Crime and Disorder Act 1998
Crime and Disorder Act 1998 (1998 c. 37)
- Crime and Disorder Act 1998 (1998 c. 37)
- Part I Prevention of crime and disorder
- Chapter I England and Wales
- Crime and disorder: general
- 1 Anti-social behaviour orders.
- 1A Power of Secretary of State to add to relevant authorities
- 1AA Individual support orders
- 1AB Individual support orders: explanation, breach, amendment etc
- 1B Orders in county court proceedings
- 1C Orders on conviction in criminal proceedings
- 1CA Variation and discharge of orders under section 1C
- 1D Interim orders
- 1E Consultation requirements
- 1F Contracting out of local authority functions
- 1G Intervention orders
- 1H Intervention orders: explanation, breach, amendment etc.
- 1I Special measures for witnesses
- 1J Review of orders under sections 1, 1B and 1C
- 1K Responsibility for, and participation in, reviews under section 1J
- 2 Sex offender orders.
- 2A Interim orders: sex offenders
- 2B Sex offender orders made in Scotland or Northern Ireland
- 3 Sex offender orders: supplemental.
- 4 Appeals against orders.
- Crime and disorder strategies
- 5 Authorities responsible for strategies.
- 5A Combination agreements: further provision
- 6 Formulation and implementation of strategies.
- 6A Powers of the Secretary of State and National Assembly for Wales
- 7 Supplemental.
- Youth crime and disorder
- 8 Parenting orders.
- 9 Parenting orders: supplemental.
- 10 Appeals against parenting orders.
- 11 Child safety orders.
- 12 Child safety orders: supplemental.
- 13 Appeals against child safety orders.
- 13A Parental compensation orders
- 13B Parental compensation orders: the compensation
- 13C Parental compensation orders: supplemental
- 13D Parental compensation orders: appeal
- 13E Effect of parental compensation order on subsequent award of damages in civil proceedings
- 14 Local child curfew schemes.
- 15 Contravention of curfew notices.
- 16 Removal of truants and excluded pupils to designated premises etc.
- Miscellaneous and supplemental
- 17 Duty to consider crime and disorder implications.
- 17A Sharing of information
- 18 Interpretation etc. of Chapter I.
- Chapter II Scotland
- 19 Anti-social behaviour orders.
- 20 Sex offender orders.
- 21 Procedural provisions with respect to orders.
- 21A Sex offender orders made in England and Wales or Northern Ireland
- 22 Offences in connection with breach of orders.
- 22A Anti-social behaviour strategies
- 23 Anti-social behaviour as ground of eviction.
- 24 Noise-making equipment: police power of seizure.
- Chapter III Great Britain
- 25 Powers to require removal of masks etc.
- 26 Retention and disposal of things seized.
- 27 Power of arrest for failure to comply with requirement.
- Part II Criminal law
- Racially or religiously aggravated offences: England and Wales
- 28 Meaning of “ racially or religiously aggravated”.
- 29 Racially or religiously aggravated assaults.
- 30 Racially or religiously aggravated criminal damage.
- 31 Racially or religiously aggravated public order offences.
- 32 Racially or religiously aggravated harassment etc.
- Racially-aggravated offences: Scotland
- 33 Racially-aggravated offences.
- Miscellaneous
- 34 Abolition of rebuttable presumption that a child is doli incapax.
- 35 Effect of child’s silence at trial.
- 36 Abolition of death penalty for treason and piracy.
- Part III Criminal justice system
- Youth justice
- 37 Aim of the youth justice system.
- 38 Local provision of youth justice services.
- 39 Youth offending teams.
- 39A Detention of child or young person: local authorities to be notified
- 40 Youth justice plans.
- 41 The Youth Justice Board.
- 42 Supplementary provisions.
- Time limits etc.
- 43 Time limits.
- 44 Additional time limits for persons under 18.
- 45 Re-institution of stayed proceedings.
- 46 Date of first court appearance in bail cases.
- Functions of courts etc.
- 47 Powers of youth courts.
- 48 Youth courts: power of stipendiary magistrates to sit alone.
- 49 Powers of magistrates’ courts exercisable by single justice etc.
- 50 Early administrative hearings.
- 50A Order of consideration for either-way offences
- 51 Sending cases to the Crown Court: adults
- 51A Sending cases to the Crown Court: children and young persons
- 51B Notices in serious or complex fraud cases
- 51C Notices in certain cases involving children
- 51D Notice of offence and place of trial
- 51E Interpretation of sections 50A to 51D
- 52 Provisions supplementing section 51 and 51A.
