Crime and Disorder Act 1998

[^key-c87b7958867fd6dbed33e2de85b35787]: S. 115(2) applied (with modifications) (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 46(2), Sch. 7 para. 4(3)

[^key-cf227ad7af8ec7b2ee409a59eaa32a60]: S. 115 modified (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 24(2)

[^key-a7a9390ec18ec09ff0be407fbef1bef5]: S. 17A: functions made exercisable concurrently (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 24(1)(3)

[^key-e3ecc0dab479031121fcf01ae66c06b2]: Words in s. 17(2) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 120 (with s. 247)

[^key-cb5475af8d1f7a5faad0f4aadd8d82ee]: S. 17A: functions made exercisable concurrently (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 32

[^key-bf97203e504d7064b4948b9acb1a1f43]: S. 96 repealed (S.) (1.4.2024) by Hate Crime and Public Order (Scotland) Act 2021 (asp 14), s. 21(2), sch. 2 para. 3; S.S.I. 2024/82, reg. 2 (with reg. 3)

[^key-8fcb187f15def39c083b91b627e29dfb]: S. 17A: functions made exercisable concurrently (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 51 (with art. 9)

[^key-0176c17ac6bb55c9b1dbdff07d5595f0]: S. 115 modified (5.2.2025) by The Hull and East Yorkshire Combined Authority Order 2025 (S.I. 2025/113), arts. 1(2), 26(2)

[^key-2493eec56d7314a081cfd1c6e118e624]: S. 115 modified (5.2.2025) by The Devon and Torbay Combined County Authority Regulations 2025 (S.I. 2025/115), regs. 1(2), 17(2)

[^key-aafdaf997bcb8d2b767cdb9a246fefe3]: S. 115 modified (5.2.2025) by The Greater Lincolnshire Combined County Authority Regulations 2025 (S.I. 2025/117), regs. 1(2), 29(2)

[^key-704cbcc074ebfcff67b25fd7bb0d6031]: S. 115 modified (5.2.2025) by The Lancashire Combined County Authority Regulations 2025 (S.I. 2025/118), regs. 1(2), 19(2)

[^key-c75c6de872a06cf0bee2dad0f612be9d]: S. 17A: functions made exercisable concurrently (5.2.2025) by The Hull and East Yorkshire Combined Authority Order 2025 (S.I. 2025/113), arts. 1(2), 26

[^key-a4a7d2e9f33d0163315d5a5921c968d7]: S. 17A: functions made exercisable concurrently (5.2.2025) by The Devon and Torbay Combined County Authority Regulations 2025 (S.I. 2025/115), regs. 1(2), 17

[^key-347d21a183726b606e958a63726eb6cc]: S. 17A: functions made exercisable concurrently (5.2.2025) by The Greater Lincolnshire Combined County Authority Regulations 2025 (S.I. 2025/117), regs. 1(2), 29

[^key-b9cd56295ca7e6e52e569b59646e841d]: S. 17A: functions made exercisable concurrently (5.2.2025) by The Lancashire Combined County Authority Regulations 2025 (S.I. 2025/118), regs. 1(2), 19

[^key-d9254edbfc8fba40935496bfab9ad670]: S. 17A: functions made exercisable concurrently (24.2.2026) by The Cumbria Combined Authority Order 2026 (S.I. 2026/158), arts. 1(2), 14

[^key-271e2ff28ed8af2424b33dd98d6ab7e1]: S. 17A: functions made exercisable concurrently (24.2.2026) by The Cheshire and Warrington Combined Authority Order 2026 (S.I. 2026/159), arts. 1(2), 15

[^key-52175877cbffe184ea492fd8cd2b118f]: Words in s. 51A(3)(ba) inserted (22.3.2026) by Sentencing Act 2026 (c. 2), ss. 7(7), 49(4)

[^key-e0f0b75e448e3a5defaa9edf2494b0ed]: S. 17A: functions made exercisable concurrently (26.3.2026) by The Sussex and Brighton Combined County Authority Regulations 2026 (S.I. 2026/362), regs. 1(2), 13

Parenting orders: supplemental.

Duty to consider crime and disorder implications.

Interpretation etc. of Chapter I.

Duty to consider crime and disorder implications.

Sharing of information

Anti-social behaviour orders.

Retention and disposal of things seized.

Power of arrest for failure to comply with requirement.

Time limits.

Powers of youth courts.

Order of consideration for either-way offences

Effect of youth cautions

Further provision as to extended sentences.

Further provision as to extended sentences.

Further provision as to extended sentences.

Transitory provisions.

Deputy authorising officer under Part III of Police Act 1997.

