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Crime and Disorder Act 1998

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Part IE+W+S Prevention of crime and disorder

Chapter IE+W England and Wales

Crime and disorder: generalE+W

1 Anti-social behaviour orders.E+W

(1)An application for an order under this section may be made by a relevant authority if it appears to the authority that the following conditions are fulfilled with respect to any person aged 10 or over, namely—

(a)that the person has acted, since the commencement date, in an anti-social manner, that is to say, 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; and

[F1(b)that such an order is necessary to protect relevant persons from further anti-social acts by him.

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F3(1A)In this section and sections [F41AA,] 1B [F5, [F61C, 1CA, 1E, IF and 1K]]relevant authority” means—

(a)the council for a local government area;

[F7(aa)in relation to England, a county council;]

(b)the chief officer of police of any police force maintained for a police area;

(c)the chief constable of the British Transport Police Force;F8. . .

[F9(ca)any non-profit registered provider of social housing which provides or manages any houses or hostel in a local government area;]

(d)any person registered under section 1 of the Housing Act 1996 (c. 52) as a social landlord who provides or manages any houses or hostel in a local government area;[F10 or

(e)a housing action trust established by order in pursuance of section 62 of the Housing Act 1988.]]

[F11(1B)In this section “relevant persons” means—

(a)in relation to a relevant authority falling within paragraph (a) of subsection (1A), persons within the local government area of that council;

[F12(aa)in relation to a relevant authority falling within paragraph (aa) of subsection (1A), persons within the county of the county council;]

(b)in relation to a relevant authority falling within paragraph (b) of that subsection, persons within the police area;

(c)in relation to a relevant authority falling within paragraph (c) of that subsection—

[F13(i)“persons who are within or likely to be within a place specified in section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003 in a local government area; or]

[F14(ii)persons who are within or likely to be within such a place;]

(d)in relation to a relevant authority falling within paragraph [F15(ca),] (d) [F16or (e)] of that subsection—

(i)persons who are residing in or who are otherwise on or likely to be on premises provided or managed by that authority; or

(ii)persons who are in the vicinity of or likely to be in the vicinity of such premises.]

(2)F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Such an application shall be made by complaint to [F18a magistrates' court].

(4)If, on such an application, it is proved that the conditions mentioned in subsection (1) above are fulfilled, the magistrates’ court may make an order under this section (an “anti-social behaviour order”) which prohibits the defendant from doing anything described in the order.

(5)For the purpose of determining whether the condition mentioned in subsection (1)(a) above is fulfilled, the court shall disregard any act of the defendant which he shows was reasonable in the circumstances.

[F19(5A)Nothing in this section affects the operation of section 127 of the Magistrates' Courts Act 1980 (limitation of time in respect of informations laid or complaints made in magistrates' court).]

[F20(6)The prohibitions that may be imposed by an anti-social behaviour order are those necessary for the purpose of protecting persons (whether relevant persons or persons elsewhere in England and Wales) from further anti-social acts by the defendant.]

(7)An anti-social behaviour order shall have effect for a period (not less than two years) specified in the order or until further order.

(8)Subject to subsection (9) below, the applicant or the defendant may apply by complaint to the court which made an anti-social behaviour order for it to be varied or discharged by a further order.

(9)Except with the consent of both parties, no anti-social behaviour order shall be discharged before the end of the period of two years beginning with the date of service of the order.

(10)If without reasonable excuse a person does anything which he is prohibited from doing by an anti-social behaviour order, he [F21is guilty of an offence and] 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; or

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

[F22(10A)The following may bring proceedings for an offence under subsection (10)—

(a)a council which is a relevant authority;

(b)the council for the local government area in which a person in respect of whom an anti-social behaviour order has been made resides or appears to reside.

(10B)If proceedings for an offence under subsection (10) are brought in a youth court section 47(2) of the Children and Young Persons Act 1933 (c. 12) has effect as if the persons entitled to be present at a sitting for the purposes of those proceedings include one person authorised to be present by a relevant authority.]

[F23(10C)In proceedings for an offence under subsection (10), a copy of the original anti-social behaviour order, certified as such by the proper officer of the court which made it, is admissible as evidence of its having been made and of its contents to the same extent that oral evidence of those things is admissible in those proceedings.]

[F24(10D)In relation to proceedings brought against a child or a young person for an offence under subsection (10)—

(a)section 49 of the Children and Young Persons Act 1933 (restrictions on reports of proceedings in which children and young persons are concerned) does not apply in respect of the child or young person against whom the proceedings are brought;

(b)section 45 of the Youth Justice and Criminal Evidence Act 1999 (power to restrict reporting of criminal proceedings involving persons under 18) does so apply.

(10E)If, in relation to any such proceedings, the court does exercise its power to give a direction under section 45 of the Youth Justice and Criminal Evidence Act 1999, it shall give its reasons for doing so.]

(11)Where a person is convicted of an offence under subsection (10) above, it shall not be open to the court by or before which he is so convicted to make an order under subsection (1)(b) (conditional discharge) of [F25section 12 of the Powers of Criminal Courts (Sentencing) Act 2000] in respect of the offence.

(12)In this section—

  • [F26British Transport Police Force” means the force of constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix);]

  • [F27child” and “young person” shall have the same meaning as in the Children and Young Persons Act 1933;]

  • the commencement date” means the date of the commencement of this section;

  • local government area” means—

    (a)

    in relation to England, a district or London borough, the City of London, the Isle of Wight and the Isles of Scilly;

    (b)

    in relation to Wales, a county or county borough.

  • F28. . .

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Amendments (Textual)

F8Word following s. 1(1A)(c) repealed (20.1.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 85(2)(b), 92, 93(1), Sch. 3; S.I. 2003/3300, art. 2(f)(i)(g)(ii)(e)

F10S. 1(1A)(e) and preceding word inserted (20.1.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 85(2)(c), 93(1); S.I. 2003/3300, art. 2(f)(i)

F14S. 1(1B)(c)(ii) substituted (1.7.2004) by The British Transport Police (Transitional and Consequential Provisions) Order 2004 (S.I. 2004 /1573), {art. 12(5)(b)}

F21Words in s. 1(10) substituted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 61(8) (with s. 61(10)); S.I. 2002/2750 {art. 2(a)(vii)}

F22S. 1(10A)(10B) inserted (20.1.2004 in relation to s. 1(10B) and 31.3.2004 otherwise) by Anti-social Behaviour Act 2003 (c. 38), ss. 85(4), 93(1); S.I. 2003/3300, art. 2(f)(i); S.I. 2004/690, art. 2(b)(i)

F25Words in s. 1(11) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 192

F26S. 1(12): definition of "British Transport Police Force" inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 61(9) (with s. 61(10)); S.I. 2002/2750, art. 2(a)(vii); and that definition ceased to have effect (1.7.2004) by virtue of Railways and Transport Safety Act 2003 (c. 20), ss. 73, 120(1), Sch. 5 para. 4(1)(b)(2)(j); S.I. 2004/1572, art. 3(jjj)

F27S. 1(12): definition of "child" and "young person" in s. 1(12) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 141(2)(b), 178(8); S.I. 2005/1521, art. 3(1)(s)

Modifications etc. (not altering text)

C2S. 1(11) modified (30.9.1998) by 1991 c. 53, Sch. 2 para. 8A(10) (as inserted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 46(11); S.I. 1998/2327, art. 2(1)(w) (with savings in arts. 5-8))

[F291A Power of Secretary of State to add to relevant authoritiesE+W

[F30(1)]The Secretary of State may by order provide that the chief officer of a body of constables maintained otherwise than by a [F31local policing body] is, in such cases and circumstances as may be prescribed by the order, to be a relevant authority for the purposes of section 1 above.

[F32(2)The Secretary of State may by order—

(a)provide that a person or body of any other description specified in the order is, in such cases and circumstances as may be prescribed by the order, to be a relevant authority for the purposes of such of sections 1 above and 1B, 1CA and 1E below as are specified in the order; and

(b)prescribe the description of persons who are to be “relevant persons” in relation to that person or body.]]

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Amendments (Textual)

[F331AAIndividual support ordersE+W

[F34(1)This section applies where a court makes an anti-social behaviour order in respect of a defendant who is a child or young person when that order is made.

(1A)This section also applies where—

(a)an anti-social behaviour order has previously been made in respect of such a defendant;

(b)an application is made by complaint to the court which made that order, by the relevant authority which applied for it, for an order under this section; and

(c)at the time of the hearing of the application—

(i)the defendant is still a child or young person, and

(ii)the anti-social behaviour order is still in force.

(1B)The court must consider whether the individual support conditions are fulfilled and, if satisfied that they are, must make an individual support order.

(2)An individual support order is an order which—]

(a)requires the defendant to comply, for a period not exceeding six months, with such requirements as are specified in the order; and

(b)requires the defendant to comply with any directions given by the responsible officer with a view to the implementation of the requirements under paragraph (a) above.

(3)The individual support conditions are—

(a)that an individual support order would be desirable in the interests of preventing any repetition of the kind of behaviour which led to [F35 the making of—

(i)the anti-social behaviour order, or

(ii)an order varying that order (in a case where the variation is made as a result of further anti-social behaviour by the defendant);]

(b)that the defendant is not already subject to an individual support order; and

(c)that the court has been notified by the Secretary of State that arrangements for implementing individual support orders are available in the area in which it appears to it that the defendant resides or will reside and the notice has not been withdrawn.

(4)If the court is not satisfied that the individual support conditions are fulfilled, it shall state in open court that it is not so satisfied and why it is not.

(5)The requirements that may be specified under subsection (2)(a) above are those that the court considers desirable in the interests of preventing any repetition of the kind of behaviour [F36mentioned in subsection (3)(a) above].

(6)Requirements included in an individual support order, or directions given under such an order by a responsible officer, may require the defendant to do all or any of the following things—

(a)to participate in activities specified in the requirements or directions at a time or times so specified;

(b)to present himself to a person or persons so specified at a place or places and at a time or times so specified;

(c)to comply with any arrangements for his education so specified.

(7)But requirements included in, or directions given under, such an order may not require the defendant to attend (whether at the same place or at different places) on more than two days in any week; and “week” here means a period of seven days beginning with a Sunday.

(8)Requirements included in, and directions given under, an individual support order shall, as far as practicable, be such as to avoid—

(a)any conflict with the defendant’s religious beliefs; and

(b)any interference with the times, if any, at which he normally works or attends school or any other educational establishment.

(9)Before making an individual support order, the court shall obtain from a social worker of a local authority F37. . . or a member of a youth offending team any information which it considers necessary in order—

(a)to determine whether the individual support conditions are fulfilled, or

(b)to determine what requirements should be imposed by an individual support order if made,

and shall consider that information.

(10)In this section and section 1AB below “responsible officer”, in relation to an individual support order, means one of the following who is specified in the order, namely—

(a)a social worker of a local authority F37. . . ;

(b)a person nominated by [F38a person appointed as director of children’s services under section 18 of the Children Act 2004 or by] a person appointed as chief education officer under section 532 of the Education Act 1996 (c. 56);

(c)a member of a youth offending team.

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Amendments (Textual)

F34S. 1AA(1)-(1B) and words in s. 1AA(2) substituted for s. 1AA(1) and words in s. 1AA(2) (1.2.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 124(1), 153(7) (with Sch. 27 para. 34); S.I. 2009/140, art. 2(c)

F37Words in s. 1AA(9)(10) repealed (1.4.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 64, 67(8), Sch. 5 Pt. 4, Note; S.I. 2005/394, art. 2(2)(g); S.I. 2006/885, art. 2(2)(h)

F38Words s. 1AA(10)(b) inserted (with effect for specified purposes as mentioned in s. 18(9)(a) of the amending Act, otherwise 1.1.2008) by virtue of Children Act 2004 (c. 31), ss. 18(9)(10), 67(2), Sch. 2 para. 8; S.I. 2007/1792, art. 2

1ABIndividual support orders: explanation, breach, amendment etcE+W

(1)Before making an individual support order, the court shall explain to the defendant 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 (3) below) if he fails to comply with any of those requirements; and

(c)that the court has power (under subsection (6) below) to review the order on the application either of the defendant or of the responsible officer.