- 52A Restrictions on reporting
- 52B Offences in connection with reporting
- Miscellaneous
- 53 Crown Prosecution Service: powers of non-legal staff.
- 54 Bail: increased powers to require security or impose conditions.
- 55 Forfeiture of recognizances.
- 56 Bail: restrictions in certain cases of homicide or rape.
- 57 Use of live television links at preliminary hearings.
- Part 3A Live links for accused's attendance at certain preliminary , Sentencing and other hearings
- 57A Introductory
- 57B Use of live link at preliminary hearings where accused is in custody
- 57C Use of live link at preliminary hearings where accused is at police station
- 57D Continued use of live link for sentencing hearing following a preliminary hearing
- 57E Use of live link in sentencing hearings
- 57F Use of live link in certain enforcement hearings
- 57G Requirement to attend court, perjury
- Part IV Dealing with offenders
- Chapter I England and Wales
- Sexual or violent offenders
- 58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 59 Effect of extended sentences.
- 60 Re-release of prisoners serving extended sentences.
- Offenders dependent etc. on drugs
- 61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Young offenders: reprimands and warnings
- 65 Reprimands and warnings.
- 66 Effect of reprimands and warnings.
- Young offenders: youth cautions
- 66ZA Youth cautions
- 66ZB Effect of youth cautions
- Young offenders: youth conditional cautions
- 66A Youth conditional cautions
- 66B The five requirements
- 66BA Duty to consult victims
- 66C Financial penalties
- 66D Variation of conditions
- 66E Failure to comply with conditions
- 66F Restriction on sentencing powers where youth conditional caution given
- 66G Code of practice on youth conditional cautions
- Interpretation of Chapter 1
- 66H Interpretation
- Young offenders: non-custodial orders
- 67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 72 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Young offenders: detention and training orders
- 73 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 76 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 77 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 78 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 79 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Sentencing: general
- 80 Sentencing guidelines.
- 81 The Sentencing Advisory Panel.
- 82 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Miscellaneous and supplemental
- 83 Power to make confiscation orders on committal for sentence.
- 84 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Chapter II Scotland
- Sexual or violent offenders
- 86 Extended sentences for sex and violent offenders.
- 87 Further provision as to extended sentences.
- 88 Re-release of prisoners serving extended sentences.
- Offenders dependent etc. on drugs
- 89 Drug treatment and testing orders.
- 90 Requirements and provisions to be included in drug treatment and testing orders.
- 91 Procedural matters relating to drug treatment and testing orders.
- 92 Amendment and periodic review of drug treatment and testing orders.
- 93 Consequences of breach of drug treatment and testing order.
- 94 Combination of orders.
- 95 Interpretation provision in relation to drug treatment and testing orders.
- Racial aggravation
- 96 Offences racially aggravated.
- Part V Miscellaneous and supplemental
- Remands and committals
- 97 Remands and committals of children and young persons.
- 98 Remands and committals: alternative provision for 15 or 16 year old boys.
- Release and recall of prisoners
- 99 Power to release short-term prisoners on licence.
- 100 Curfew condition to be included in licence.
- 101 Early release: two or more sentences.
- 102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 103 Recall to prison of short-term prisoners.
- 104 Release on licence following recall to prison.
- 105 Release on licence following return to prison.
- Miscellaneous
- 106 Pre-consolidation amendments.
- 107 Amendments to Chapter I of Part II of 1997 Act.
- 108 Repeal of Chapter I of Part III of Crime and Punishment (Scotland) Act 1997.
- 109 Transitional provisions in relation to certain life prisoners.
- 110 Calculation of period of detention at customs office etc. where person previously detained.
- 111 Early release in Scotland: two or more sentences.
- 112 Restriction on consecutive sentences for released prisoners: Scotland.
- 113 Deputy authorising officer under Part III of Police Act 1997.
- Supplemental
- 114 Orders and regulations.
- 115 Disclosure of information.
- 116 Transitory provisions.
- 117 General interpretation.
- 118 Provision for Northern Ireland.
- 119 Minor and consequential amendments.
- 120 Transitional provisions, savings and repeals.
- 121 Short title, commencement and extent.
- SCHEDULES
- SCHEDULE 1 Schedule 2A to the Civic Government (Scotland) Act 1982
- SCHEDULE 2 The Youth Justice Board: further provisions
- Membership
- Members and employees
- House of Commons disqualification
- Procedure
- Annual reports and accounts
- Expenses
- SCHEDULE 3 Procedure where persons are sent for trial under section 51
- Regulations
- Applications for dismissal
- Reporting restrictions
- Power of justice to take depositions etc.
