Crime and Disorder Act 1998

Crime and disorder: general E+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 1B [F4 , 1CA] and 1E “relevant authority” means—

(a) the council for a local government area;

[F5 (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;F6 . . .

(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.[F7 or

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

[F8 (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;

[F9 (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—

(i)

[F10 “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]

(ii)

[F11 persons who are within or likely to be within such a place;]

(d) in relation to a relevant authority falling within paragraph (d) [F12 or (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) F13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Such an application shall be made by complaint to [F14 a 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.

[F15 (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 [F16 is 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.

[F17 (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.]

[F18 (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.]

[F19 (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 [F20 section 12 of the Powers of Criminal Courts (Sentencing) Act 2000] in respect of the offence.

(12) In this section—

• [F21 “British Transport Police Force” means the force of constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix);]

• [F22 “child” 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.

• F23 . . .

Textual Amendments

F1 S. 1(1)(b) substituted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 61(2) (with s. 61(10)); S.I. 2002/2750, art. 2(a)(vii)

F2 Words in s. 1(1) repealed (2.12.2002) by Police Reform Act 2002 (c. 30), ss. 61(3), 107(2), Sch. 8 (with s. 61(10)); S.I. 2002/2750, art. 2(a)(vii)(b)(iii)

F3 S. 1(1A) inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 61(4) (with s. 61(10)); S.I. 2002/2750, art. 2(a)(vii)

F4 Words in s. 1(1A) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 140(2), 178(8); S.I. 2005/1521, art. 3(1)(s)

F5 S. 1(1A)(aa) inserted (20.1.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 85(2)(a), 93(1); S.I. 2003/3300, art. 2(f)(i)

F6 Word 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)

F7 S. 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)

F8 S. 1(1B) inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 61(4) (with s. 61(10)); S.I. 2002/2750, art. 2(a)(vii)

F9 S. 1(1B)(aa) inserted (20.1.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 85(3)(a), 93(1); S.I. 2003/3300, art. 2(f)(i)

F10 S. 1(1B)(c)(i) substituted (1.7.2004) by The British Transport Police (Transitional and Consequential Provisions) Order 2004 (S.I. 2004/1573), art. 12(5)(a)

F11 S. 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)}

F12 Words in s. 1(1B)(d) inserted (20.1.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 85(3)(b), 93(1); S.I. 2003/3300, art. 2(f)(i)

F13 S. 1(2) repealed (2.12.2002) by Police Reform Act 2002 (c. 30), ss. 61(5), 107(2), Sch. 8 (with s. 61(10)); S.I. 2002/2750, art. 2(a)(vii)(b)(iii)(c)

F14 Words in s. 1(3) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 55

F15 S. 1(6) substituted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 61(7) (with s. 61(10)); S.I. 2002/2750, art. 2(a)(vii)

F16 Words 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)}

F17 S. 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)

F18 S. 1(10C) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 139(2), 178(8); S.I. 2005/1521, art. 3(1)(s)

F19 S. 1(10D)(10E) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 141(2)(a), 178(8); S.I. 2005/1521, art. 3(1)(s)

F20 Words in s. 1(11) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 192

F21 S. 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)

F22 S. 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)

F23 S. 1(12): definition of "policed premises" repealed (1.7.2004) by The British Transport Police (Transitional and Consequential Provisions) Order 2004 (S.I. 2004/1573), art. 12(5)(d)

Modifications etc. (not altering text)

C1 S. 1 amended (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 73(1), 120(1), Sch. 5 para. 4(1)(a)(2)(j); S.I. 2004/1572, art. 3(jjj)

C2 S. 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))

[F24 1A Power of Secretary of State to add to relevant authorities E+W

[F25 (1)] The Secretary of State may by order provide that the chief officer of a body of constables maintained otherwise than by a police authority 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.

[F26 (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.]]

Textual Amendments

F24 S. 1A inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 62(1); S.I. 2002/2750, art. 2(a)(vii)

F25 S. 1A renumbered as s. 1A(1) (1.7.2005) by virtue of Serious Organised Crime and Police Act 2005 (c. 15), ss. 139(3), 178(8); S.I. 2005/1521, art. 3(1)(s)

F26 S. 1A(2) added (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 139(3), 178(8); S.I. 2005/1521, art. 3(1)(s)

[F27 1AA Individual support orders E+W

(1) 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, it must consider whether the individual support conditions are fulfilled.

(2) If it is satisfied that those conditions are fulfilled, the court must make an order under this section (“an individual support 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 the making of the anti-social behaviour order;

(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 which led to the making of the anti-social behaviour order.

(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 F28 . . . 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 F28 . . . ;

(b) a person nominated by [F29 a 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.]

Textual Amendments

F27 Ss. 1AA, 1AB inserted (1.5.2004) by Criminal Justice Act 2003 (c. 44), ss. 322, 336(3); S.I. 2004/829 {art. 3(2)(b)}

F28 Words 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)

F29 Words 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

[F27 1AB Individual support orders: explanation, breach, amendment etc E+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.

(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.]

Textual Amendments

F27 Ss. 1AA, 1AB inserted (1.5.2004) by Criminal Justice Act 2003 (c. 44), ss. 322, 336(3); S.I. 2004/829 {art. 3(2)(b)}

[F30 1B Orders in county court proceedings E+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.

[F31 (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 [F32 person] 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.]

Textual Amendments

F30 S. 1B inserted (1.4.2003) by Police Reform Act 2002 (c. 30), ss. 63, 108(2); S.I. 2003/808, art. 2(f)

F31 S. 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)

F32 Words 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)

[F33 1C Orders on conviction in criminal proceedings E+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

[F34 (a) if the prosecutor asks it to do so, or

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

[F35 (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.