(2)The power of the Secretary of State under section 174(4) of the Criminal Justice Act 2003 includes power by order to—

(a)prescribe cases in which subsection (1) above does not apply; and

(b)prescribe cases in which the explanation referred to in that subsection may be made in the absence of the defendant, or may be provided in written form.

(3)If the person in respect of whom an individual support order is made fails without reasonable excuse to comply with any requirement included in the order, he is guilty of an offence and liable on summary conviction to a fine not exceeding—

(a)if he is aged 14 or over at the date of his conviction, £1,000;

(b)if he is aged under 14 then, £250.

(4)No referral order under section 16(2) or (3) of the Powers of Criminal Courts (Sentencing) Act 2000 (referral of young offenders to youth offender panels) may be made in respect of an offence under subsection (3) above.

(5)If the anti-social behaviour order as a result of which an individual support order was made ceases to have effect, the individual support order (if it has not previously ceased to have effect) ceases to have effect when the anti-social behaviour order does.

[F39(5A)The period specified as the term of an individual support order made on an application under section 1AA(1A) above must not be longer than the remaining part of the term of the anti-social behaviour order as a result of which it is made.]

(6)On an application made by complaint by—

(a)the person subject to an individual support order, or

(b)the responsible officer,

the court which made the individual support order may vary or discharge it by a further order.

(7)If the anti-social behaviour order as a result of which an individual support order was made is varied, the court varying the anti-social behaviour order may by a further order vary or discharge the individual support order.]

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Amendments (Textual)

[F401B Orders in county court proceedingsE+W

(1)This section applies to any proceedings in a county court (“the principal proceedings”).

(2)If a relevant authority—

(a)is a party to the principal proceedings, and

(b)considers that a party to those proceedings is a person in relation to whom it would be reasonable for it to make an application under section 1,

it may make an application in those proceedings for an order under subsection (4).

(3)If a relevant authority—

(a)is not a party to the principal proceedings, and

(b)considers that a party to those proceedings is a person in relation to whom it would be reasonable for it to make an application under section 1,

it may make an application to be joined to those proceedings to enable it to apply for an order under subsection (4) and, if it is so joined, may apply for such an order.

[F41(3A)Subsection (3B) applies if a relevant authority is a party to the principal proceedings and considers—

(a)that a person who is not a party to the proceedings has acted in an anti-social manner, and

(b)that the person’s anti-social acts are material in relation to the principal proceedings.

(3B)The relevant authority may—

(a)make an application for the person mentioned in subsection (3A)(a) to be joined to the principal proceedings to enable an order under subsection (4) to be made in relation to that person;

(b)if that person is so joined, apply for an order under subsection (4).

(3C)But a person must not be joined to proceedings in pursuance of subsection (3B) unless his anti-social acts are material in relation to the principal proceedings.]

(4)If, on an application for an order under this subsection, it is proved that the conditions mentioned in section 1(1) are fulfilled as respects that other party, the court may make an order which prohibits him from doing anything described in the order.

(5)Subject to subsection (6), the [F42person] against whom an order under this section has been made and the relevant authority on whose application that order was made may apply to the county court which made an order under this section for it to be varied or discharged by a further order.

(6)Except with the consent of the relevant authority and the person subject to the order, no order under this section shall be discharged before the end of the period of two years beginning with the date of service of the order.

(7)Subsections (5) to (7) and (10) to (12) of section 1 apply for the purposes of the making and effect of orders made under this section as they apply for the purposes of the making and effect of anti-social behaviour orders.

[F43(8)Sections 1AA and 1AB apply in relation to orders under this section, with any necessary modifications, as they apply in relation to anti-social behaviour orders.

(9)In their application by virtue of subsection (8), sections 1AA(1A)(b) and 1AB(6) have effect as if the words “by complaint” were omitted.]]

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Amendments (Textual)

F41S. 1B(3A)-(3C) inserted (31.3.2004 for specified purposes, 1.10.2004 (temp. to 30.9.2006) for further specified purposes, otherwise prosp.) by Anti-social Behaviour Act 2003 (c. 38), ss. 85(5), 93(1); S.I. 2004/690, art. 2(b)(ii); S.I. 2004/2168, art. 4 (as amended by S.I. 2006/835, art. 2)

F42Words in s. 1B(5) substituted (31.3.2004 for specified purposes, otherwise 30.9.2004) by Anti-social Behaviour Act 2003 (c. 38), s. 85(6), 93(1) ; S.I. 2004/690, art. 2(b)(ii); S.I. 2004/2168, art. 2(a)(i)

[F441C Orders on conviction in criminal proceedingsE+W

(1)This section applies where a person (the “offender”) is convicted of a relevant offence.

(2)If the court considers—

(a)that the offender has acted, at any time since the commencement date, in an anti-social manner, that is to say 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, and

(b)that an order under this section is necessary to protect persons in any place in England and Wales from further anti-social acts by him,

it may make an order which prohibits the offender from doing anything described in the order.

(3)The court may make an order under this section

[F45(a)if the prosecutor asks it to do so, or

(b)if the court thinks it is appropriate to do so.]

[F46(3A)For the purpose of deciding whether to make an order under this section the court may consider evidence led by the prosecution and the defence.

(3B)It is immaterial whether evidence led in pursuance of subsection (3A) would have been admissible in the proceedings in which the offender was convicted.]

(4)An order under this section shall not be made except—

(a)in addition to a sentence imposed in respect of the relevant offence; or

(b)in addition to an order discharging him conditionally.

[F47(4A)The court may adjourn any proceedings in relation to an order under this section even after sentencing the offender.

(4B)If the offender does not appear for any adjourned proceedings, the court may further adjourn the proceedings or may issue a warrant for his arrest.

(4C)But the court may not issue a warrant for the offender's arrest unless it is satisfied that he has had adequate notice of the time and place of the adjourned proceedings.]

(5)An order under this section takes effect on the day on which it is made, but the court may provide in any such order that such requirements of the order as it may specify shall, during any period when the offender is detained in legal custody, be suspended until his release from that custody.

(6)F48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)F48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)F48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)Subsections (7), (10) [F49, (10C)][F50, (10D), (10E)] and (11) of section 1 apply for the purposes of the making and effect of orders made by virtue of this section as they apply for the purposes of the making and effect of anti-social behaviour orders.

[F51(9ZA)An order under this section made in respect of a person under the age of 17, or an order varying such an order, may specify a relevant authority (other than the chief officer of police mentioned in section 1K(2)(a)) as being responsible for carrying out a review under section 1J of the operation of the order.]

[F52(9A)The council for the local government area in which a person in respect of whom an anti-social behaviour order has been made resides or appears to reside may bring proceedings under section 1(10) (as applied by subsection (9) above) for breach of an order under subsection (2) above.

[F53(9AA)Sections 1AA and 1AB apply in relation to orders under this section, with any necessary modifications, as they apply in relation to anti-social behaviour orders.

(9AB)In their application by virtue of subsection (9AA), sections 1AA(1A)(b) and 1AB(6) have effect as if the words “by complaint” were omitted.

(9AC)In its application by virtue of subsection (9AA), section 1AA(1A)(b) has effect as if the reference to the relevant authority which applied for the anti-social behaviour order were a reference to the chief officer of police, or other relevant authority, responsible under section 1K(2)(a) or (b) for carrying out a review of the order under this section.]

(9B)Subsection (9C) applies in relation to proceedings in which an order under subsection (2) is made against a child or young person who is convicted of an offence.

(9C)In so far as the proceedings relate to the making of the order—

(a)section 49 of the Children and Young Persons Act 1933 (c. 12) (restrictions on reports of proceedings in which children and young persons are concerned) does not apply in respect of the child or young person against whom the order is made;

(b)section 39 of that Act (power to prohibit publication of certain matter) does so apply.]

(10)In this section—

  • [F54child” and “young person” have the same meaning as in the Children and Young Persons Act 1933 (c. 12);]

  • the commencement date” has the same meaning as in section 1 above;

  • the court” in relation to an offender means—

    (a)

    the court by or before which he is convicted of the relevant offence; or

    (b)

    if he is committed to the Crown Court to be dealt with for that offence, the Crown Court; and

  • relevant offence” means an offence committed after the coming into force of section 64 of the Police Reform Act 2002 (c. 30).]

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Amendments (Textual)

F45S. 1C(3)(a)(b) substituted (31.3.2004) for words in s. 10(3) by Anti-social Behaviour Act 2003 (c. 38), s. 86(1), 93(1); S.I. 2004/690, art. 2(b)(iii)

F52S. 1C(9A)-(9C) inserted (20.1.2004 in relation to s. 1C(9B)(9C), otherwise 31.3.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 86(3), 93(1); S.I. 2003/3300, art. 2(f)(ii); S.I. 2004/690 {art. 2(b)(iii)}

F54S. 1C(10): definitions of "child" and "young person" inserted (20.1.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 86(4), 93(1); S.I. 2003/3300, art. 2(f)(ii)

[F551CAVariation and discharge of orders under section 1CE+W

(1)An offender subject to an order under section 1C may apply to the court which made it for it to be varied or discharged.

(2)If he does so, he must also send written notice of his application to the Director of Public Prosecutions.

(3)The Director of Public Prosecutions may apply to the court which made an order under section 1C for it to be varied or discharged.

(4)A relevant authority may also apply to the court which made an order under section 1C for it to be varied or discharged if it appears to it that—

(a)in the case of variation, the protection of relevant persons from anti-social acts by the person subject to the order would be more appropriately effected by a variation of the order;

(b)in the case of discharge, that it is no longer necessary to protect relevant persons from anti-social acts by him by means of such an order.

(5)If the Director of Public Prosecutions or a relevant authority applies for the variation or discharge of an order under section 1C, he or it must also send written notice of the application to the person subject to the order.

(6)In the case of an order under section 1C made by a magistrates' court, the references in subsections (1), (3) and (4) to the court by which the order was made include a reference to any magistrates' court acting in the same local justice area as that court.

(7)No order under section 1C shall be discharged on an application under this section before the end of the period of two years beginning with the day on which the order takes effect, unless—

(a)in the case of an application under subsection (1), the Director of Public Prosecutions consents, or

(b)in the case of an application under subsection (3) or (4), the offender consents.]

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Amendments (Textual)

[F561D Interim ordersE+W

[F57(1)This section applies where—

(a)an application is made for an anti-social behaviour order;

(b)an application is made for an order under section 1B;

(c)a request is made by the prosecution for an order under section 1C; or

(d)the court is minded to make an order under section 1C of its own motion.

(2)If, before determining the application or request, or before deciding whether to make an order under section 1C of its own motion, the court considers that it is just to make an order under this section pending the determination of that application or request or before making that decision, it may make such an order.]

(3)An order under this section is an order which prohibits the defendant from doing anything described in the order.

(4)An order under this section—

(a)shall be for a fixed period;

(b)may be varied, renewed or discharged;

(c)shall, if it has not previously ceased to have effect, cease to have effect on the determination of the [F58application or request mentioned in subsection (1), or on the court's making a decision as to whether or not to make an order under section 1C of its own motion.]

(5)[F59In relation to cases to which this section applies by virtue of paragraph (a) or (b) of subsection (1),] subsections (6), (8) and (10) to (12) of section 1 apply for the purposes of the making and effect of orders under this section as they apply for the purposes of the making and effect of anti-social behaviour orders.

[F60(6)In relation to cases to which this section applies by virtue of paragraph (c) or (d) of subsection (1)—

(a)subsections (6) and (10) to (12) of section 1 apply for the purposes of the making and effect of orders under this section as they apply for the purposes of the making and effect of anti-social behaviour orders; and

(b)section 1CA applies for the purposes of the variation or discharge of an order under this section as it applies for the purposes of the variation or discharge of an order under section 1C.]]