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Early release in Scotland: two or more sentences.

Early release in Scotland: two or more sentences.

Disclosure of information.

Disclosure of information.

Provision for Northern Ireland.

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Powers to require removal of masks etc.

Retention and disposal of things seized.

Retention and disposal of things seized.

Aim of the youth justice system.

Time limits.

Order of consideration for either-way offences

Re-release of prisoners serving extended sentences.

Early release in Scotland: two or more sentences.

General interpretation.

General interpretation.

Curfew condition to be included in licence.

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Restriction on consecutive sentences for released prisoners: Scotland.

Orders and regulations.

Restriction on consecutive sentences for released prisoners: Scotland.

General interpretation.

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Child safety orders: supplemental.

Sex offender orders.

Retention and disposal of things seized.

Aim of the youth justice system.

General interpretation.

Early release in Scotland: two or more sentences.

Restriction on consecutive sentences for released prisoners: Scotland.

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Duty to consider crime and disorder implications.

Local provision of youth justice services.

Supplementary provisions.

Local provision of youth justice services.

Forfeiture of recognizances.

Effect of youth cautions

Further provision as to extended sentences.

Transitory provisions.

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Local provision of youth justice services.

Powers of youth courts.

Restriction on consecutive sentences for released prisoners: Scotland.

General interpretation.

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Powers to require removal of masks etc.

Time limits.

Re-institution of stayed proceedings.

Transitory provisions.

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Deputy authorising officer under Part III of Police Act 1997.

Provision for Northern Ireland.

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50A

• (1) Where an adult appears or is brought before a magistrates' court charged with an either-way offence (the “relevant offence”), the court shall proceed in the manner described in this section.

• (2) If notice is given in respect of the relevant offence under section 51B or 51C below, the court shall deal with the offence as provided in section 51 below.

• (3) Otherwise—

• (a) if the adult (or another adult with whom the adult is charged jointly with the relevant offence) is or has been sent to the Crown Court for trial for an offence under section 51(2)(a) or 51(2)(c) below—

• (i) the court shall first consider the relevant offence under subsection (3), (4), (5) or, as the case may be, (6) of section 51 below and, where applicable, deal with it under that subsection;

• (ii) if the adult is not sent to the Crown Court for trial for the relevant offence by virtue of sub-paragraph (i) above, the court shall then proceed to deal with the relevant offence in accordance with sections 17A to 23 of the 1980 Act;

• (b) in all other cases—

• (i) the court shall first consider the relevant offence under sections 17A to 20 (excluding subsections (8) and (9) of section 20) of the 1980 Act;

• (ii) if, by virtue of sub-paragraph (i) above, the court would be required to proceed in relation to the offence as mentioned in section 17A(6), 17B(2)(c) or 20(7) of that Act (indication of guilty plea), it shall proceed as so required (and, accordingly, shall not consider the offence under section 51 or 51A below);

• (iii) if sub-paragraph (ii) above does not apply—

• (a) the court shall consider the relevant offence under sections 51 and 51A below and, where applicable, deal with it under the relevant section;

• (b) if the adult is not sent to the Crown Court for trial for the relevant offence by virtue of paragraph (a) of this sub-paragraph, the court shall then proceed to deal with the relevant offence as contemplated by section 20(9) or, as the case may be, section 21 of the 1980 Act.

• (4) Subsection (3) above is subject to any requirement to proceed as mentioned in subsections (2) or (6)(a) of section 22 of the 1980 Act (certain offences where value involved is small).

• (5) Nothing in this section shall prevent the court from committing the adult to the Crown Court for sentence pursuant to any enactment, if he is convicted of the relevant offence.

52A

• (1) Except as provided by this section, it shall not be lawful—

• (a) to publish in the United Kingdom a written report of any allocation or sending proceedings in England and Wales; or

• (b) to include in a relevant programme for reception in the United Kingdom a report of any such proceedings,

if (in either case) the report contains any matter other than that permitted by this section.

• (2) Subject to subsections (3) and (4) below, a magistrates' court may, with reference to any allocation or sending proceedings, order that subsection (1) above shall not apply to reports of those proceedings.

• (3) Where there is only one accused and he objects to the making of an order under subsection (2) above, the court shall make the order if, and only if, it is satisfied, after considering the representations of the accused, that it is in the interests of justice to do so.

• (4) Where in the case of two or more accused one of them objects to the making of an order under subsection (2) above, the court shall make the order if, and only if, it is satisfied, after considering the representations of the accused, that it is in the interests of justice to do so.

• (5) An order under subsection (2) above shall not apply to reports of proceedings under subsection (3) or (4) above, but any decision of the court to make or not to make such an order may be contained in reports published or included in a relevant programme before the time authorised by subsection (6) below.