[F36 (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) F37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) F37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) F37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) Subsections (7), (10) [F38 , (10C)][F39 , (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.

[F40 (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.

(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—

• [F41 “child” 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).]

Textual Amendments

F33 S. 1C inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 64; S.I. 2002/2750, art. 2(a)(vii)

F34 S. 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)

F35 S. 1C(3A)(3B) inserted (31.3.2004) by Anti-social Behaviour Act 2003 (c. 38), s. 86(2), 93(1); S.I. 2004/690, art. 2(b)(iii)

F36 S. 1C(4A)-(4C) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 139(4)(a), 178(8); S.I. 2005/1521, art. 3(1)(s)

F37 S. 1C(6)-(8) repealed (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 140(3), 174(2), 178(8), Sch. 17 Pt. 2; S.I. 2005/1521, art. 3(1)(s)(ee)

F38 Words in s. 1C(9) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 139(4)(b), 178(8); S.I. 2005/1521, art. 3(1)(s)

F39 Words in s. 1C(9) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 141(3), 178(8); S.I. 2005/1521, art. 3(1)(s)

F40 S. 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)}

F41 S. 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)

[F42 1CA Variation and discharge of orders under section 1C E+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.]

Textual Amendments

F42 S. 1CA inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 140(4), 178(8); S.I. 2005/1521, art. 3(1)(s)

[F43 1D Interim orders E+W

[F44 (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 [F45 application 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) [F46 In 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.

[F47 (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.]]

Textual Amendments

F43 S. 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)

F44 S. 1D(1)(2) substituted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 139(6), 178(8); S.I. 2005/1521, art. 3(1)(s)

F45 Words in s. 1D(4)(c) substituted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 139(7), 178(8); S.I. 2005/1521, art. 3(1)(s)

F46 Words in s. 1D(5) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 139(8), 178(8); S.I. 2005/1521, art. 3(1)(s)

F47 S. 1D(6) added (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 139(9), 178(8); S.I. 2005/1521, art. 3(1)(s)

[F48 1E Consultation requirements E+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.

[F49 (5) Subsection (4)(a) does not apply if the relevant authority is a county council for a county in which there are no districts.]]

Textual Amendments

F48 S. 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)

F49 S. 1E(5) inserted (20.1.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 85(7), 93(1); S.I. 2003/3300, art. 2(f)(i)

[F50 1F Contracting out of local authority functions E+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.]

Textual Amendments

F50 S. 1F inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 142(1), 178(8); S.I. 2005/1521, art. 3(1)(s)

Valid from 01/10/2006

[F51 1G Intervention orders E+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.

Textual Amendments

F51 Ss. 1G, 1H inserted (1.10.2006) by Drugs Act 2005 (c. 17), ss. 20(1), 24(3), S.I. 2006/2136, {art. 2}

Valid from 01/10/2006

1H Intervention 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.]

Textual Amendments

F51 Ss. 1G, 1H inserted (1.10.2006) by Drugs Act 2005 (c. 17), ss. 20(1), 24(3), S.I. 2006/2136, {art. 2}

[F52 1I Special measures for witnesses E+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),

(b) section 21(1)(b) and (5) to (7),

(c) section 22(1)(b) and (2)(b) and (c),

(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.]

Textual Amendments

F52 S. 1I inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 143, 178(8); S.I. 2005/1521, art. 3(1)(s)

Valid from 01/02/2009

[F53 1J Review of orders under sections 1, 1B and 1C E+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.

Textual Amendments

F53 Ss. 1J, 1K inserted (1.2.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 123(1), 153(7) (with Sch. 27 para. 33); S.I. 2009/140, art. 2(b)

Valid from 01/02/2009

1K Responsibility for, and participation in, reviews under section 1J E+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.]

Textual Amendments

F53 Ss. 1J, 1K inserted (1.2.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 123(1), 153(7) (with Sch. 27 para. 33); S.I. 2009/140, art. 2(b)

2 Sex offender orders. E+W

F54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F54 S. 2 repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), ss. 139, 140, 141(1), Sch. 6 para. 38(2), Sch. 7; S.I. 2004/874, art. 2

[F55 2A Interim orders: sex offenders E+W

F56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F55 S. 2A inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 68(1); S.I. 2002/2750, art. 2(a)(viii)

F56 S. 2A repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), ss. 139, 140, 141(1), Sch. 6 para. 38(2), Sch. 7; S.I. 2004/874, art. 2

[F57 2B Sex offender orders made in Scotland or Northern Ireland E+W

F58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F57 S. 2B inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 69; S.I. 2002/2750, art. 2(a)(viii)

F58 S. 2B repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), ss. 139, 140, 141(1), Sch. 6 para. 38(2), Sch. 7; S.I. 2004/874, art. 2

3 Sex offender orders: supplemental. E+W

F59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F59 S. 3 repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), ss. 139, 140, 141(1), Sch. 6 para. 38(2), Sch. 7; S.I. 2004/874, art. 2

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 [F60 , an individual support order][F61 , an order under section 1D above,]F62 . . . .

(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) [F63 , 1AB(6)]F62 . . . 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.

Textual Amendments

F60 Words 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)}

F61 Words in s. 4(1) inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 65(2); S.I. 2002/2750, art. 2(a)(vii)

F62 Words in s. 4(1)(3) repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), ss. 139, 140, 141(1), Sch. 6 para. 38(3), Sch. 7; S.I. 2004/874, art. 2

F63 Words 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

I1 S. 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