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Amendments (Textual)

F56S. 1D inserted (2.12.2002 in relation to s. 1D(1)(a)(2)-(5), otherwise 1.4.2003) by Police Reform Act 2002 (c. 30), ss. 65(1), 108(2); S.I. 2002/2750, art. 2(a)(vii); S.I. 2003/808, art. 2(f)

[F611E Consultation requirementsE+W

(1)This section applies to—

(a)applications for an anti-social behaviour order; and

(b)applications for an order under section 1B.

(2)Before making an application to which this section applies, the council for a local government area shall consult the chief officer of police of the police force maintained for the police area within which that local government area lies.

(3)Before making an application to which this section applies, a chief officer of police shall consult the council for the local government area in which the person in relation to whom the application is to be made resides or appears to reside.

(4)Before making an application to which this section applies, a relevant authority other than a council for a local government area or a chief officer of police shall consult—

(a)the council for the local government area in which the person in relation to whom the application is to be made resides or appears to reside; and

(b)the chief officer of police of the police force maintained for the police area within which that local government area lies.

[F62(5)Subsection (4)(a) does not apply if the relevant authority is a county council for a county in which there are no districts.]]

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Amendments (Textual)

F61S. 1E inserted (2.12.2002 in relation to s. 1E(1)(a)(2)-(4), otherwise 1.4.2003) by Police Reform Act 2002 (c. 30), s. 66; S.I. 2002/2750, art. 2(a)(vii); S.I. 2003/808, art. 2(f)

[F631FContracting out of local authority functionsE+W

(1)The Secretary of State may by order provide that a relevant authority which is a local authority may make arrangements with a person specified (or of a description specified) in the order for the exercise of any function it has under sections 1 to 1E above—

(a)by such a person, or

(b)by an employee of his.

(2)The order may provide—

(a)that the power of the relevant authority to make the arrangements is subject to such conditions as are specified in the order;

(b)that the arrangements must be subject to such conditions as are so specified;

(c)that the arrangements may be made subject to such other conditions as the relevant authority thinks appropriate.

(3)The order may provide that the arrangements may authorise the exercise of the function—

(a)either wholly or to such extent as may be specified in the order or arrangements;

(b)either generally or in such cases or areas as may be so specified.

(4)An order may provide that the person with whom arrangements are made in pursuance of the order is to be treated as if he were a public body for the purposes of section 1 of the Local Authorities (Goods and Services) Act 1970.

(5)The Secretary of State must not make an order under this section unless he first consults—

(a)the National Assembly for Wales, if the order relates to a relevant authority in Wales;

(b)such representatives of local government as he thinks appropriate;

(c)such other persons as he thinks appropriate.

(6)Any arrangements made by a relevant authority in pursuance of an order under this section do not prevent the relevant authority from exercising the function to which the arrangements relate.

(7)The following provisions of the Deregulation and Contracting Out Act 1994 apply for the purposes of arrangements made in pursuance of an order under this section as they apply for the purposes of an authorisation to exercise functions by virtue of an order under section 70(2) of that Act—

(a)section 72 (effect of contracting out);

(b)section 73 (termination of contracting out);

(c)section 75 and Schedule 15 (provision relating to disclosure of information);

(d)paragraph 3 of Schedule 16 (authorised persons to be treated as officers of local authority).

(8)For the purposes of subsection (7), any reference in the provisions specified in paragraphs (a) to (d) to a person authorised to exercise a function must be construed as a reference to a person with whom an arrangement is made for the exercise of the function in pursuance of an order under this section.

(9)Relevant authorities and any person with whom arrangements are made in pursuance of an order under this section must have regard to any guidance issued by the Secretary of State for the purposes of this section.

(10)An order under this section may make different provision for different purposes.

(11)An order under this section may contain—

(a)such consequential, supplemental or incidental provisions (including provision modifying any enactment), or

(b)such transitional provisions or savings,

as the person making the order thinks appropriate.

(12)Each of the following is a local authority—

(a)a local authority within the meaning of section 270 of the Local Government Act 1972;

(b)the Common Council of the City of London;

(c)the Council of the Isles of Scilly.]

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Amendments (Textual)

[F641GIntervention ordersE+W

(1)This section applies if, in relation to a person who has attained the age of 18, a relevant authority—

(a)makes an application for an anti-social behaviour order or an order under section 1B above (the behaviour order),

(b)has obtained from an appropriately qualified person a report relating to the effect on the person's behaviour of the misuse of controlled drugs or of such other factors as the Secretary of State by order prescribes, and

(c)has engaged in consultation with such persons as the Secretary of State by order prescribes for the purpose of ascertaining that, if the report recommends that an order under this section is made, appropriate activities will be available.

(2)The relevant authority may make an application to the court which is considering the application for the behaviour order for an order under this section (an intervention order).

(3)If the court—

(a)makes the behaviour order, and

(b)is satisfied that the relevant conditions are met,

it may also make an intervention order.

(4)The relevant conditions are—

(a)that an intervention order is desirable in the interests of preventing a repetition of the behaviour which led to the behaviour order being made (trigger behaviour);

(b)that appropriate activities relating to the trigger behaviour or its cause are available for the defendant;

(c)that the defendant is not (at the time the intervention order is made) subject to another intervention order or to any other treatment relating to the trigger behaviour or its cause (whether on a voluntary basis or by virtue of a requirement imposed in pursuance of any enactment);

(d)that the court has been notified by the Secretary of State that arrangements for implementing intervention orders are available in the area in which it appears that the defendant resides or will reside and the notice has not been withdrawn.

(5)An intervention order is an order which—

(a)requires the defendant to comply, for a period not exceeding six months, with such requirements as are specified in the order, and

(b)requires the defendant to comply with any directions given by a person authorised to do so under the order with a view to the implementation of the requirements under paragraph (a) above.

(6)An intervention order or directions given under the order may require the defendant—

(a)to participate in the activities specified in the requirement or directions at a time or times so specified;

(b)to present himself to a person or persons so specified at a time or times so specified.

(7)Requirements included in, or directions given under, an intervention order must, as far as practicable, be such as to avoid—

(a)any conflict with the defendant's religious beliefs, and

(b)any interference with the times (if any) at which he normally works or attends an educational establishment.

(8)If the defendant fails to comply with a requirement included in or a direction given under an intervention order, the person responsible for the provision or supervision of appropriate activities under the order must inform the relevant authority of that fact.

(9)The person responsible for the provision or supervision of appropriate activities is a person of such description as is prescribed by order made by the Secretary of State.

(10)In this section—

  • appropriate activities” means such activities, or activities of such a description, as are prescribed by order made by the Secretary of State for the purposes of this section;

  • appropriately qualified person” means a person who has such qualifications or experience as the Secretary of State by order prescribes;

  • controlled drug” has the same meaning as in the Misuse of Drugs Act 1971;

  • relevant authority” means a relevant authority for the purposes of section 1 above.

(11)An order under this section made by the Secretary of State may make different provision for different purposes.

(12)This section and section 1H below apply to a person in respect of whom a behaviour order has been made subject to the following modifications—

(a)in subsection (1) above paragraph (a) must be ignored;

(b)in subsection (2) above, for “is considering the application for” substitute made;

(c)in subsection (3) above paragraph (a), the word “and” following it and the word “also” must be ignored.

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Amendments (Textual)

F64Ss. 1G, 1H inserted (1.10.2006) by Drugs Act 2005 (c. 17), ss. 20(1), 24(3), S.I. 2006/2136, {art. 2}

1HIntervention orders: explanation, breach, amendment etc.E+W

(1)Before making an intervention order the court must explain to the defendant 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 (3) 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 defendant or of the relevant authority.

(2)The power of the Secretary of State under section 174(4) of the Criminal Justice Act 2003 includes power by order to—

(a)prescribe cases in which subsection (1) does not apply, and

(b)prescribe cases in which the explanation referred to in that subsection may be made in the absence of the defendant, or may be provided in written form.

(3)If a person in respect of whom an intervention order is made fails without reasonable excuse to comply with any requirement included in the order he is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(4)If the behaviour order as a result of which an intervention order is made ceases to have effect, the intervention order (if it has not previously ceased to have effect) ceases to have effect when the behaviour order does.

(5)On an application made by—

(a)a person subject to an intervention order, or

(b)the relevant authority,

the court which made the intervention order may vary or discharge it by a further order.

(6)An application under subsection (5) made to a magistrates' court must be made by complaint.

(7)If the behaviour order as a result of which an intervention order was made is varied, the court varying the behaviour order may by a further order vary or discharge the intervention order.

(8)Expressions used in this section and in section 1G have the same meaning in this section as in that section.]

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Amendments (Textual)

F64Ss. 1G, 1H inserted (1.10.2006) by Drugs Act 2005 (c. 17), ss. 20(1), 24(3), S.I. 2006/2136, {art. 2}

[F651ISpecial measures for witnessesE+W

(1)This section applies to the following proceedings—

(a)any proceedings in a magistrates' court on an application for an anti-social behaviour order,

(b)any proceedings in a magistrates' court or the Crown Court so far as relating to the issue whether to make an order under section 1C, and

(c)any proceedings in a magistrates' court so far as relating to the issue whether to make an order under section 1D.

(2)Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999 (special measures directions in the case of vulnerable and intimidated witnesses) shall apply in relation to any such proceedings as it applies in relation to criminal proceedings, but with—

(a)the omission of the provisions of that Act mentioned in subsection (3) (which make provision appropriate only in the context of criminal proceedings), and

(b)any other necessary modifications.

(3)The provisions are—

(a)section 17(4)[F66 to (7)],

(b)[F67section 21(4C)(e)],

(c)F68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F69(ca)section 22A,]

(d)section 27(10), and

(e)section 32.

(4)Any rules of court made under or for the purposes of Chapter 1 of Part 2 of that Act shall apply in relation to proceedings to which this section applies—

(a)to such extent as may be provided by rules of court, and

(b)subject to such modifications as may be so provided.

(5)Section 47 of that Act (restrictions on reporting special measures directions etc.) applies, with any necessary modifications, in relation to—

(a)a direction under section 19 of the Act as applied by this section, or

(b)a direction discharging or varying such a direction,

and sections 49 and 51 of that Act (offences) apply accordingly.]

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Amendments (Textual)

[F701JReview of orders under sections 1, 1B and 1CE+W

(1)This section applies where—

(a)an anti-social behaviour order,

(b)an order under section 1B, or

(c)an order under section 1C,

has been made in respect of a person under the age of 17.

(2)If—

(a)the person subject to the order will be under the age of 18 at the end of a period specified in subsection (3) (a “review period”), and

(b)the term of the order runs until the end of that period or beyond,

then before the end of that period a review of the operation of the order shall be carried out.

(3)The review periods are—

(a)the period of 12 months beginning with—

(i)the day on which the order was made, or

(ii)if during that period there is a supplemental order (or more than one), the date of the supplemental order (or the last of them);

(b)a period of 12 months beginning with—

(i)the day after the end of the previous review period, or

(ii)if during that period there is a supplemental order (or more than one), the date of the supplemental order (or the last of them).

(4)In subsection (3) “supplemental order” means—

(a)a further order varying the order in question;

(b)an individual support order made in relation to the order in question on an application under section 1AA(1A).

(5)Subsection (2) does not apply in relation to any review period if the order is discharged before the end of that period.

(6)A review under this section shall include consideration of—

(a)the extent to which the person subject to the order has complied with it;

(b)the adequacy of any support available to the person to help him comply with it;

(c)any matters relevant to the question whether an application should be made for the order to be varied or discharged.

(7)Those carrying out or participating in a review under this section shall have regard to any guidance issued by the Secretary of State when considering—

(a)how the review should be carried out;

(b)what particular matters should be dealt with by the review;

(c)what action (if any) it would be appropriate to take in consequence of the findings of the review.

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Amendments (Textual)

1KResponsibility for, and participation in, reviews under section 1JE+W

(1)A review under section 1J of an anti-social behaviour order or an order under section 1B shall be carried out by the relevant authority that applied for the order.

(2)A review under section 1J of an order under section 1C shall be carried out—

(a)(except where paragraph (b) applies) by the appropriate chief officer of police;

(b)where a relevant authority is specified under section 1C(9ZA), by that authority.

