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Crime and Disorder Act 1998
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- 1998 c. 37
- SCHEDULE 6
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Changes and effects yet to be applied to Schedule 6:
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- s. 51-51E substituted for s. 51 by 2003 c. 44 Sch. 3 Pt. 1 para. 18
- Sch. 6 para. 1 repealed by 2010 asp 13 Sch. 2 para. 42
- Sch. 6 para. 2 repealed by 2010 asp 13 Sch. 2 para. 42
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- Act modified by 2008 c. 1 s. 29
- Blanket Amendment words substituted by 2005 c. 4 Sch. 11 para. 1(2)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 3A substituted for s. 57 by 2006 c. 48 s. 45
- Pt. 3A title text amended by 2009 c. 25 s. 109(3)
- s. 1B by 2002 c. 30 s. 63
- s. 1B(3A)-(3C) inserted by 2003 c. 38 s. 85(5)
- s. 1B(5) text amended by 2003 c. 38 s. 85(6)
- s. 1B(8)(9) inserted by 2008 c. 4 s. 124(6)
- s. 1F inserted by 2005 c. 15 s. 142(1)
- s. 1G 1H inserted by 2005 c. 17 s. 20(1)
- s. 1I inserted by 2005 c. 15 s. 143
- s. 1I(3)(a) text amended by 2009 c. 25 Sch. 21 para. 72(a)
- s. 1I(3)(b) text amended by 2009 c. 25 Sch. 21 para. 72(b)
- s. 1I(3)(c) repealed by 2009 c. 25 Sch. 23 Pt. 3
- s. 1I(3)(ca) inserted by 2009 c. 25 Sch. 21 para. 72(c)
- s. 1J 1K inserted by 2008 c. 4 s. 123(1)
- s. 1AA 1AB inserted by 2003 c. 44 s. 322
- s. 1AA text amended by 2008 c. 4 s. 124(1)
- s. 1AA(3)(a) text amended by 2008 c. 4 s. 124(2)
- s. 1AA(5) text amended by 2008 c. 4 s. 124(3)
- s. 1AA(9) text amended by 2004 c. 31 Sch. 5 Pt. 4
- s. 1AA(10)(a) text amended by 2004 c. 31 Sch. 5 Pt. 4
- s. 1AA(10)(b) amendment to earlier affecting provision 2003 c. 44 s. 322 by 2004 c. 31 Sch. 2 para. 8
- s. 1AB(5A) inserted by 2008 c. 4 s. 124(5)
- s. 1CA inserted by 2005 c. 15 s. 140(4)
- s. 8A inserted by 2010 c. 17 s. 41(3)
- s. 13A-13E inserted by 2005 c. 15 Sch. 10 para. 2
- s. 17A inserted by 2006 c. 48 Sch. 9 para. 5
- s. 22A inserted by 2003 asp 7 s. 83
- s. 22A repealed by 2004 asp 8 Sch. 5
- s. 39A inserted by 2009 c. 22 s. 51
- s. 50A inserted by 2003 c. 44 Sch. 3 Pt. 1 para. 17
- s. 51A(12)(a) text amended by 2006 c. 38 Sch. 1 para. 5 Sch. 5
- s. 51A(12)(c) and word inserted by 2006 c. 38 Sch. 1 para. 5
- s. 51B(9)(c) substituted for s. 51B(9)(c)(d) by 2005 c. 11 Sch. 4 para. 69
- s. 51C(3)(e) modified by 2007 c. 27 Sch. 6 para. 36
- s. 52A 52B inserted by 2003 c. 44 Sch. 3 Pt. 1 para. 19(1)
- s. 57A(1)(a) text amended by 2009 c. 25 s. 109(2)(a)(i)
- s. 57A(1)(b) text amended by 2009 c. 25 s. 109(2)(a)(ii)
- s. 57A(3) inserted by 2009 c. 25 s. 109(2)(b)
- s. 57B(7) added by 2009 c. 25 s. 106(2)
- s. 57C(6A) inserted by 2009 c. 25 s. 106(3)(a)
- s. 57C(7) repealed by 2009 c. 25 s. 106(3)(b) Sch. 23 Pt. 3
- s. 57C(8) text amended by 2009 c. 25 s. 106(3)(c) Sch. 23 Pt. 3
- s. 57C(9)(a) and word repealed by 2009 c. 25 s. 106(3)(d) Sch. 23 Pt. 3
- s. 57D(2)(b) repealed by 2009 c. 25 s. 106(4)(a)(i) Sch. 23 Pt. 3
- s. 57D(2)(c) text amended by 2009 c. 25 s. 106(4)(a)(ii)
- s. 57D(3)(a) and word repealed by 2009 c. 25 s. 106(4)(b) Sch. 23 Pt. 3
- s. 57E applied by 2005 c. 15 s. 75A (as inserted) by 2006 c. 48 Sch. 14 para. 62
- s. 57E(5)(a) and word repealed by 2009 c. 25 s. 106(5)(a) Sch. 23 Pt. 3
- s. 57E(7)(a) and word repealed by 2009 c. 25 s. 106(7)(a) Sch. 23 Pt. 3