- Use of depositions as evidence
- Power of Crown Court to deal with summary offence
- Procedure where no indictable-only offence remains
- Procedure for determining whether offences of criminal damage etc. are summary offences
- Power of Crown Court, with consent of legally-represented accused, to proceed in his absence
- SCHEDULE 3A Prohibitions and limitations on use of live links
- PART 1 Directions under section 57B — preliminary hearings
- Introduction
- Use of audio links
- Disputed bail hearings
- Contempt of court
- Unfitness to plead
- Acceptance of a guilty plea
- Other limitations to apply also
- PART 2 Directions under section 57E — sentencing hearings
- Introduction
- Use of live audio links
- Other limitations to apply also
- PART 3 Directions under section 57F — enforcement hearings
- Introduction
- Use of live audio links
- Hearing where court minded to impose imprisonment or detention
- Contempt of court
- Other limitations to apply also
- Preliminary
- Meaning of “relevant order” etc.
- Breach of requirements of order
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Revocation of order
- Amendment of order
- Preliminary
- General power to discharge or vary order
- Failure to comply with order
- Presence of offender in court, remands etc.
- Supplemental
- SCHEDULE 6 Drug treatment and testing orders: amendment of the 1995 Act
- Part I Amendments relating to combination of orders
- Part II Amendments relating to appeals
- SCHEDULE 7 Pre-consolidation amendments: powers of criminal courts
- Children and Young Persons Act 1933 (c.12)
- Criminal Justice Act 1967 (c.80)
- Children and Young Persons Act 1969 (c.54)
- Criminal Justice Act 1972 (c.71)
- Powers of Criminal Courts Act 1973 (c.62)
- Magistrates’ Courts Act 1980 (c.43)
- Criminal Justice Act 1982 (c.48)
- Criminal Justice Act 1988 (c.33)
- Criminal Justice Act 1991 (c.53)
- Crime (Sentences) Act 1997 (c.43)
- SCHEDULE 8 Minor and consequential amendments
- Children and Young Persons Act 1933 (c.12)
- Administration of Justice (Miscellaneous Provisions) Act 1933 (c.36)
- Prison Act 1952 (c.52)
- Criminal Procedure (Attendance of Witnesses) Act 1965 (c.69)
- Criminal Justice Act 1967 (c.80)
- Criminal Appeal Act 1968 (c.19)
- Firearms Act 1968 (c.27)
- Children and Young Persons Act 1969 (c.54)
- Superannuation Act 1972 (c.11)
- Powers of Criminal Courts Act 1973 (c.62)
- Rehabilitation of Offenders Act 1974 (c.53)
- Bail Act 1976 (c.63)
- Magistrates’ Courts Act 1980 (c.43)
- Supreme Court Act 1981 (c.54)
- Criminal Justice Act 1982 (c.48)
- Mental Health Act 1983 (c.20)
- Mental Health (Scotland) Act 1984 (c.36)
- Repatriation of Prisoners Act 1984 (c.47)
- Police and Criminal Evidence Act 1984 (c.60)
- Prosecution of Offences Act 1985 (c.23)
- Criminal Justice Act 1987 (c.38)
- Criminal Justice Act 1988 (c.33)
- Legal Aid Act 1988 (c.34)
- Children Act 1989 (c.41)
- Prisons (Scotland) Act 1989 (c.45)
- Criminal Justice Act 1991 (c.53)
- Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9)
- Probation Service Act 1993 (c.47)
- Criminal Justice and Public Order Act 1994 (c.33)
- Drug Trafficking Act 1994 (c.37)
- Proceeds of Crime (Scotland) Act 1995 (c.43)
- Criminal Procedure (Scotland) Act 1995 (c.46)
- Criminal Procedure and Investigations Act 1996 (c.25)
- Crime (Sentences) Act 1997 (c.43)
- Crime and Punishment (Scotland) Act 1997 (c.48)
- Sex Offenders Act 1997 (c.51)
- SCHEDULE 9 Transitional provisions and savings
- Presumption of incapacity
- Effect of child’s silence at trial
- Sexual or violent offenders: extended sentences
- Drug treatment and testing orders
- Young offenders: cautions
- Abolition of secure training orders
- Sentencing guidelines
- Confiscation orders on committal for sentence
- Football spectators: failure to comply with reporting duty
- Power to release short-term prisoners on licence
- Early release: two or more sentences
- Recall to prison of short-term prisoners
- Release on licence following recall to prison
- Release on licence following return to prison
- Remand time: two or more sentences
- SCHEDULE 10 Repeals