(3)A local authority, in carrying out a review under section 1J, shall act in co-operation with the appropriate chief officer of police; and it shall be the duty of that chief officer to co-operate in the carrying out of the review.

(4)The chief officer of police of a police force, in carrying out a review under section 1J, shall act in co-operation with the appropriate local authority; and it shall be the duty of that local authority to co-operate in the carrying out of the review.

(5)A relevant authority other than a local authority or chief officer of police, in carrying out a review under section 1J, shall act in co-operation with—

(a)the appropriate local authority, and

(b)the appropriate chief officer of police;

and it shall be the duty of that local authority and that chief officer to co-operate in the carrying out of the review.

(6)A chief officer of police or other relevant authority carrying out a review under section 1J may invite the participation in the review of a person or body not required by subsection (3), (4) or (5) to co-operate in the carrying out of the review.

(7)In this section—

  • the appropriate chief officer of police” means the chief officer of police of the police force maintained for the police area in which the person subject to the order resides or appears to reside;

  • the appropriate local authority” means the council for the local government area (within the meaning given in section 1(12)) in which the person subject to the order resides or appears to reside.]

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Amendments (Textual)

2 Sex offender orders.E+W

F71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

[F722A Interim orders: sex offendersE+W

F73. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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Amendments (Textual)

[F742B Sex offender orders made in Scotland or Northern IrelandE+W

F75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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Amendments (Textual)

3 Sex offender orders: supplemental.E+W

F76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

4 Appeals against orders.E+W

(1)An appeal shall lie to the Crown Court against the making by a magistrates’ court of an anti-social behaviour order [F77, an individual support order][F78, an order under section 1D above,]F79. . . .

(2)On such an appeal 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 Crown Court made on an appeal under this section (other than one directing that an application be re-heard by a magistrates’ court) shall, for the purposes of section 1(8) [F80, 1AB(6)]F79. . . be treated as if it were an order of the magistrates’ court from which the appeal was brought and not an order of the Crown Court.

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Amendments (Textual)

F77Words in s. 4(1) inserted (1.5.2004) by Criminal Justice Act 2003 (c. 44), ss. 323(2)(a), 336(3); S.I. 2004/829 {art. 3(2)(b)}

F80Words in s. 4(3) inserted (1.5.2004) by Criminal Justice Act 2003 (c. 44), ss. 323(2)(b), 336(3); S.I. 2004/829 {art. 3(2)(b)}

Commencement Information

I1S. 4 wholly in force at 1.4.1999; S. 4 not in force at Royal Assent, see s. 121; s. 4 in force so far as relating to a sex offender order by S.I. 1998/2327, art. 4(1); S. 4 in force at 1.4.1999 to the extent that it is not already in force by S.I. 1998/3263, art. 5

Crime and disorder strategiesE+W

5 Authorities responsible for strategies.E+W

(1)Subject to the provisions of this section, the functions conferred by [F81or 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; [F82and]

[F83(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.

F84[F85(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)every [F86fire and rescue authority] any part of whose area so lies;

(e)if the local government area is in England, every [F87clinical commissioning group] the whole or any part of whose area so lies; and

(f)if the local government area is in Wales, every [F88Local Health Board] the whole or any part of whose area so lies.]

[F89(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.]

[F90(1C)[F91A 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 [F92a 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—

    (a)

    section 19 of the Police and Justice Act 2006;

    (b)

    section 20 of that Act and any regulations made under that section;

    (c)

    Schedule 8 to that Act;

    (d)

    section [F939F, 9FA or] 21 of the Local Government Act 2000.]

[F94(1E)The “relevant local policing body”, in relation to a combined area, is—

(a)if the area falls (wholly or partly) within the police area of a police and crime commissioner, the commissioner,

(b)if the area falls (wholly or partly) within the metropolitan police district, the Mayor's Office for Policing and Crime, and

(c)if the area falls partly within the City of London, the Secretary of State.

(1F)If there is more than one relevant local policing body in relation to a combined area by virtue of subsection (1E), the references in subsection (1A) above and section 5A(2) to the relevant local policing body in relation to the combined area are references to each of the relevant local policing bodies for that area acting jointly.]

(2)In exercising [F95the functions conferred by or under section 6], the responsible authorities shall act in co-operation with the following persons and bodies, namely—

[F96(b)every local probation board any part of whose area lies within the area;

[F97(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 [F98; 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 [F95the 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 [F99and, 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.

[F100(5)In this section—

  • [F101fire and rescue authority” means—

    (a)

    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;

    (b)

    a metropolitan county fire and civil defence authority; or

    (c)

    the London Fire and Emergency Planning Authority;]F102. . .

  • F102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F103(6)The appropriate national authority may by order amend this section by—

(a)adding an entry for any person or body to the list of authorities in subsection (1),

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

(c)adding, altering or repealing provisions for the interpretation of entries in the list.

(7)In this section the “appropriate national authority”, in relation to a person or body, means—

(a)the National Assembly for Wales, if all the functions of the person or body are devolved Welsh functions;

(b)the Secretary of State and the Assembly acting jointly, if the functions of the person or body include devolved Welsh functions and other functions; and

(c)the Secretary of State, if none of the functions of the person or body are devolved Welsh functions.

(8)In subsection (7), “devolved Welsh functions” means functions which are dischargeable only in relation to Wales and relate to matters in relation to which the Assembly has functions.]

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Amendments (Textual)

F81Words in s. 5(1) inserted (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a), Sch. 9 para. 2(2); S.I. 2007/1614, art 3(b); S.I. 2007/3073, art. 2(a)

F82Word at the end of s. 5(1) repealed (30.4.2004 for E. and otherwise prosp.) by Police Reform Act 2002 (c. 30), ss. 107(2), 108(2), Sch. 8; S.I. 2004/913, art. 3

F85S. 5(1)(c)-(f) inserted (1.4.2003 for W., 1.4.2003 for E. in relation to s. 5(1)(c)(d), and 30.4.2004 for E. otherwise) by Police Reform Act 2002 (c. 30), ss. 97(2), 108(2)(4); S.I. 2003/525, art. 2; S.I. 2003/808, art. 2(j); S.I. 2004/913, art. 3(a)

F86Words in s. 5(1)(d) substituted (7.9.2004 for E.S. for specified purposes, 1.10.2004 for E.S. otherwise, and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53(1), 61, Sch. 1 para. 89(2)(a); S.I. 2004/2304, art. 2 (with art. 3); S.I. 2004/2917, art. 2

F88Words in s. 5(1)(f) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 29(2)(a)

F89S. 5(1A)-(1BB) substituted for s. 5(1A)(1B) (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 88, 157(1), Sch. 11 para. 2(3); S.I. 2011/3019, art. 3, Sch. 1 para. (iii) (as amended by S.I. 2012/75, art. 2(2)(d))

F90S. 5(1C)(1D) inserted (30.4.2009 for E., otherwise prosp.) by Police and Justice Act 2006 (c. 48), ss. 21, 53(1)(a); S.I. 2009/936, art. 2(c)

F96S. 5(2)(b) substituted for s. 5(2)(a)(b) (1.10.2002 for E. and 1.4.2003 for W.) by Police Reform Act 2002 (c. 30), s. 97(4)(a); S.I. 2002/2306, art. 3(a); S.I. 2003/525, art. 2

F98S. 5(2)(d) and preceding word inserted (1.10.2002 for E. and 1.4.2003 for W.) by Police Reform Act 2002 (c. 30), s. 97(4)(b); S.I. 2002/2306, art. 3(a); S.I. 2003/525, art. 2

F99Words in s. 5(3) inserted (1.4.2003 for W. and 23.2.2004 for E.) by Police Reform Act 2002 (c. 30), ss. 97(5), 108(2)(4); S.I. 2003/525, art. 2; S.I. 2004/119, art. 2

F101S. 5(5): definition of "fire authority" substituted (7.9.2004 for E.S. for specified purposes, 1.10.2004 for E.S. otherwise, and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53(1), 61, Sch. 1 para. 89(2)(b); S.I. 2004/2304, art. 2 (with art. 3); S.I. 2004/2917, art. 2

F102S. 5(5): definition of "police authority" and preceding word omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), ss. 88, 157(1), Sch. 11 para. 2(8)(b); S.I. 2011/3019, art. 3, Sch. 1 para. (iii) (as amended by S.I. 2012/75, art. 2(2)(d)) (with Sch. 2 para. 6(a))

F103S. 5(6)-(8) inserted (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a), Sch. 9 para. 2(5); S.I. 2007/1614, art 3(b); S.I. 2007/3073, art. 2(a)

Modifications etc. (not altering text)

C3S. 5: functions of local authority not to be the sole responsibility of the executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 4(1), Sch. 3

C4S. 5(1) modified (1.4.2003 for W. and 30.4.2004 for E.) by Police Reform Act 2002 (c. 30), ss. {s. 97(15)}, 108(2)(4); S.I. 2003/525, art. 2; S.I. 2004/913, art. 3(a)

Commencement Information

I2S. 5 wholly in force; S. 5 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

[F1045ACombination agreements: further provisionE+W

(1)A combination agreement for a combined area may be made only if every responsible authority in relation to that area is a party to the agreement.

(2)The relevant local policing body for a combined area may enter into a combination agreement for that area only if it considers that it would be in the interests of one or more of the following to do so—

(a)reducing crime and disorder;

(b)reducing re-offending;

(c)combating the misuse of drugs, alcohol and other substances.

(3)Subsections (4) to (6) apply if a combined area in relation to a combination agreement includes (wholly or party) the area of more than one police area.

(4)The combination agreement must include arrangements for securing effective and efficient co-operation—

(a)between each of the relevant local policing bodies in relation to the combined area, and

(b)between the responsible authorities for the area and those relevant local policing bodies.

(5)The Secretary of State must be a party to the agreement (if not already a party by virtue of being a relevant local policing body in relation to the combined area).

(6)The Secretary of State may enter into the agreement only if the Secretary of State—

(a)considers that it would be in the interests of one or more of the matters mentioned in subsection (2), and

(b)is satisfied that the arrangements mentioned in subsection (4) are adequate for the purposes of securing effective and efficient co-operation in the carrying out of functions under section 6.

(7)A combination agreement—

(a)must be in writing, and

(b)may be varied by a further combination agreement.

(8)A combination agreement may be terminated by agreement in writing between the parties to it; and subsection (2), and (as the case may be) (6)(a), applies to an agreement under this subsection.

(9)In this section “combination agreement”, “combined area” and “relevant local policing body” have the same meanings as in section 5.]

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Amendments (Textual)

[F1056 Formulation and implementation of strategies.E+W

(1)The responsible authorities for a local government area shall, in accordance with section 5 [F106, 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 [F107; and

(c)a strategy for the reduction of re-offending in the area].

[F108(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;

[F109(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.

[F110(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; or

(b)the combatting of a particular description of misuse of drugs, alcohol or other substances.

(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;

(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 [F111or re-offending] in areas in Wales.]

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Amendments (Textual)

F105S. 6 substituted for ss. 6, 6A (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a), Sch. 9 para. 3; S.I. 2007/1614, art 3(b); S.I. 2007/3073, art. 2(a)

F107S. 6(1)(c) and preceding word inserted (2.3.2010 for specified purposes, otherwise 1.4.2010) by Policing and Crime Act 2009 (c. 26), ss. 108(4), 116(1); S.I. 2010/507, arts. 3, 5(p)

F111Words in s. 6(9)(c) inserted (2.3.2010 for specified purposes, otherwise 1.4.2010) by Policing and Crime Act 2009 (c. 26), ss. 108(5), 116(1); S.I. 2010/507, arts. 3, 5(p)

6A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 Supplemental.E+W

(1)The responsible authorities for a local government area shall, whenever so required by the [F113relevant local policing body for that area], submit to [F114that body] a report on such matters connected with the exercise of their functions under section 6 above [F115, apart from devolved Welsh functions (as defined by section 5(8)),] as may be specified in the requirement.

