice plan to the Board established under section 41 below, and shall publish it in such manner and by such date as the Secretary of State may direct.

The Youth Justice Board

41

(1) There shall be a body corporate to be known as the Youth Justice Board for England and Wales (“the Board”).

(2) The Board shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Board’s property shall not be regarded as property of, or held on behalf of, the Crown.

(3) The Board shall consist of 10, 11 or 12 members appointed by the Secretary of State.

(4) The members of the Board shall include persons who appear to the Secretary of State to have extensive recent experience of the youth justice system.

(5) The Board shall have the following functions, namely—

(a) to monitor the operation of the youth justice system and the provision of youth justice services;

(b) to advise the Secretary of State on the following matters, namely—

(i) the operation of that system and the provision of such services;

(ii) how the principal aim of that system might most effectively be pursued;

(iii) the content of any national standards he may see fit to set with respect to the provision of such services, or the accommodation in which children and young persons are kept in custody; and

(iv) the steps that might be taken to prevent offending by children and young persons;

(d) for the purposes of paragraphs (a), (b) and (c) above, to obtain information from relevant authorities;

(e) to publish information so obtained;

(f) to identify, to make known and to promote good practice in the following matters, namely—

(i) the operation of the youth justice system and the provision of youth justice services;

(ii) the prevention of offending by children and young persons; and

(iii) working with children and young persons who are or are at risk of becoming offenders;

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) ... to commission research in connection with such practice.

(ha) with the approval of the Secretary of State, to make grants to local authorities and other persons for the purposes of the operation of the youth justice system and the provision of youth justice services, subject to such conditions as the Board considers appropriate, including conditions as to repayment;

(hb) to provide assistance to local authorities and other persons in connection with information technology systems and equipment used or to be used for the purposes of the operation of the youth justice system and the provision of youth justice services;

(i) to enter into agreements for the provision of—

(i) youth detention accommodation, within the meaning given by section 248 of the Sentencing Code , for the purpose of detaining persons subject to orders under section 100, 104(3)(a) or 105(2) of the Powers of Criminal Courts (Sentencing) Act 2000, detention and training orders within the meaning given by section 233 of the Sentencing Code, orders under paragraph 3(2)(a) or 7(2) of Schedule 12 to that Code or orders under section 211 or 214 of the Armed Forces Act 2006;

(ii) accommodation which is or may be used for the purpose of detaining persons sentenced under section 250, 252A, 254 or 259 of the Sentencing Code, section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000 , section 226, 226B or 228 of the Criminal Justice Act 2003 or section 209 218, 221, 221A or 222 of the Armed Forces Act 2006;

(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv) accommodation which is or may be used for the purpose of detaining persons who are under the age of 18 when remanded in custody under section 128 of the 1980 Act;

(v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vii) accommodation referred to in paragraph 14(3) of Schedule 5A to the Policing and Crime Act 2009 which is or may be used for the purpose of detaining persons subject to a detention order under that Schedule;

but no agreement shall be made under this paragraph in relation to accommodation for persons who have attained the age of 18 unless it appears to the Board that it is expedient to enter into such an agreement for the operation of the youth justice system;

(j) to facilitate arrangements between the Secretary of State and any person providing—

(i) youth detention accommodation, within the meaning given by section 248 of the Sentencing Code, to be used for detaining a person in accordance with a determination under section 241(1) of that Code, paragraph 3(2)(a) or 7(2) of Schedule 12 to that Code, section 102(1), 104(3)(a) or 105(2) of the Powers of Criminal Courts (Sentencing) Act 2000 or section 214(3) of the Armed Forces Act 2006; or

(ii) accommodation to be used for detaining a person in accordance with a direction by the Secretary of State under section 260 of the Sentencing Code or section 92 of the Powers of Criminal Courts (Sentencing) Act 2000 or a determination by the Secretary of State under section 210 or 218(3) of the Armed Forces Act 2006;

(ja) at the request of the Secretary of State, to assist him in carrying out his functions in relation to the release of offenders detained in accommodation which is youth detention accommodation, within the meaning given by section 248(1) of the Sentencing Code;

(k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(l) annually—

(i) to assess future demand for secure accommodation for remanded children and young persons and secure and other accommodation for sentenced children and young persons,

(ii) to prepare a plan setting out how they intend to exercise, in the following three years, the functions described in paragraphs (i) and (k) above, and any function for the time being exercisable by the Board concurrently with the Secretary of State by virtue of subsection (6)(b) below which relates to securing the provision of such accommodation, and

(iii) to submit the plan to the Secretary of State for approval.

(6) The Secretary of State may by order—

(a) amend subsection (5) above so as to add to, subtract from or alter any of the functions of the Board for the time being specified in that subsection; or

(b) provide that any function of his which is exercisable in relation to the youth justice system shall be exercisable concurrently with the Board.

(6A) The power of the Secretary of State under subsection (6)(b) includes power—

(a) to provide that, in relation to any function of his that is exercisable in respect of particular cases, the function is to be exercisable by the Board only—

(i) where it proposes to exercise the function in a particular manner, or

(ii) in respect of a class of case specified in the order, and

(b) to make any supplementary, incidental or consequential provision (including provision for any enactment to apply subject to modifications).