• (6) It shall not be unlawful under this section to publish or include in a relevant programme a report of allocation or sending proceedings containing any matter other than that permitted by subsection (7) below—

• (a) where, in relation to the accused (or all of them, if there are more than one), the magistrates' court is required to proceed as mentioned in section 20(7) of the 1980 Act, after the court is so required;

• (b) where, in relation to the accused (or any of them, if there are more than one), the court proceeds other than as mentioned there, after conclusion of his trial or, as the case may be, the trial of the last to be tried.

• (7) The following matters may be contained in a report of allocation or sending proceedings published or included in a relevant programme without an order under subsection (2) above before the time authorised by subsection (6) above—

• (a) the identity of the court and the name of the justice or justices;

• (b) the name, age, home address and occupation of the accused;

• (c) in the case of an accused charged with an offence in respect of which notice has been given to the court under section 51B above, any relevant business information;

• (d) the offence or offences, or a summary of them, with which the accused is or are charged;

• (e) the names of counsel and solicitors engaged in the proceedings;

• (f) where the proceedings are adjourned, the date and place to which they are adjourned;

• (g) the arrangements as to bail;

• (h) whether, for the purposes of the proceedings, representation was provided to the accused or any of the accused under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

• (8) The addresses that may be published or included in a relevant programme under subsection (7) above are addresses—

• (a) at any relevant time; and

• (b) at the time of their publication or inclusion in a relevant programme.

• (9) The following is relevant business information for the purposes of subsection (7) above—

• (a) any address used by the accused for carrying on a business on his own account;

• (b) the name of any business which he was carrying on on his own account at any relevant time;

• (c) the name of any firm in which he was a partner at any relevant time or by which he was engaged at any such time;

• (d) the address of any such firm;

• (e) the name of any company of which he was a director at any relevant time or by which he was otherwise engaged at any such time;

• (f) the address of the registered or principal office of any such company;

• (g) any working address of the accused in his capacity as a person engaged by any such company;

and here “engaged” means engaged under a contract of service or a contract for services.

• (10) Subsection (1) above shall be in addition to, and not in derogation from, the provisions of any other enactment with respect to the publication of reports of court proceedings.

• (11) In this section—

• “allocation or sending proceedings” means, in relation to an information charging an indictable offence—any proceedings in the magistrates' court at which matters are considered under any of the following provisions—sections 19 to 23 of the 1980 Act;section 51, 51A or 52 above;any proceedings in the magistrates' court before the court proceeds to consider any matter mentioned in paragraph (a) above; andany proceedings in the magistrates' court at which an application under section 25(2) of the 1980 Act is considered;

• “publish”, in relation to a report, means publish the report, either by itself or as part of a newspaper or periodical, for distribution to the public;

• “relevant programme” means a programme included in a programme service (within the meaning of the Broadcasting Act 1990);

• “relevant time” means a time when events giving rise to the charges to which the proceedings relate occurred.

52B

• (1) If a report is published or included in a relevant programme in contravention of section 52A above, each of the following persons is guilty of an offence—

• (a) in the case of a publication of a written report as part of a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical;

• (b) in the case of a publication of a written report otherwise than as part of a newspaper or periodical, the person who publishes it;

• (c) in the case of the inclusion of a report in a relevant programme, any body corporate which is engaged in providing the service in which the programme is included and any person having functions in relation to the programme corresponding to those of the editor of a newspaper.

• (2) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

• (3) Proceedings for an offence under this section shall not, in England and Wales, be instituted otherwise than by or with the consent of the Attorney General.

• (4) Proceedings for an offence under this section shall not, in Northern Ireland, be instituted otherwise than by or with the consent of the Attorney General for Northern Ireland.

• (5) Subsection (11) of section 52A above applies for the purposes of this section as it applies for the purposes of that section.

Young offenders: youth cautions

66ZA

• (1) A constable may give a child or young person (“Y”) a caution under this section (a “youth caution”) if—

• (a) the constable decides that there is sufficient evidence to charge Y with an offence,

• (b) Y admits to the constable that Y committed the offence, and

• (c) the constable does not consider that Y should be prosecuted or given a youth conditional caution in respect of the offence.

• (2) A youth caution ... must be given in the presence of an appropriate adult.

• (3) If a constable gives a youth caution to a person, the constable must explain the matters referred to in subsection (4) in ordinary language to—

• (a) that person, and

• (b) ... the appropriate adult.

• (4) Those matters are—

• (a) the effect of subsections (1) to (3) and (5) to (7) of section 66ZB, and

• (b) any guidance issued under subsection (4) of that section.