[F116(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 [F117relevant 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 [F118the body] to be appropriate.

[F119(4)Relevant local policing body”, in relation to a local government area, means—

(a)if the area (or any part of it) falls within the police area of a police and crime commissioner, the commissioner,

(b)if the area (or any part of it) falls within the metropolitan police district, the Mayor's Office for Policing and Crime, and

(c)if the area (or any part of it) is the City of London, the Secretary of State.

(5)If there is more than one relevant local policing body in relation to a combined area that is to be treated as one local government area under a combination agreement (see section 5(1A))—

(a)a report submitted under subsection (1) is to be submitted to each of the relevant local policing bodies for the combined area, and

(b)references in this section to any requirement or arrangement made by the relevant local policing body are references to a requirement or arrangement made by each of the relevant local policing bodies for the combined area acting jointly.]

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Amendments (Textual)

Commencement Information

I3S. 7 wholly in force; S. 7 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Youth crime and disorderE+W

8 Parenting orders.E+W

(1)This section applies where, in any court proceedings—

(a)a child safety order is made in respect of a child [F120or 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];

[F121(aa)a parental compensation order is made in relation to a child's behaviour;]

(b)an anti-social behaviour order or [F122sexual offences prevention order] is made in respect of a child or young person;

(c)a child or young person is convicted of an offence; or

(d)a person is convicted of an offence under section 443 (failure to comply with school attendance order) or section 444 (failure to secure regular attendance at school of registered pupil) of the M1Education Act 1996.

(2)Subject to subsection (3) and section 9(1) below F123. . . , 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 or, as the case may be, the person convicted of the offence under section 443 or 444 (“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.

[F124(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) [F125, (aa)] or (b) of subsection (1) above, any repetition of the kind of behaviour which led to the child safety order, [F126parental compensation order,] anti-social behaviour order or [F122sexual offences prevention order] being made;

(b)in a case falling within paragraph (c) of that subsection, the commission of any further offence by the child or young person;

(c)in a case falling within paragraph (d) of that subsection, the commission of any further offence under section 443 or 444 of the M2Education Act 1996.

(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 or, as the case may be, the commission of any such further offence.

[F127(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)[F128an officer of a local probation board][F129or an officer of a provider of probation services];

(b)a social worker of a local authority F130. . . ; and

[F131(bb)a person nominated by [F132a 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 M3Education Act 1996]

(c)a member of a youth offending team.

[F133(9)In this section “sexual offences prevention order” means an order under section 104 of the Sexual Offences Act 2003 (sexual offences prevention orders).]

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Amendments (Textual)

F123Words in s. 8(2) omitted (27.2.2004) by virtue of Criminal Justice Act 2003 (c. 44), ss. 324, 336(3), Sch. 34 para. 1; S.I. 2004/81, art. 5(2)(d) (and those same words repealed (15.12.2004) by Pt. 12 of Sch. 37 to that Act; S.I. 2004/3033, art. 3(2)(e)(ii)(cc))

F125Words in s. 8(6)(a) inserted (20.7.2006 in relation to specified areas) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 144, 178(8), Sch. 10 para. 3(3)(a); S.I. 2006/1871, art. 2, Sch. (as amended by S.I. 2006/2182, art. 3)

F126Words in s. 8(6)(a) inserted (20.7.2006 in relation to specified areas) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 144, 178(8), Sch. 10 para. 3(3)(b); S.I. 2006/1871, art. 2, Sch. (as amended by S.I. 2006/2182, art. 3)

F130Words in s. 8(8)(b) repealed (1.4.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 64, 67(8), Sch. 5 Pt. 4, Note; S.I. 2005/394, art. 2(2)(g); S.I. 2006/885, art. 2(2)(h)

F132Words in s. 8(8)(bb) inserted (with effect for specified purposes as mentioned in s. 18(9)(a) of the amending Act, otherwise 1.1.2008) by Children Act 2004 (c. 31), ss. 18(9)(10), 67(2), Sch. 2 para. 5(2); S.I. 2007/1792, art. 2

Modifications etc. (not altering text)

C6S. 8 restricted (26.6.2000) by 1999 c. 23, ss. 4(5)(6), (with Sch. 7 paras. 3(3), 5(2)); S.I. 2000/1587, art. 2; which s. 4 of that 1999 Act was repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Commencement Information

I4S. 8 wholly in force; S. 8 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

9 Parenting orders: supplemental.E+W

(1)Where a person under the age of 16 is convicted of an offence, the court by or before which he is so convicted—

(a)if it is satisfied that the relevant condition is fulfilled, shall make a parenting order; and

(b)if it is not so satisfied, shall state in open court that it is not and why it is not.

[F134(1A)The requirements of subsection (1) do not apply where the court makes a referral order in respect of the offence.]

[F135(1B)If an anti-social behaviour order is made in respect of a person under the age of 16 the court which 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) or (c) of that subsection, where the person concerned is under the age of 16; or

(c)in a case falling within paragraph (d) of that subsection, where the person to whom the offence related is under that age,

a court shall obtain and consider information about the person’s family circumstances and the likely effect of the order on those circumstances.

[F136(2A)In a case where a court proposes to make both a referral order in respect of a child or young person convicted of an offence and a parenting order, before making the parenting order the court shall obtain and consider a report by an appropriate officer—

(a)indicating the requirements proposed by that officer to be included in the parenting order;

(b)indicating the reasons why he considers those requirements would be desirable in the interests of preventing the commission of any further offence by the child or young person; and

(c)if the child or young person is aged under 16, containing the information required by subsection (2) above.

(2B)In subsection (2A) above “an appropriate officer” means—

(a)an officer of a local probation board [F137or an officer of a provider of probation services];

(b)a social worker of a local authority F138. . . ; or

(c)a member of a youth offending team.]

(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.

(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.

[F139(7A)In this section “referral order” means an order under section 16(2) or (3) of the Powers of Criminal Courts (Sentencing) Act 2000 (referral of offender to youth offender panel).]

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Amendments (Textual)

F138Words in s. 9(2B)(b) repealed (1.4.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 64, 67(8), Sch. 5 Pt. 4, Note; S.I. 2005/394, art. 2(2)(g); S.I. 2006/885, art. 2(2)(h)

Modifications etc. (not altering text)

C8S. 9(3)-(7) applied (27.2.2004 for E. and 11.5.2006 for W.) by Anti-social Behaviour Act 2003 (c. 38), ss. 21(3), 93(1); S.I. 2003/3300, art. 4(c); S.I. 2006/1278, art. 2

Commencement Information

I5S. 9 wholly in force; S. 9 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

10 Appeals against parenting orders.E+W

(1)An appeal shall lie—

(a)to [F140a 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 [F140a 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 [F140a 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 [F140a county court ] or the Crown Court.

(4)A person in respect of whom a parenting order is made by virtue of section 8(1)(c) above shall have the same right of appeal against the making of the order as if—

(a)the offence that led to the making of the order were an offence committed by him; and

(b)the order were a sentence passed on him for the offence.

(5)A person in respect of whom a parenting order is made by virtue of section 8(1)(d) above shall have the same right of appeal against the making of the order as if the order were a sentence passed on him for the offence that led to the making of the order.

(6)The Lord Chancellor may [F141, 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 M4Children 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.

[F142(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.]

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Amendments (Textual)

F141Words in s. 10(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 148(1), 15, Sch. 4 para. 277(2); S.I. 2006/1014 {art. 2(a)}, Sch. 1 para. 11(v)

Modifications etc. (not altering text)

C11S. 10(2)(3) applied (27.2.2004 for E. and 11.5.2006 for W.) by Anti-social Behaviour Act 2003 (c. 38), ss. 22(2), 93(1); S.I. 2003/3300, art. 4(d); S.I. 2006/1278 {art. 2}

Commencement Information

I6S. 10 wholly in force at 1.6.2000; S. 10 not in force at Royal Assent see s. 121; S. 10(1)-(5) in force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8); s. 10(6)(7) in force at 1.6.2000 by S.I. 2000/924, art. 5

Marginal Citations

11 Child safety orders.E+W

(1)Subject to subsection (2) below, if a magistrates’ court, on the application of a local authority, is satisfied that one or more of the conditions specified in subsection (3) below are fulfilled with respect to a child under the age of 10, it may make an order (a “child safety order”) which—

(a)places the child, for a period (not exceeding the permitted maximum) specified in the order, under the supervision of the responsible officer; and

(b)requires the child to comply with such requirements as are so specified.

(2)A court shall not make a child safety order unless it has been notified by the Secretary of State that arrangements for implementing such orders are available in the area in which it appears that the child resides or will reside and the notice has not been withdrawn.

(3)The conditions are—

(a)that the child has committed an act which, if he had been aged 10 or over, would have constituted an offence;

(b)that a child safety order is necessary for the purpose of preventing the commission by the child of such an act as is mentioned in paragraph (a) above;

(c)F143. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F144twelve 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 or section 65 of the M5Magistrates’ Courts Act 1980 (“the 1980 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 F145. . . ; and

(b)a member of a youth offending team.

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Amendments (Textual)

F145Words in s. 11(8)(a) repealed (1.4.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 64, 67(8), Sch. 5 Pt. 4, Note; S.I. 2005/394, art. 2(2)(g); S.I. 2006/885, art. 2(2)(h)

Commencement Information

I7S. 11 wholly in force; S. 11 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

12 Child safety orders: supplemental.E+W

(1)Before making a child safety order, a magistrates’ 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, a magistrates’ court shall explain to the parent or guardian of the child in ordinary language—

(a)the effect of the order and of the requirements proposed to be included in it;

(b)the consequences which may follow (under subsection (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 or another magistrates’ court [F146acting in the same local justice area], on the application of the responsible officer, that the child has failed to comply with any requirement included in the order, the court—

(a)F147. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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)F147. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Commencement Information

I8S. 12 wholly in force; S. 12 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

13 Appeals against child safety orders.E+W

(1)An appeal shall lie to [F148a county court ] against the making by a magistrates’ court of a child safety order; and on such an appeal [F148a county 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.

(2)Any order of [F148a county court ] made on an appeal under this section (other than one directing that an application be re-heard by a magistrates’ court) shall, for the purposes of subsections (4) to (6) of section 12 above, be treated as if it were an order of the magistrates’ court from which the appeal was brought and not an order of [F148a county court].

(3)Subsections (6) and (7) of section 10 above shall apply for the purposes of subsection (1) above as they apply for the purposes of subsection (1)(a) of that section.

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Amendments (Textual)

F148Words in s. 13 substituted (6.4.2009) by The Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2009 (2009 SI0871), {art. 9(3)} (with art. 18)

Commencement Information

I9S. 13 wholly in force at 1.6.2000; S. 13 not in force at Royal Assent see s. 121; S. 13(1)(2) in force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8); s. 13(3) in force at 1.6.2000 by S.I. 2000/924, art. 5

[F14913AParental compensation ordersE+W

(1)A magistrates' court may make an order under this section (a “parental compensation order”) if on the application of a local authority it is satisfied, on the civil standard of proof—

(a)that the condition mentioned in subsection (2) below is fulfilled with respect to a child under the age of 10; and

(b)that it would be desirable to make the order in the interests of preventing a repetition of the behaviour in question.

(2)The condition is that the child has taken, or caused loss of or damage to, property in the course of—

(a)committing an act which, if he had been aged 10 or over, would have constituted an offence; or

(b)acting in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as himself.

(3)A parental compensation order is an order which requires any person specified in the order who is a parent or guardian of the child (other than a local authority) to pay compensation of an amount specified in the order to any person or persons specified in the order who is, or are, affected by the taking of the property or its loss or damage.

(4)The amount of compensation specified may not exceed £5,000 in all.

(5)The Secretary of State may by order amend subsection (4) above so as to substitute a different amount.

(6)For the purposes of collection and enforcement, a parental compensation order is to be treated as if it were a sum adjudged to be paid on the conviction by the magistrates' court which made the order of the person or persons specified in the order as liable to pay the compensation.

(7)In this section and sections 13B and 13C below, “local authority” has the same meaning as in the 1989 Act.