(7) In carrying out their functions, the Board shall comply with any directions given by the Secretary of State and act in accordance with any guidance given by him.

(8) A relevant authority—

(a) shall furnish to the Board any information required for the purposes of subsection (5)(a), (b) or (c) above; and

(b) whenever so required by the Board, shall submit to the Board a report on such matters connected with the discharge of their duties under the foregoing provisions of this Part as may be specified in the requirement.

A requirement under paragraph (b) above may specify the form in which a report is to be given.

(9) The Board may arrange, or require the relevant authority to arrange, for a report under subsection (8)(b) above to be published in such manner as appears to the Board to be appropriate.

(10) In this section “relevant authority” means a local authority, a chief officer of police, a local policing body, a local probation board a provider of probation services , an integrated care board and a Local Health Board ....

(11) Schedule 2 to this Act (which makes further provision with respect to the Board) shall have effect.

Supplementary provisions

42

(1) In the foregoing provisions of this Part and this section—

“chief officer of police” has the meaning given by section 101(1) of the Police Act 1996;

“local authority” (except in section 39A) 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;

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

“youth justice system” means the system of criminal justice in so far as it relates to children and young persons.

(2) For the purposes of those provisions, the Isles of Scilly form part of the county of Cornwall and the Inner Temple and the Middle Temple form part of the City of London.

(2A) So far as relating to the Isles of Scilly, subsection (2) does not apply for the purposes of section 39A.

(3) In carrying out any of their duties under those provisions, a local authority, a police authority, a local probation board a provider of probation services an integrated care board, or a Local Health Board ... shall act in accordance with any guidance given by the Secretary of State.

Time limits etc.

Time limits

43

(1) In subsection (2) of section 22 (time limits in relation to criminal proceedings) of the Prosecution of Offences Act 1985 (“the 1985 Act”), for paragraphs (a) and (b) there shall be substituted the following paragraphs—

(a) be made so as to apply only in relation to proceedings instituted in specified areas, or proceedings of, or against persons of, specified classes or descriptions; (b) make different provision with respect to proceedings instituted in different areas, or different provision with respect to proceedings of, or against persons of, different classes or descriptions;

(2) For subsection (3) of that section there shall be substituted the following subsection—

(3) The appropriate court may, at any time before the expiry of a time limit imposed by the regulations, extend, or further extend, that limit; but the court shall not do so unless it is satisfied— (a) that the need for the extension is due to— (i) the illness or absence of the accused, a necessary witness, a judge or a magistrate; (ii) a postponement which is occasioned by the ordering by the court of separate trials in the case of two or more accused or two or more offences; or (iii) some other good and sufficient cause; and (b) that the prosecution has acted with all due diligence and expedition.

(3) In subsection (4) of that section, for the words from “the accused” to the end there shall be substituted the words “ the appropriate court shall stay the proceedings ”.

(4) In subsection (6) of that section—

(a) for the word “Where” there shall be substituted the words “ Subsection (6A) below applies where ”; and

(b) for the words from “the overall time limit” to the end there shall be substituted the words “ and is accordingly unlawfully at large for any period. ”

(5) After that subsection there shall be inserted the following subsection—

(6A) The following, namely— (a) the period for which the person is unlawfully at large; and (b) such additional period (if any) as the appropriate court may direct, having regard to the disruption of the prosecution occasioned by— (i) the person’s escape or failure to surrender; and (ii) the length of the period mentioned in paragraph (a) above, shall be disregarded, so far as the offence in question is concerned, for the purposes of the overall time limit which applies in his case in relation to the stage which the proceedings have reached at the time of the escape or, as the case may be, at the appointed time.

(6) In subsection (7) of that section, after the words “time limit,” there shall be inserted the words “ or to give a direction under subsection (6A) above, ”.

(7) In subsection (8) of that section, after the words “time limit” there shall be inserted the words “ , or to give a direction under subsection (6A) above, ”.

(8) After subsection (11) of that section there shall be inserted the following subsection—

(11ZA) For the purposes of this section, proceedings for an offence shall be taken to begin when the accused is charged with the offence or, as the case may be, an information is laid charging him with the offence.