• (5) The Secretary of State must publish, in such manner as the Secretary of State considers appropriate, guidance as to—

• (a) the circumstances in which it is appropriate to give youth cautions,

• (b) the places where youth cautions may be given,

• (c) the category of constable by whom youth cautions may be given, and

• (d) the form which youth cautions are to take and the manner in which they are to be given and recorded.

• (6) No caution other than a youth caution or a youth conditional caution may be given to a child or young person.

• (7) In this Chapter “appropriate adult”, in relation to a child or young person, means—

• (a) a parent or guardian of the child or young person,

• (b) if the child or young person is in the care of a local authority or voluntary organisation, a person representing that authority or organisation,

• (c) a social worker of a local authority, or

• (d) if no person falling within paragraph (a), (b) or (c) is available, any responsible person aged 18 or over who is not a police officer or a person employed for, or engaged on, police purposes; and “police purposes” has the meaning given by section 101(2) of the Police Act 1996 .

66ZB

• (1) If a constable gives a youth caution to a person, the constable must as soon as practicable refer the person to a youth offending team.

• (2) Subject to subsection (3), on a referral of a person under subsection (1), the youth offending team—

• (a) must assess the person, and

• (b) unless they consider it inappropriate to do so, must arrange for the person to participate in a rehabilitation programme.

• (3) If the person has not previously been referred under subsection (1) and has not previously been given a youth conditional caution, the youth offending team—

• (a) may assess the person, and

• (b) may arrange for the person to participate in a rehabilitation programme.

• (4) The Secretary of State must publish, in such manner as the Secretary of State considers appropriate, guidance as to—

• (a) what should be included in a rehabilitation programme arranged for a person under subsection (2) or (3),

• (b) the manner in which any failure by a person to participate in a programme is to be recorded, and

• (c) the persons to whom any such failure must be notified.

• (5) Subsection (6) applies if—

• (a) a person who has received two or more youth cautions is convicted of an offence committed within two years beginning with the date of the last of those cautions, or

• (b) a person who has received a youth conditional caution followed by a youth caution is convicted of an offence committed within two years beginning with the date of the youth caution.

• (6) The court by or before which the person is convicted—

• (a) must not make an order under section 80 of the Sentencing Code (conditional discharge) in respect of the offence unless it is of the opinion that there are exceptional circumstances relating to the offence or the person that justify it doing so, and

• (b) where it does so, must state in open court that it is of that opinion and its reasons for that opinion.

• (7) There may be cited in criminal proceedings—

• (a) a youth caution given to a person, and

• (b) a report on a failure by a person to participate in a rehabilitation programme arranged for the person under subsection (2) or (3),

in the same circumstances as a conviction of the person may be cited.

• (8) In this section “rehabilitation programme” means a programme with the purpose of rehabilitating participants and preventing them from re-offending.

66BA

• (1) Before deciding what conditions to attach to a youth conditional caution, a relevant prosecutor or the authorised person must make reasonable efforts to obtain the views of the victim (if any) of the offence, and in particular the victim's views as to whether the offender should carry out any of the actions listed in the community remedy document.

• (2) If the victim expresses the view that the offender should carry out a particular action listed in the community remedy document, the prosecutor or authorised person must attach that as a condition unless it seems to the prosecutor or authorised person that it would be inappropriate to do so.

• (3) Where—

• (a) there is more than one victim and they express different views, or

• (b) for any other reason subsection (2) does not apply,

the prosecutor or authorised person must nevertheless take account of any views expressed by the victim (or victims) in deciding what conditions to attach to the conditional caution.

• (4) In this section—

• “community remedy document” means the community remedy document (as revised from time to time) published under section 101 of the Anti-social Behaviour, Crime and Policing Act 2014 for the police area in which the offence was committed;

• “victim” means the particular person who seems to the relevant prosecutor or authorised person to have been affected, or principally affected, by the offence.

Time limits.

57G

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SCHEDULE 3A

PART 1 — Directions under section 57B — preliminary hearings

Introduction

1

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Use of audio links

2

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Disputed bail hearings

3

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Contempt of court

4

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Unfitness to plead

5

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Acceptance of a guilty plea

6

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Other limitations to apply also

7

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PART 2 — Directions under section 57E — sentencing hearings

Introduction

8

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Use of live audio links

9

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Other limitations to apply also

10

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PART 3 — Directions under section 57F — enforcement hearings

Introduction

11

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Use of live audio links

12

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Hearing where court minded to impose imprisonment or detention

13

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Contempt of court

14

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Other limitations to apply also

15

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