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Amendments (Textual)

F149Ss. 13A-13E inserted (20.7.2006 in relation to specified areas) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 144, 178(8), Sch. 10 para. 2; S.I. 2006/1871, art. 2, Sch. (as amended by S.I. 2006/2182, art. 3)

13BParental compensation orders: the compensationE+W

(1)When specifying the amount of compensation for the purposes of section 13A(3) above, the magistrates' court shall take into account—

(a)the value of the property taken or damaged, or whose loss was caused, by the child;

(b)any further loss which flowed from the taking of or damage to the property, or from its loss;

(c)whether the child, or any parent or guardian of his, has already paid any compensation for the property (and if so, how much);

(d)whether the child, or any parent or guardian of his, has already made any reparation (and if so, what it consisted of);

(e)the means of those to be specified in the order as liable to pay the compensation, so far as the court can ascertain them;

(f)whether there was any lack of care on the part of the person affected by the taking of the property or its loss or damage which made it easier for the child to take or damage the property or to cause its loss.

(2)If property taken is recovered before compensation is ordered to be paid in respect of it—

(a)the court shall not order any such compensation to be payable in respect of it if it is not damaged;

(b)if it is damaged, the damage shall be treated for the purposes of making a parental compensation order as having been caused by the child, regardless of how it was caused and who caused it.

(3)The court shall specify in the order how and by when the compensation is to be paid (for example, it may specify that the compensation is to be paid by instalments, and specify the date by which each instalment must be paid).

(4)For the purpose of ascertaining the means of the parent or guardian, the court may, before specifying the amount of compensation, order him to provide the court, within such period as it may specify in the order, such a statement of his [F150assets and other] financial circumstances as the court may require.

(5)A person who without reasonable excuse fails to comply with an order under subsection (4) above is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6)If, in providing a statement F151... pursuant to an order under subsection (4) above, a person—

(a)makes a statement which he knows to be false in a material particular;

(b)recklessly provides a statement which is false in a material particular; or

(c)knowingly fails to disclose any material fact,

he is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(7)Proceedings in respect of an offence under subsection (6) above may, despite anything in section 127(1) of the 1980 Act (limitation of time), be commenced at any time within two years from the date of the commission of the offence or within six months of its first discovery by the local authority, whichever period expires earlier.

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Amendments (Textual)

F149Ss. 13A-13E inserted (20.7.2006 in relation to specified areas) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 144, 178(8), Sch. 10 para. 2; S.I. 2006/1871, art. 2, Sch. (as amended by S.I. 2006/2182, art. 3)

F151Words in s. 13B(6) omitted (11.12.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 16 para. 27(b); S.I. 2013/2981, art. 2(d)

13CParental compensation orders: supplementalE+W

(1)Before deciding whether or not to make a parental compensation order in favour of any person, the magistrates' court shall take into account the views of that person about whether a parental compensation order should be made in his favour.

(2)Before making a parental compensation order, the magistrates' court shall obtain and consider information about the child's family circumstances and the likely effect of the order on those circumstances.

(3)Before making a parental compensation order, a magistrates' court shall explain to the parent or guardian of the child in ordinary language—

(a)the effect of the order and of the requirements proposed to be included in it;

(b)the consequences which may follow (under subsection (4)(b) below) as a result of failure to comply with any of those requirements;

(c)that the court has power (under subsection (4)(a) below) to review the order on the application either of the parent or guardian or of the local authority.

(4)A magistrates' court which has made a parental compensation order may make an order under subsection (5) below if while the order is in force—

(a)it appears to the court, on the application of the local authority, or the parent or guardian subject to the order, that it is appropriate to make an order under subsection (5); or

(b)it is proved to the satisfaction of the court, on the application of the local authority, that the parent or guardian subject to it has failed to comply with any requirement included in the order.

(5)An order under this subsection is an order discharging the parental compensation order or varying it—

(a)by cancelling any provision included in it; or

(b)by inserting in it (either in addition to or in substitution for any of its provisions) any provision that could have been included in the order if the court had then had power to make it and were exercising the power.

(6)Where an application under subsection (4) above for the discharge of a parental compensation order is dismissed, no further application for its discharge shall be made under that subsection by any person except with the consent of the court which made the order.

(7)References in this section to the magistrates' court which made a parental compensation order include any magistrates' court acting in the same local justice area as that court.

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Amendments (Textual)

F149Ss. 13A-13E inserted (20.7.2006 in relation to specified areas) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 144, 178(8), Sch. 10 para. 2; S.I. 2006/1871, art. 2, Sch. (as amended by S.I. 2006/2182, art. 3)

13DParental compensation orders: appealE+W

(1)If a magistrates' court makes a parental compensation order, the parent or guardian may appeal against the making of the order, or against the amount of compensation specified in the order.

(2)The appeal lies to the Crown Court.

(3)On the appeal the Crown Court—

(a)may make such orders as may be necessary to give effect to its determination of the appeal;

(b)may also make such incidental or consequential orders as appear to it to be just.

(4)Any order of the Crown Court made on an appeal under this section (other than one directing that an application be re-heard by a magistrates' court) shall, for the purposes of section 13C above, be treated as if it were an order of the magistrates' court from which the appeal was brought and not an order of the Crown Court.

(5)A person in whose favour a parental compensation order is made shall not be entitled to receive any compensation under it until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal on which the order could be varied or set aside.

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Amendments (Textual)

F149Ss. 13A-13E inserted (20.7.2006 in relation to specified areas) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 144, 178(8), Sch. 10 para. 2; S.I. 2006/1871, art. 2, Sch. (as amended by S.I. 2006/2182, art. 3)

13EEffect of parental compensation order on subsequent award of damages in civil proceedingsE+W

(1)This section has effect where—

(a)a parental compensation order has been made in favour of any person in respect of any taking or loss of property or damage to it; and

(b)a claim by him in civil proceedings for damages in respect of the taking, loss or damage is then to be determined.

(2)The damages in the civil proceedings shall be assessed without regard to the parental compensation order, but the claimant may recover only an amount equal to the aggregate of the following—

(a)any amount by which they exceed the compensation; and

(b)a sum equal to any portion of the compensation which he fails to recover.

(3)The claimant may not enforce the judgment, so far as it relates to such a sum as is mentioned in subsection (2)(b) above, without the permission of the court.]

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Amendments (Textual)

F149Ss. 13A-13E inserted (20.7.2006 in relation to specified areas) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 144, 178(8), Sch. 10 para. 2; S.I. 2006/1871, art. 2, Sch. (as amended by S.I. 2006/2182, art. 3)

14 Local child curfew schemes.E+W

F152. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

15 Contravention of curfew notices.E+W

F153. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

16 Removal of truants [F154and excluded pupils] to designated premises etc.E+W

(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 [F155subsections (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 [F156each 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.

[F157(3ZA)If a constable has reasonable cause to believe that a child or young person found by him in a public place in a specified area during a specified period and during school hours—

(a)is of compulsory school age,

(b)has been excluded on disciplinary grounds from a relevant school for a fixed period or permanently,

(c)remains excluded from that school,

(d)has not subsequently been admitted as a pupil to any other school, and

(e)has no reasonable justification for being in the public place,

the constable may remove the child or young person to designated premises.]

[F158(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.]

[F159(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 [F160unless 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—

  • [F161British Transport Police” means the force of constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix);]

  • local authority” means—

    (a)

    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;

    (b)

    in relation to Wales, a county council or a county borough council;

  • F162. . .

  • public place” has the same meaning as in [F163Part 2 of the Public Order Act 1986];

  • [F164relevant school” has the meaning given by section 111 of the Education and Inspections Act 2006;]

  • school” has the same meaning as in the M6Education Act 1996.

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Amendments (Textual)

F154Words in s. 16 heading inserted (1.9.2007 for E. and 31.10.2010 for W.) by Education and Inspections Act 2006 (c. 40), ss. 108(6), 188(3); S.I. 2007/1801, art. 3(e); S.I. 2010/2543, art. 2(j)

F161S. 16(5): definition of "British Transport Police" inserted (1.10.2002) by Police Reform Act 2002 (c. 30), s. 75(2)(a); S.I. 2002/2306, art. 2(d)(vii); and that definition ceased to have effect (1.7.2004) by virtue of Railways and Transport Safety Act 2003 (c. 20), ss. 73, 120(1), Sch. 5 para. 4(1)(b)(2)(j); S.I. 2004/1572, art. 3(jjj)

F163S. 16(5): words in definition of "public place" substituted (12.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112(1), 116(6)(a), Sch. 7 para. 134(3)

F164S. 16(5): definition of "relevant school" inserted (1.9.2007 for E. and 31.10.2010 for W.) by Education and Inspections Act 2006 (c. 40), ss. 108(5), 188(3); S.I. 2007/1801, art. 3(e); S.I. 2010/2543, art. 2(j)

Modifications etc. (not altering text)

Marginal Citations

Miscellaneous and supplementalE+W

17 Duty to consider crime and disorder implications.E+W

(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,

[F165(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][F166; and

(c)re-offending in its area]

[F167(2)This section applies to each of the following—

  • a local authority;

  • a joint authority;

  • [F168a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;]

  • the London Fire and Emergency Planning Authority;

  • 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 metropolitan county fire authority;

  • [F169a local policing body];

  • a National Park authority;

  • the Broads Authority;

  • [F170the Greater London Authority;

  • F171...

  • Transport for London.]]

(3)In this section—

  • local authority” means a local authority within the meaning given by section 270(1) of the M7Local Government Act 1972 or the Common Council of the City of London;

  • joint authority” has the same meaning as in the M8Local Government Act 1985;

  • National Park authority” means an authority established under section 63 of the M9Environment Act 1995.

[F172(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

(c)adding, altering or repealing provisions for the interpretation of entries in the list.

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

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Amendments (Textual)

F165S. 17(1)(a)(b) substituted for words in s. 17(1) (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a), Sch. 9 para. 4(2); S.I. 2007/1614, art 3(b); S.I. 2007/3073, art. 2(a)

F166S. 17(1)(c) and preceding word inserted (1.4.2010) by Policing and Crime Act 2009 (c. 26), ss. 108(6), 116(1); S.I. 2010/507, art. 5(p)

F167S. 17(2) substituted (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a), Sch. 9 para. 4(3); S.I. 2007/1614, art 3(b); S.I. 2007/3073, art. 2(a)

F171Words in s. 17(2) repealed (31.3.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 32; S.I. 2012/628, art. 4(d)

F172S. 17(4)(5) inserted (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a), Sch. 9 para. 4(4); S.I. 2007/1614, art 3(b); S.I. 2007/3073, art. 2(a)

Commencement Information

I10S. 17 wholly in force; S. 17 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

[F17317ASharing of informationE+W

(1)A relevant authority is under a duty to disclose to all other relevant authorities any information held by the authority which is of a prescribed description, at such intervals and in such form as may be prescribed.

(2)In subsection (1) “prescribed” means prescribed in regulations made by the Secretary of State.

(3)The Secretary of State may only prescribe descriptions of information which appears to him to be of potential relevance in relation to the reduction of crime and disorder in any area of England and Wales (including anti-social or other behaviour adversely affecting the local environment in that area).

(4)Nothing in this section requires a relevant authority to disclose any personal data (within the meaning of the Data Protection Act 1998).

(5)In this section “relevant authority” means an authority in England and Wales which is for the time being a relevant authority for the purposes of section 115.]

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Amendments (Textual)

18 Interpretation etc. of Chapter I.E+W

(1)In this Chapter—

  • anti-social behaviour order” has the meaning given by section 1(4) above;

  • chief officer of police” has the meaning given by section 101(1) of the M10Police Act 1996;

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

  • F174. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F175individual support order” has the meaning given by section 1AA(2) above;]

  • F174. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F176local policing body” has the meaning given by section 101(1) of the Police Act 1996;]

  • [F177parental 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 M11Police Act 1996;

  • F178...

