Crime and Disorder Act 1998 (c. 37)

Part I E+W+S Prevention of crime and disorder

Chapter I E+W England and Wales

Miscellaneous and supplemental E+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,

[F1 (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][F2 ; and

(c) re-offending in its area]

[F3 (2) This section applies to each of the following—

• a local authority;

• a joint authority;

• [F4 a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021 (asc 1);]

• [F5 a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;]

• [F6 the London Fire Commissioner;]

• a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;

• [F7 a fire and rescue authority created by an order under section 4A of that Act;]

• a metropolitan county fire authority;

• [F8 a local policing body];

• a National Park authority;

• the Broads Authority;

• [F9 the Greater London Authority;

• F10 ...

• Transport for London.]]

(3) In this section—

• “local authority” means a local authority within the meaning given by section 270(1) of the M1 Local Government Act 1972 or the Common Council of the City of London;

• “joint authority” has the same meaning as in the M2 Local Government Act 1985;

• “National Park authority” means an authority established under section 63 of the M3 Environment Act 1995.

[F11 (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.]

Textual Amendments

F1 S. 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)

F2 S. 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)

F3 S. 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)

F4 Words in s. 17(2) inserted (25.3.2022) by The Crime and Disorder Act 1998 (Additional Authority) (Wales) Order 2022 (S.I. 2022/367), arts. 1(2), 2

F5 Words in s. 17(2) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 119, 148(6), Sch. 6 para. 90; S.I. 2009/3318, art. 2(b)(c)

F6 Words in s. 17(2) substituted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 105; S.I. 2018/227, reg. 4(c)

F7 Words in s. 17(2) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 79; S.I. 2017/399, reg. 2, Sch. para. 38

F8 Words in s. 17(2) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 99, 157(1), Sch. 16 para. 233; S.I. 2011/3019, art. 3, Sch. 1 para. (nnn)(iii)

F9 Words in s. 17(2) inserted (15.2.2008) by The Crime and Disorder Act 1998 (Additional Authorities) Order 2008 (S.I. 2008/78), art. 2

F10 Words 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)

F11 S. 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

I1 S. 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

M1 1972 c.70.

M2 1985 c.51.

M3 1995 c.25.

[F12 17A Sharing of information E+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 [F13 (within the meaning of Parts 5 to 7 of the Data Protection Act 2018 (see section 3(2) and (14) of that Act))].

(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.]

Textual Amendments

F12 S. 17A 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. 5; S.I. 2007/1614, art 3(b); S.I. 2007/3073, art. 2(a)

F13 Words in s. 17A(4) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 45 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

Modifications etc. (not altering text)

C1 S. 17A: functions made exercisable concurrently (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 25 (with art. 28)

C2 S. 17A: functions made exercisable concurrently (E.) (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 26

18 Interpretation etc. of Chapter I. E+W

(1) In this Chapter—

• F14 ...

• “chief officer of police” has the meaning given by section 101(1) of the M4 Police Act 1996;

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

• F15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F14 ...

• F15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F16 “local policing body” has the meaning given by section 101(1) of the Police Act 1996;]

• [F17 “parental compensation order” has the meaning given by section 13A(1) above;]

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

• “police area” has the meaning given by section 1(2) of the M5 Police Act 1996;

• F18 ...

• “responsible officer”—

  (za)

  F19 ...

  (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;

• F20 ...

• F21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) F22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where directions under a parenting order are to be given by [F23 an officer of a local probation board], [F23 the officer of a local probation board] shall be an officer appointed for or assigned to the [F24 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.

[F25 (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 F26 ... a parenting order are to be given, by—

(a) a social worker of a local authority F27 . . . ; 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 [F28 the child or, as the case may be, the parent ], resides or will reside.

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

Textual Amendments

F14 Words in s. 18(1) omitted (23.3.2015) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 27(2)(a) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 4(f)(vii)

F15 S. 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

F16 S. 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)

F17 S. 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)

F18 Definition in s. 18(1) omitted (22.11.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 234(3); S.I. 2012/2892, art. 2(i)

F19 Words in s. 18(1) omitted (23.3.2015) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 27(2)(b) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 4(f)(vii)

F20 Words in s. 18(1) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

F21 S. 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

F22 S. 18(2) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 332, 336(3), Sch. 32 para. 88(b), Sch. 37 Pt. 7; S.I. 2005/950, art. 2, Sch. 1 paras. 42(33), 44(4)(p) (with Sch. 2)

F23 Words 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)

F24 Words in s. 18(3) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 58

F25 S. 18(3A) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 13(5)

F26 Words in s. 18(4) omitted (23.3.2015) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 27(3)(a) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 4(f)(vii)

F27 Words 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)

F28 Words in s. 18(4) substituted (23.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 27(3)(b) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 4(f)(vii)

Modifications etc. (not altering text)

C3 S. 18(1) modified in part (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2

C4 S. 18(3)(4) applied (27.2.2004) by Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), Sch. 1 para. 9D(7) (as inserted by Crime and Disorder Act 2003 (c. 44), ss. 324, 336(3), Sch. 34 para. 6; S.I. 2004/81, art. 5(2)(d))

Commencement Information

I2 S. 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

M4 1996 c.16.

M5 1996 c.16.