Legalize / United Kingdom / Public General Act

Crime and Disorder Act 1998

Type Public General Act

Publication 1998-07-31

State In force

Department Statute Law Database

Source legislation.gov.uk

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

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(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;

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(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—

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