- s. 57F inserted by 2009 c. 25 s. 109(1)
- s. 66A-66H inserted by 2008 c. 4 Sch. 9 para. 3
Commencement Orders yet to be applied to the Crime and Disorder Act 1998:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/120 art. 2 Sch. commences (2002 c. 29)
- S.I. 2003/333 art. 2 commences (2002 c. 29)
- S.I. 2003/525 art. 2 commences (2002 c. 30)
- S.I. 2003/708 art. 2 commences (2001 c. 16)
- S.I. 2003/808 art. 2 commences (2002 c. 30)
- S.I. 2003/3103 art. 2 commences (2003 c. 41)
- S.I. 2003/3300 art. 2-4 commences (2003 c. 38)
- S.I. 2004/81 art. 2-5 commences (2003 c. 44)
- S.I. 2004/119 art. 2 commences (2002 c. 30)
- S.I. 2004/690 art. 2-4 commences (2003 c. 38)
- S.I. 2004/829 art. 2-4 commences (2003 c. 44)
- S.I. 2004/874 art. 2 commences (2003 c. 42)
- S.I. 2004/913 art. 2 3 commences (2002 c. 30)
- S.I. 2004/999 art. 2 commences (2003 c. 38)
- S.I. 2004/1572 art. 2 3 commences (2003 c. 20)
- S.I. 2004/2168 art. 2-5 commences (2003 c. 38)
- S.I. 2004/2304 art. 2 commences (2004 c. 21)
- S.I. 2004/2917 art. 2 commences (2004 c. 21)
- S.I. 2004/3033 art. 2-4 commences (2003 c. 44)
- S.I. 2005/394 art. 2 commences (2004 c. 31)
- S.I. 2005/950 art. 2-4 commences (2003 c. 44)
- S.I. 2005/1126 art. 2 commences (2005 c. 11)
- S.I. 2005/1521 art. 2-4 commences (2005 c. 15)
- S.I. 2005/2122 art. 2 amendment to earlier commencing SI 2005/950 Sch. 2 para. 23
- S.I. 2005/3495 art. 2 commences (2005 c. 15)
- S.I. 2006/378 art. 2-7 Sch. commences (2005 c. 15)
- S.I. 2006/835 art. 2 amendment to earlier commencing SI 2004/2168 art. 4(1)
- S.I. 2006/885 art. 2 commences (2004 c. 31)
- S.I. 2006/1014 art. 2 Sch. 1 2 commences (2005 c. 4)
- S.I. 2006/1278 art. 2 commences (2003 c. 38)
- S.I. 2006/1835 art. 2 commences (2003 c. 44)
- S.I. 2006/1871 art. 2 commences (2005 c. 15)
- S.I. 2006/2136 art. 2 commences (2005 c. 17)
- S.I. 2006/2491 art. 2 commences (2006 c. 9)
- S.I. 2006/3364 art. 2 commences (2006 c. 48)
- S.I. 2007/709 art. 2-4 commences (2006 c. 48)
- S.I. 2007/858 art. 2 3 commences (2006 c. 38)
- S.I. 2007/1614 art. 2 3 commences (2006 c. 48)
- S.I. 2007/1801 art. 2-4 commences (2006 c. 40)
- S.I. 2007/3001 art. 2 commences (2007 c. 21)
- S.I. 2007/3073 art. 2 commences (2006 c. 48)
- S.I. 2007/3251 art. 2 commences (2006 c. 48)
- S.I. 2008/504 art. 2-4 commences (2007 c. 21)
- S.I. 2008/791 art. 2 3 commences (2006 c. 38)
- S.I. 2008/2504 art. 2 commences (2007 c. 27)
- S.I. 2008/2785 art. 2 3 commences (2006 c. 48)
- S.I. 2009/140 art. 2 commences (2008 c. 4)
- S.I. 2009/812 art. 3 commences (2006 c. 52)
- S.I. 2009/860 art. 2 commences (2008 c. 4)
- S.I. 2009/936 art. 2 commences (2006 c. 48)
- S.I. 2009/1059 Order transitional provisions for effects of commencing SI 2009/812
- S.I. 2009/1167 art. 3 4 commences (2006 c. 52)
- S.I. 2009/1604 art. 2 commences (2005 c. 4)
- S.I. 2009/2616 art. 2 commences (2004 c. 28)
- S.I. 2009/2780 art. 2 commences (2008 c. 4)
- S.I. 2009/3074 art. 2 3 commences (2008 c. 4)
- S.I. 2009/3253 art. 2 3 commences (2009 c. 25)
- S.I. 2009/3318 art. 2-4 commences (2009 c. 20)
- S.I. 2010/145 art. 2 Sch. commences (2009 c. 25)
- S.I. 2010/303 art. 2-7 Sch. 1-6 commences (2009 c. 22)
- S.I. 2010/507 art. 2-5 commences (2009 c. 26)
- S.I. 2010/816 art. 2-6 Sch. commences (2009 c. 25)
- S.I. 2010/2543 art. 2 3 commences (2006 c. 40)