Additional time limits for persons under 18

44

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

Re-institution of stayed proceedings

45

After section 22A of the 1985 Act there shall be inserted the following section—

(22B) (1) This section applies where proceedings for an offence (“the original proceedings”) are stayed by a court under section 22(4) or 22A(5) of this Act. (2) If— (a) in the case of proceedings conducted by the Director, the Director or a Chief Crown Prosecutor so directs; (b) in the case of proceedings conducted by the Director of the Serious Fraud Office, the Commissioners of Inland Revenue or the Commissioners of Customs and Excise, that Director or those Commissioners so direct; or (c) in the case of proceedings not conducted as mentioned in paragraph (a) or (b) above, a person designated for the purpose by the Secretary of State so directs, fresh proceedings for the offence may be instituted within a period of three months (or such longer period as the court may allow) after the date on which the original proceedings were stayed by the court. (3) Fresh proceedings shall be instituted as follows— (a) where the original proceedings were stayed by the Crown Court, by preferring a bill of indictment; (b) where the original proceedings were stayed by a magistrates’ court, by laying an information. (4) Fresh proceedings may be instituted in accordance with subsections (2) and (3)(b) above notwithstanding anything in section 127(1) of the Magistrates’ Courts Act 1980 (limitation of time). (5) Where fresh proceedings are instituted, anything done in relation to the original proceedings shall be treated as done in relation to the fresh proceedings if the court so directs or it was done— (a) by the prosecutor in compliance or purported compliance with section 3, 4, 7 or 9 of the Criminal Procedure and Investigations Act 1996; or (b) by the accused in compliance or purported compliance with section 5 or 6 of that Act. (6) Where a person is convicted of an offence in fresh proceedings under this section, the institution of those proceedings shall not be called into question in any appeal against that conviction.

Date of first court appearance in bail cases

46

(1) In subsection (3) of section 47 of the 1984 Act (bail after arrest), for the words “subsection (4)” there shall be substituted the words “ subsections (3A) and (4) ”.

(2) After that subsection there shall be inserted the following subsection—

(3A) Where a custody officer grants bail to a person subject to a duty to appear before a magistrates’ court, he shall appoint for the appearance— (a) a date which is not later than the first sitting of the court after the person is charged with the offence; or (b) where he is informed by the clerk to the justices for the relevant petty sessions area that the appearance cannot be accommodated until a later date, that later date.

Functions of courts etc.

Powers of youth courts

47

(1) Where a person who appears or is brought before a youth court charged with an offence subsequently attains the age of 18, the youth court may, at any time—

(a) before the start of the trial; . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

remit the person for trial . . . to a magistrates’ court (other than a youth court) . . . .

In this subsection “the start of the trial” shall be construed in accordance with section 22(11B) of the 1985 Act.

(2) Where a person is remitted under subsection (1) above—

(a) he shall have no right of appeal against the order of remission;

(b) the remitting court shall adjourn proceedings in relation to the offence; and

(3) The following, namely—

(a) section 128 of the 1980 Act; and

(b) all other enactments (whenever passed) relating to remand or the granting of bail in criminal proceedings,

shall have effect in relation to the remitting court’s power or duty to remand the person on the adjournment as if any reference to the court to or before which the person remanded is to be brought or appear after remand were a reference to the court to which he is being remitted (“the other court”).

(4) The other court may deal with the case in any way in which it would have power to deal with it if all proceedings relating to the offence which took place before the remitting court had taken place before the other court.

(5) After subsection (3) of section 10 of the 1980 Act (adjournment of trial) there shall be inserted the following subsection—

(3A) A youth court shall not be required to adjourn any proceedings for an offence at any stage by reason only of the fact— (a) that the court commits the accused for trial for another offence; or (b) that the accused is charged with another offence.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In subsection (2) of section 47 (procedure in youth courts) of the Children and Young Persons Act 1933 (“the 1933 Act”), the words from the beginning to “court; and” shall cease to have effect.

Youth courts: power of stipendiary magistrates to sit alone

48

(1) In paragraph 15 of Schedule 2 to the 1933 Act (constitution of youth courts)—

(a) in paragraph (a), after the word “shall”, in the first place where it occurs, there shall be inserted the words “either consist of a metropolitan stipendiary magistrate sitting alone or” and the word “shall”, in the other place where it occurs, shall cease to have effect;

(b) in paragraph (b), after the words “the chairman” there shall be inserted the words “(where applicable)”; and

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Crime and Disorder Act 1998

Part I — Prevention of crime and disorder

Chapter I — England and Wales

Crime and disorder: general

Powers to require removal of masks etc.

1

Sex offender orders

2

Sex offender orders: supplemental

3

Appeals against orders

4

Crime and disorder strategies

Authorities responsible for strategies

5

Formulation and implementation of strategies

6

Supplemental

7

Youth crime and disorder

Parenting orders

8

Parenting orders: supplemental

9

Appeals against parenting orders

10

Child safety orders

11

Child safety orders: supplemental

12

Appeals against child safety orders

13

Local child curfew schemes

14

Contravention of curfew notices

15

Removal of truants to designated premises etc

16

Miscellaneous and supplemental

Duty to consider crime and disorder implications

17

Interpretation etc. of Chapter I

18

Chapter II — Scotland

Anti-social behaviour orders

19

Sex offender orders

20

Procedural provisions with respect to orders

21

Offences in connection with breach of orders

22

Anti-social behaviour as ground of eviction

23

Noise-making equipment: police power of seizure

24

Chapter III — Great Britain

Powers to require removal of masks etc

25

Retention and disposal of things seized

26

Power of arrest for failure to comply with requirement

27

Part II — Criminal law

Racially or religiously aggravated offences: England and Wales

Meaning of “racially aggravated”

28

Racially-aggravated assaults

29

Racially-aggravated criminal damage

30

Racially-aggravated public order offences

31

Racially-aggravated harassment etc

32

Racially-aggravated offences: Scotland

Racially-aggravated offences

33

Miscellaneous

Abolition of rebuttable presumption that a child is doli incapax