  • responsible officer”—

    (za)

    [F179in relation to an individual support order, has the meaning given by section 1AA(10) above;]

    (a)

    in relation to a parenting order, has the meaning given by section 8(8) above;

    (b)

    in relation to a child safety order, has the meaning given by section 11(8) above;

  • [F180serious harm” shall be construed in accordance with section 224 of the Criminal Justice Act 2003;]

  • F181. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)F182. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Where directions under a parenting order are to be given by [F183an officer of a local probation board], [F183the officer of a local probation board] shall be an officer appointed for or assigned to the [F184local justice area] within which it appears to the court that the child or, as the case may be, the parent resides or will reside.

[F185(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 [F186an individual support order or] a parenting order are to be given, by—

(a)a social worker of a local authority F187. . . ; 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 [F188the child, defendant or parent, as the case may be,] 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.

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Amendments (Textual)

F174S. 18(1): definitions of "curfew notice" and "local child curfew scheme" repealed (12.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112(2), 116(6)(b), Sch. 8 Pt. 13

F175S. 18(1): definition of "individual support order" inserted (1.5.2004) by Criminal Justice Act 2003 (c. 44), ss. 323(3)(a), 336(3); S.I. 2004/829 {art. 3(2)(b)}

F176S. 18(1): definition of "local policing body" inserted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 99, 157(1), Sch. 16 para. 234(2); S.I. 2011/3019, art. 3, Sch. 1 para. (nnn)(iii)

F177S. 18(1): definition of "parental compensation order" inserted (20.7.2006 in relation to specified areas) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 144, 178(8), Sch. 10 para. 4; S.I. 2006/1871, art. 2, Sch. (as amended by S.I. 2006/2182, art. 3)

F179S. 18(1): in definition of "responsible officer", para. (za) inserted (1.5.2004) by Criminal Justice Act 2003 (c. 44), ss. 323(3)(b), 336(3); S.I. 2004/829 {art. 3(2)(b)}

F180S. 18(1): definition of "serious harm" inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336(3), Sch. 32 para. 88(a); S.I. 2005/950, art. 2, Sch. 1 para. 42(33) (with Sch. 2)

F181S. 18(1): definition of "sex offender order" repealed (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), ss. 60(3), 65, 66(2)(d), Sch. 5

F183Words in s. 18(3) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 4; S.I. 2001/919, art. 2(f)(i)

F186Words in s. 18(4) inserted (1.5.2004) by Criminal Justice Act 2003 (c. 44), ss. 323(4)(a), 336(3); S.I. 2004/829 {art. 3(2)(b)}

F187Words in s. 18(4)(a) repealed (1.4.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 64, 67(8), Sch. 5 Pt. 4, Note; S.I. 2005/394, art. 2(2)(g); S.I. 2006/885, art. 2(2)(h)

F188Words in s. 18(4) substituted (1.5.2004) by Criminal Justice Act 2003 (c. 44), s. 323(4)(b), 336(3); S.I. 2004/829 {art. 3(2)(b)}

Modifications etc. (not altering text)

Commencement Information

I11S. 18 wholly in force; s. 18 not in force at Royal Assent see s. 121; In force at 30.9.1998 by 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

Chapter IIS Scotland

19 Anti-social behaviour orders.S

F189. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

20 Sex offender orders.S

F190. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

21 Procedural provisions with respect to orders.S

F191. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

[F19221A Sex offender orders made in England and Wales or Northern IrelandS

F193. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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Amendments (Textual)

22 Offences in connection with breach of orders.S

F194. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

[F19522AAnti-social behaviour strategiesS

F196. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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Amendments (Textual)

23 Anti-social behaviour as ground of eviction.S

(1)F197. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)F197. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)F197. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)For Ground 15 in Schedule 5 to the M12Housing (Scotland) Act 1988 (eviction on ground of use of premises for immoral or illegal purposes etc.) there shall be substituted the following—

Ground 15

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 M13Housing (Scotland) Act 1987 or Ground 15 in Schedule 5 to the M14Housing (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.

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Amendments (Textual)

Marginal Citations

24 Noise-making equipment: police power of seizure.S

(1)The M15Civic 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.

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Marginal Citations

Chapter IIIE+W+S Great Britain

25 Powers to require removal of masks etc.E+W+S

[F198(1)After subsection (4) of section 60 (powers to stop and search in anticipation of violence) of the M16Criminal 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,.

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Amendments (Textual)

F198S. 25(1) repealed (E.W.) (14.12.2001) by 2001 c. 24, ss. 125, 127(2)(i), Sch. 8 Pt. 6

Commencement Information

I12S. 25 wholly in force at 1.3.1999; S. 25 not in force at Royal Assent, see s. 121; S. 25 expressed to be in force at 1.12.1998 by S.I. 1998/2327, art. 4(1) (which entry relating to the commencement of s. 25 omitted (30.8.1998) by virtue of S.I. 1998/2906, art. 2); S. 25 in force at 1.3.1999 by S.I. 1998/3263, art. 4

Marginal Citations

26 Retention and disposal of things seized.E+W+S

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

60A Retention and disposal of things seized under section 60.

(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.

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Commencement Information

I13 S. 26 wholly in force at 1.3.1999; S. 26 not in force at Royal Assent, see s. 121; S. 26 in force at 1.12.1998 for the purpose of making regulations under s. 60A of the Criminal Justice and Public Order Act 1994 by S.I. 1998/2327, art. 4(1) (as amended by 1998/2906, art. 2(3)); S. 26 in force at 1.3.1999 by S.I. 1998/3263, art. 4

27 Power of arrest for failure to comply with requirement.E+W+S

(1)F199. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

60B Arrest without warrant for offences under section 60: Scotland.

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.

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Amendments (Textual)

Commencement Information

I14S. 27 wholly in force at 1.3.1999; S. 27 not in force at Royal Assent, see s. 121; S. 27 expressed to be in force at 1.12.1998 by S.I. 1998/2327, art. 4(1) (which entry relating to the commnecement of s. 27 omitted (30.8.1998) by virtue of 1998/2906, art. 2(2)); S. 27 in force at 1.3.1999 by S.I. 1998/3263, art. 4

Part IIE+W+S+N.I. Criminal law

[F200Racially or religiously aggravated] offences: England and WalesE+W

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Amendments (Textual)

F200Words in the cross-heading substituted (14.12.2001) by 2001 c. 24, ss. 39(2), 127(2) (with s. 42)

28 Meaning of “ [F201racially or religiously aggravated]”.E+W

(1)An offence is [F201racially 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 [F202racial or religious group]; or

(b)the offence is motivated (wholly or partly) by hostility towards members of a [F202racial or religious group] based on their membership of that group.

(2)In subsection (1)(a) above—

  • membership”, in relation to a [F202racial 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, [F203on 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.

[F204(5)In this section “religious group” means a group of persons defined by reference to religious belief or lack of religious belief.]

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Amendments (Textual)

F201Words in s. 28(1) and the sidenote substituted (14.12.2001) by 2001 c. 24, ss. 39(3)(a), 127(2) (with s. 42)

F202Words in s. 28(1)(2) substituted (14.12.2001) by 2001 c. 24, ss. 39(3)(b), 127(2) (with s. 42)

F203Words in s. 28(3) substituted (14.12.2001) for s. 28(3)(a)(b) by 2001 c. 24, ss. 39(3)(c), 127(2) (with s. 42)

F204S. 28(5) inserted (14.12.2001) by 2001 c. 24, ss. 39(4), 127(2) (with s. 42)

Modifications etc. (not altering text)

C16S. 28 applied (25.8.2000) by 2000 c. 6, ss. 153(3), 168(1)

C19S. 28 applied (28.3.2009 for specified purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 240(4), 383(2) (with ss. 271(1), 385); S.I. 2009/812, art. 3(a)(b); S.I. 2009/1167, art. 4

Commencement Information

I15S. 28 wholly in force; S. 28 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

29[F205Racially or religiously aggravated] assaults.E+W

(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 M17Person Act 1861 (malicious wounding or grievous bodily harm);

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

(c)common assault,

which is [F206racially or religiously aggravated] for the purposes of this section.

(2)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 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.

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Amendments (Textual)

F205Words in the sidenote to s. 28 substituted (14.12.2001) by 2001 c. 24, ss. 39(5)(a)(6)(a) (with s. 42)

F206Words in s. 29(1) substituted (14.12.2001) by 2001 c. 24, ss. 39(5)(b)(6)(a) (with s. 42)

Commencement Information

I16S. 29 wholly in force; S. 29 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

30[F207Racially or religiously aggravated] criminal damage.E+W

(1)A person is guilty of an offence under this section if he commits an offence under section 1(1) of the M18Criminal Damage Act 1971 (destroying or damaging property belonging to another) which is [F208racially 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.

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Amendments (Textual)

F207Words in the sidenote to s. 30 substituted (14.12.2001) by 2001 c. 24, ss. 39(5)(a)(6)(b) (with s. 42)

F208Words in s. 30(1) substituted (14.12.2001) by 2001 c. 24, ss. 39(5)(b)(6)(b) (with s. 42)

Commencement Information

I17S. 30 wholly in force; S. 30 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

31[F209Racially or religiously aggravated] public order offences.E+W

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

(a)an offence under section 4 of the M19Public Order Act 1986 (fear or provocation of violence);

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

(c)an offence under section 5 of that Act (harassment, alarm or distress),

which is [F210racially or religiously aggravated] for the purposes of this section.

(2)F211. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)F211. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

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Amendments (Textual)

F209Words in the sidenote to s. 31 substituted (14.12.2001) by 2001 c. 24, ss. 39(5)(a)(6)(c) (with s. 42)

F210Words in s. 31(1) substituted (14.12.2001) by 2001 c. 24, ss. 39(5)(b)(6)(c) (with s. 42)

Commencement Information

I18S. 31 wholly in force; S. 31 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

32[F212Racially or religiously aggravated] harassment etc.E+W

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

(a)an offence under section 2 [F213or 2A] of the M20Protection from Harassment Act 1997 ([F214offences of harassment and stalking]); or

(b)an offence under section 4 [F215or 4A] of that Act (putting people in fear of violence [F216and stalking involving fear of violence or serious alarm or distress]),

which is [F217racially or religiously aggravated] for the purposes of this section.

F218(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 seven 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 [F219either 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)F220. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F212Words in the sidenote to s. 32 substituted (14.12.2001) by 2001 c. 24, ss. 39(5)(a)(6)(d), 127(2) (with s. 42)

F217Words in s. 32(1) substituted (14.12.2001) by 2001 c. 24, ss. 39(5)(b)(6)(d), 127(2) (with s. 42)

Commencement Information

I19S. 32 wholly in force; S. 32 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

Racially-aggravated offences: ScotlandS

33 Racially-aggravated offences.S

After section 50 of the M21Criminal Law (Consolidation) (Scotland) Act 1995 there shall be inserted the following section—

Racially-aggravated harassmentS
50A Racially-aggravated harassment.

(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.

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Commencement Information

I20S. 33 wholly in force; S. 33 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

MiscellaneousE+W+N.I.

34 Abolition of rebuttable presumption that a child is doli incapax.E+W

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

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Commencement Information

I21S. 34 wholly in force; S. 34 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

35 Effect of child’s silence at trial.E+W

F221. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

36 Abolition of death penalty for treason and piracy.E+W+N.I.

(1)In section I of the M22Treason 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 M23Crown of Ireland Act 1542 (occasioning disturbance etc. to the crown of Ireland punishable as high treason);

(b)section XII of the M24Act of Supremacy (Ireland) 1560 (penalties for maintaining or defending foreign authority);

(c)section 3 of the M25Treason Act 1702 (endeavouring to hinder the succession to the Crown etc. punishable as high treason);

(d)section I of the M26Treason 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)F222. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In section 1 of the M27Treason 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 M28Piracy 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)F222. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Commencement Information

I22S. 36 wholly in force; S. 36 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

Part IIIE+W+S Criminal justice system

Youth justiceE+W

37 Aim of the youth justice system.E+W

(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.