- S.I. 2011/829 art. 2 commences (2009 c. 22)
- S.I. 2011/1452 art. 2 commences (2009 c. 25)
- S.I. 2011/2144 art. 2 commences (2006 c. 48)
- S.I. 2011/2148 art. 2 commences (2009 c. 25)
- S.I. 2011/3016 art. 2 commences (2010 c. 7)
- S.I. 2011/3019 art. 3 Sch. 1 Comencement Order
- S.S.I. 2003/288 art. 2 Sch. commences (2003 asp 7)
- S.S.I. 2004/420 art. 2-4 commences (2004 asp 8)
- S.S.I. 2005/161 art. 2-4 commences (2003 asp 13)
- S.S.I. 2005/375 art. 2 amendment to earlier commencing SSI 2005/161 art. 3
- S.S.I. 2005/553 art. 2 amendment to earlier commencing SSI 2004/420
- S.S.I. 2006/104 art. 2 amendment to earlier commencing SSI 2004/420 art. 2
- S.S.I. 2010/413 art. 2 Sch. commences (2010 asp 13)
Section 94(2).
SCHEDULE 6S Drug treatment and testing orders: amendment of the 1995 Act
Annotations:
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Commencement Information
Part IS Amendments relating to combination of orders
1In section 228(1) (probation orders), for the words “section 245D” there shall be substituted the words “ sections 234J and 245D ”.S
2(1)Section 232 (failure to comply with requirements of probation orders) shall be amended as follows.S
(2)In subsection (3A)—
(a)for the words “a restriction of liberty order” there shall be substituted—
“(a)a restriction of liberty order; or
(b)a restriction of liberty order and a drug treatment and testing order,”; and
(b)at the end there shall be added the words “ or, as the case may be, the restriction of liberty order and the drug treatment and testing order. ”
(3)After that subsection there shall be inserted the following subsection—
“(3B)Where the court intends to sentence an offender under subsection (2)(b) above and the offender is by virtue of section 234J of this Act subject to a drug treatment and testing order, it shall, before sentencing the offender under that paragraph, revoke the drug treatment and testing order.”
3For section 245D there shall be substituted the following section—S
“245D Combination of restriction of liberty order with other orders.
(1)Subsection (3) applies where the court—
(a)intends to make a restriction of liberty order under section 245A(1) of this Act; and
(b)considers it expedient that the offender should also be subject to a probation order made under section 228(1) of this Act or to a drug treatment and testing order made under section 234B(2) of this Act or to both such orders.
(2)In deciding whether it is expedient to make a probation order or a drug treatment and testing order by virtue of paragraph (b) of subsection (1) above, the court shall—
(a)have regard to the circumstances, including the nature of the offence and the character of the offender; and
(b)obtain a report as to the circumstances and character of the offender.
(3)Where this subsection applies, the court, notwithstanding sections 228(1), 234B(2) and 245A(1) of this Act, may make a restriction of liberty order and either or both of a probation order and a drug treatment and testing order.
(4)Where the court makes a restriction of liberty order and a probation order by virtue of subsection (3) above, the clerk of the court shall send a copy of each order to—
(a)any person responsible for monitoring the offender’s compliance with the restriction of liberty order; and
(b)the officer of the local authority who is to supervise the probationer.
(5)Where the court makes a restriction of liberty order and a drug treatment and testing order by virtue of subsection (3) above, the clerk of the court shall send a copy of each order to—
(a)any person responsible for monitoring the offender’s compliance with the restriction of liberty order;
(b)the treatment provider, within the meaning of section 234C(1) of this Act; and
(c)the officer of the local authority who is appointed or assigned to be the supervising officer under section 234C(6) of this Act.
(6)Where the court makes a restriction of liberty order, a probation order and a drug treatment and testing order the clerk of the court shall send copies of each of the orders to the persons mentioned—
(a)in subsection (4) above;
(b)in paragraph (b) of subsection (5) above; and
(c)in paragraph (c) of that subsection, if that person would not otherwise receive such copies.
(7)Where the offender by an act or omission fails to comply with a requirement of an order made by virtue of subsection (3) above—
(a)if the failure relates to a requirement contained in a probation order and is dealt with under section 232(2)(c) of this Act, the court may, in addition, exercise the powers conferred by section 234G(2)(b) of this Act in relation to a drug treatment and testing order to which the offender is subject by virtue of subsection (3) above and by section 245F(2) of this Act in relation to the restriction of liberty order;
(b)if the failure relates to a requirement contained in a drug treatment and testing order and is dealt with under section 234G(2)(b) of this Act, the court may, in addition, exercise the powers conferred by section 232(2)(c) of this Act in relation to a probation order to which the offender is subject by virtue of subsection (3) above and by section 245F(2)(b) of this Act in relation to the restriction of liberty order; and
(c)if the failure relates to a requirement contained in a restriction of liberty order and is dealt with under section 245F(2)(b) of this Act, the court may, in addition, exercise the powers conferred by section 232(2)(c) of this Act in relation to a probation order and by section 234G(2)(b) of this Act in relation to a drug treatment and testing order to which, in either case, the offender is subject by virtue of subsection (3) above.
(8)In any case to which this subsection applies, the offender may, without prejudice to subsection (7) above, be dealt with as respects that case under section 232(2) or, as the case may be, section 234G or section 245F(2) of this Act but he shall not be liable to be otherwise dealt with as respects that case.
(9)Subsection (8) applies in a case where—
(a)the offender by an act or omission fails to comply with both a requirement contained in a restriction of liberty order and in a probation order to which he is subject by virtue of subsection (3) above;
(b)the offender by an act or omission fails to comply with both a requirement contained in a restriction of liberty order and in a drug treatment and testing order to which he is subject by virtue of subsection (3) above;
(c)the offender by an act or omission fails to comply with a requirement contained in each of a restriction of liberty order, a probation order and a drug treatment and testing order to which he is subject by virtue of subsection (3) above.”
4(1)Section 245G (disposal on revocation of restriction of liberty order) shall be amended as follows.S
(2)In subsection (2), for the words from “by” to the end there shall be substituted the words “by virtue of section 245D(3) of this Act, subject to a probation order or a drug treatment and testing order or to both such orders, it shall, before disposing the offender under subsection (1) above—
(a)where he is subject to a probation order, discharge that order;
(b)where he is subject to a drug treatment and testing order, revoke that order; and
(c)where he is subject to both such orders, discharge the probation order and revoke the drug treatment and testing order.”
(3)After subsection (2) there shall be added—
“(3)Where the court orders a probation order discharged or a drug treatment and testing order revoked the clerk of the court shall forthwith give copies of that order to the persons mentioned in subsection (4) or, as the case may be, (5) of section 245D of this Act.
(4)Where the court orders a probation order discharged and a drug treatment and testing order revoked, the clerk of the court shall forthwith give copies of that order to the persons mentioned in section 245D(6) of this Act.”
Part IIS Amendments relating to appeals
5In section 106 (solemn appeals), in paragraph (d), after the words “probation order” there shall be inserted the words “ , drug treatment and testing order ”.S
6(1)Section 108 (right of appeal of prosecutor) shall be amended as follows.S
(2)In subsection (1), after paragraph (d) there shall be inserted the following paragraph—
“(dd)a drug treatment and testing order;”.
(3)In subsection (2)(b)(iii), for the word “or”, where it first occurs, there shall be substituted the word “ to ”.
7(1)Section 175 (appeals in summary cases) shall be amended as follows.S
(2)In subsection (2)(c), after the words “probation order” there shall be inserted the words “ , drug treatment and testing order ”.
(3)In subsection (4), after paragraph (d) there shall be inserted the following paragraph—
“(dd)a drug treatment and testing order;”.
(4)In subsection (4A)(b)(iii), for the word “or”, where it first occurs, there shall be substituted the word “ to ”.
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