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Commencement Information

I23S. 37 wholly in force; S. 37 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

38 Local provision of youth justice services.E+W

(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 [F223local policing body] any part of whose police area lies within the local authority’s area;

[F224(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 [F225local probation board] [F226, clinical commissioning group or] F227 [F228... [F229Local Health Board] F230...] 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;

[F231(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 [F23266ZB(2) or (3)] below;

[F233(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 [F234to 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;

[F235(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 [F236individual support orders,] parenting orders, child safety orders [F237and reparation orders];

[F238(fa)the provision of persons to act as responsible officers in relation to youth rehabilitation orders (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008);

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

(g)F239. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)the supervision of children and young persons sentenced to a detention and training order [F240(including an order under section 211 of the Armed Forces Act 2006)] F241. . . ;

(i)the post-release supervision of children and young persons under F242. . . section 31 of the M29Crime (Sentences) Act 1997 (“the 1997 Act”) [F243or by virtue of conditions imposed under section 250 of the Criminal Justice Act 2003];

(j)the performance of functions under subsection (1) of [F244section 102 of the Powers of Criminal Courts (Sentencing) Act 2000 (period of detention and training under detention and training orders)] by such persons as may be authorised by the Secretary of State under that subsection.

[F245(k)the implementation of referral orders within the meaning of [F246the Powers of Criminal Courts (sentencing) Act 2000].]

(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.

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Amendments (Textual)

F223Words in s. 38(2)(a) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 99, 157(1), Sch. 16 para. 235; S.I. 2011/3019, art. 3, Sch. 1 para. (nnn)(iii)

F225Words in s. 38(2)(b) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 para. 151; S.I. 2001/919, art. 2(f)(ii)

F227Words in s. 38(2)(b) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 85(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F229Words in s. 38(2)(b) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 29(2)(b)

F230Words in s. 38(2)(b) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 85(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F233S. 38(4)(ba)(bb) inserted (16.11.2009 in relation to specified areas, otherwise prosp.) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148(1), 153(7), Sch. 26 para. 34(3); S.I. 2009/2780, art. 2(1)(d)

F235S. 38(4)(ee) inserted (27.2.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 29(2), 93(1); S.I. 2003/3300, art. 3(a)(iii)

F236Words in s. 38(4)(f) inserted (1.5.2004) by Criminal Justice Act 2003 (c. 44), ss. 323(5), 336(3); S.I. 2004/829 {art. 3(2)(b)}

F240Words in s. 38(4)(h) inserted (28.3.2009 for specified purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 153; S.I. 2009/812, art. 3(a)(b); S.I. 2009/1167, art. 4

F244Words in s. 38(4)(j) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 197(a)

F245S. 38(4)(k) inserted (26.6.2000) by 1999 c. 23, s. 67(1), Sch. 4 paras. 25, 28 (with Sch. 7 paras. 3(3), 5(2)); S.I. 2000/1587, art. 2

F246Words in s. 38(4)(k) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 197(b)

Commencement Information

I24S. 38 wholly in force; S. 38 not in force at Royal Assent see s. 121. S. 38(4) in force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8); S. 38(1)-(3)(5) in force at 30.8.1998 in the areas specified in Sch. 1 of the said S.I. by S.I. 1998/2327, art. 3(1), Sch. 1 (subject to savings in art. 9); s. 38 in force at 1.4.2000 by S.I. 2000/924, art. 2

Marginal Citations

39 Youth offending teams.E+W

(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;

[F247(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 [F248local probation board] [F249, clinical commissioning group or] [F250F251... [F252Local Health Board] F253...] 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)[F254an officer of a local probation board][F255or an officer of a provider of probation services];

[F256(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)[F257where the local authority is in Wales, a social worker of the] local authority F258. . . ;

(c)a police officer;

(d)a person nominated by [F259a clinical commissioning group or] F260... a [F252Local Health Board] any part of whose area lies within the local authority’s area;

[F261(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)[F262where the local authority is in Wales,] a person nominated by the chief education officer appointed by the local authority under section 532 of the M30Education 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.

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Amendments (Textual)

F248Words in s. 39(3)(b) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 151; S.I. 2001/919, art. 2(f)(ii)

F252Words in s. 39(3)(b)(5)(d) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 29(2)(c)

F254Words in s. 39(5)(a) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 4(1)(a), (2); S.I. 2001/919, art. 2(f)(i)

F256S. 39(5)(aa) inserted (with effect for specified purposes as mentioned in s. 18(9)(a) of the amending Act, otherwise 1.1.2008) by Children Act 2004 (c. 31), ss. 18(9)(10), 67(2), Sch. 2 para. 5(3)(a); S.I. 2007/1792, art. 2

F257Words in s. 39(5)(b) substituted (with effect for specified purposes as mentioned in s. 18(9)(a) of the amending Act, otherwise 1.1.2008) by Children Act 2004 (c. 31), ss. 18(9)(10), 67(2), Sch. 2 para. 5(3)(b); S.I. 2007/1792, art. 2

F258Words in s. 39(5)(b) repealed (1.4.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 64, 67(8), Sch. 5 Pt. 4; S.I. 2005/394, art. 2(2)(g); S.I. 2006/885, art. 2(2)(h)

F261S. 39(5)(da) inserted (with effect for specified purposes as mentioned in s. 18(9)(a) of the amending Act, otherwise 1.1.2008) by Children Act 2004 (c. 31), ss. 18(9)(10), 67(2), Sch. 2 para. 5(3)(c); S.I. 2007/1792, art. 2

F262Words in s. 39(5)(e) inserted (with effect for specified purposes as mentioned in s. 18(9)(a) of the amending Act, otherwise 1.1.2008) by Children Act 2004 (c. 31), ss. 18(9)(10), 67(2), Sch. 2 para. 5(3)(d); S.I. 2007/1792, art. 2

Modifications etc. (not altering text)

Commencement Information

I25S. 39 wholly in force at 1.4.2000; S. 39 not in force at Royal Assent see s. 121; S. 39 in force at 30.9.1998 in the areas specified in Sch. 1 of the said S.I. by S.I. 1998/2327, art. 3(1), Sch. 1 (subject to savings in art. 9); s. 39 in force at 1.4.2000 insofar as not already in force by S.I. 2000/924, art. 2

Marginal Citations

[F26339ADetention of child or young person: local authorities to be notifiedE+W

(1)Subsection (2) applies where a youth offending team becomes aware that—

(a)a child or young person has become subject to a detention order and is detained in relevant youth accommodation, or

(b)a child or young person who is subject to a detention order has been transferred from one place of accommodation to another which is relevant youth accommodation.

(2)The youth offending team must as soon as practicable notify—

(a)the home local authority, and

(b)the host local authority,

of the place where the child or young person is detained.

(3)Subsection (4) applies where a youth offending team becomes aware that a person has been released having immediately before release been—

(a)subject to a detention order, and

(b)detained in relevant youth accommodation.

(4)The youth offending team must as soon as practicable notify the following authorities of the release—

(a)the home local authority;

(b)the host local authority;

(c)any other local authority in whose area the youth offending team expects the person to live on release.

(5)Nothing in this section requires a youth offending team to notify a local authority of any matter of which the authority is already aware.

(6)In this section—

  • home local authority”, in relation to a child or young person, means the local authority which is the home authority in relation to that person within the meaning of Chapter 5A of Part 10 of the Education Act 1996 (persons detained in youth accommodation);

  • host local authority”, in relation to a child or young person who is detained in relevant youth accommodation, means the local authority for the area in which that person is detained;

  • local authority”has the meaning given by section 579(1) of the Education Act 1996;

  • young person” includes a person who is aged 18;

and references in this section to a person subject to a detention order and to relevant youth accommodation have the same meanings as they have in the Education Act 1996 (see section 562(1A) of that Act).]

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Amendments (Textual)

40 Youth justice plans.E+W

(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)In subsection (1) above “the relevant persons and bodies” means the persons and bodies mentioned in section 38(2) above and, where the local authority is a county council, any district councils whose districts form part of its area.

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

(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.

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Modifications etc. (not altering text)

C22S. 40: functions of the local authority not to be the sole responsibility of the executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 4(1), Sch. 3

Commencement Information

I26S. 40 wholly in force at 1.1.2000; S. 40 not in force at Royal Assent see s. 121; S. 40 in force at 30.9.1998 in the areas specified in Sch. 1 of the said S.I. by S.I. 1998/2327, art. 3(1), Sch. 1 (subject to savings in art. 9); s. 40 in force at 1.1.2000 insofar as not already in force by S.I. 1999/3426, art. 2

41 The Youth Justice Board.E+W

(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;

(c)to monitor the extent to which that aim is being achieved and any such standards met;

(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)to make grants, with the approval of the Secretary of State, to local authorities or other bodies for them to develop such practice, or to commission research in connection with such practice; F264. . .

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

[F265(i)to enter into agreements for the provision of—

[F266(i)[F267youth detention accommodation], within the meaning given by section 107 of the Powers of Criminal Courts (Sentencing) Act 2000, for the purpose of detaining persons subject to orders under section 100, 104(3)(a) or 105(2) of that Act or 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 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 209 or 218 of the Armed Forces Act 2006;]

F268(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)accommodation which is or may be used for the purpose of detaining persons sentenced when under the age of 18 and before 1st April 2000 to detention in a young offender institution under section 1A of the 1982 Act; and

(vi)accommodation which is or may be used for the purpose of detaining persons subject to secure training orders made before 1st April 2000 under section 1 of the 1994 Act;

[F269(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—

[F270(i)[F271youth detention accommodation], within the meaning given by section 107 of the Powers of Criminal Courts (Sentencing) Act 2000, to be used for detaining a person in accordance with a determination under section 102(1), 104(3)(a) or 105(2) of that Act 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 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;]

[F272(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 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000;]

F273(k). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(l)annually—

(i)to assess future demand for secure accommodation for remanded [F274children 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.

[F275(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 [F276local policing body], a [F277local probation board] [F278a provider of probation services] [F279, [F280a clinical commissioning group] [F281and] a [F282Local Health Board] F283...].

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

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Amendments (Textual)

F264Word in s. 41(5)(g) omitted (20.4.2000) by virtue of S.I. 2000/1160, art. 3(a)

F265S. 41(5)(i)-(k) inserted (20.4.2000) by S.I. 2000/1160, art. 3(b)

F266S. 41(5)(i)(i)(ii) substituted (28.3.2009 for specified purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 154(a); S.I. 2009/812, art. 3(a)(b); S.I. 2009/1167, art. 4

F270S. 41(5)(j)(i)(ii) substituted (28.3.2009 for specified purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383(2), Sch. 16 para. 154(b); S.I. 2009/812, art. 3(a)(b); S.I. 2009/1167, art. 4

F277Words in s. 41(10) substituted (1.4.2001) by 2000 c. 43, s. 74, SCh. 7 Pt. II para. 151; S.I. 2001/919, art. 2(f)(ii)

F282Words in s. 41(10) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 29(2)(d)

F283Words in s. 41(10) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 88(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Modifications etc. (not altering text)

Commencement Information

I27 S. 41 wholly in force; s. 41 not in force at Royal Assent, see s. 121. in force at 1.8.1998 for the purposes of making appointments under this section and under paragraph 1 of Sch. 2 by S.I. 1998/1883, art. 2(a). s. 41 in force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

42 Supplementary provisions.E+W

(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 M31Police Act 1996;

  • local authority[F284(except in section 39A)] means—

    (a)

    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;

    (b)

    in relation to Wales, a county council or a county borough council;

  • F285. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • 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.

[F286(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 [F287local probation board] [F288a provider of probation services] [F289, [F290a clinical commissioning group] [F291or] a [F292Local Health Board] F293...] shall act in accordance with any guidance given by the Secretary of State.

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Amendments (Textual)

F285S. 42(1): definition of "police authority" omitted (16.1.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), ss. 99, 157(1), Sch. 16 para. 237; S.I. 2011/3019, art. 3, Sch. 1 para. (nnn)(iii)

F287Words in s. 42(3) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 151; S.I. 2001/919, art. 2(f)(ii)

F292Words in s. 42(3) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 29(2)(e)

Modifications etc. (not altering text)