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Crime and Disorder Act 1998

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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,

[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; and

(d)serious violence in its area.]

[F4(1A)The duty imposed on an authority by subsection (1) to do all it reasonably can to prevent serious violence in its area is a duty on the authority to do all it reasonably can to—

(a)prevent people from becoming involved in serious violence in its area, and

(b)reduce instances of serious violence in its area.]

[F5(2)This section applies to each of the following—

  • a local authority;

  • a joint authority;

  • [F6a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021 (asc 1);]

  • [F7a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;]

  • [F8the 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;

  • [F9a fire and rescue authority created by an order under section 4A of that Act;]

  • a metropolitan county fire authority;

  • [F10a local policing body];

  • a National Park authority;

  • the Broads Authority;

  • [F11the Greater London Authority;

  • F12...

  • Transport for London.]]

(3)In this section—

  • local authority” means a local authority within the meaning given by section 270(1) of the M1Local Government Act 1972 or the Common Council of the City of London;

  • joint authority” has the same meaning as in the M2Local Government Act 1985;

  • National Park authority” means an authority established under section 63 of the M3Environment Act 1995.

[F13(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.]

[F14(6)References in this section to serious violence and to becoming involved in serious violence are to be construed in accordance with section 18.]

Textual Amendments

F1S. 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)

F2S. 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)

F3S. 17(1)(d) and word inserted (28.4.2022 for specified purposes) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 20(9), 208(4)(f)

F5S. 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)

F8Words 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)

F9Words 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

F12Words 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)

F13S. 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

I1S. 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

[F1517ASharing 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 [F16(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

F16Words 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)

18 Interpretation etc. of Chapter I.E+W

(1)In this Chapter—

  • F17...

  • chief officer of police” has the meaning given by section 101(1) of the M4Police Act 1996;

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

  • F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F17...

  • F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • [F19local policing body” has the meaning given by section 101(1) of the Police Act 1996;]

  • [F20parental 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 M5Police Act 1996;

  • F21...

  • responsible officer”—

    (za)

    F22...

    (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;

  • [F23“violence”—

    (a)

    includes, in particular—

    (i)

    domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act),

    (ii)

    sexual offences,

    (iii)

    violence against property, and

    (iv)

    threats of violence;

    (b)

    does not include terrorism (within the meaning of the Terrorism Act 2000 (see section 1(1) to (4) of that Act)).]

  • F24...

  • F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F26(1A)In the definition of “violence” in subsection (1) “sexual offence” means an offence under the law of England and Wales which is for the time being specified in Schedule 3 to the Sexual Offences Act 2003, other than the offence specified in paragraph 14 of that Schedule (fraudulent evasion of excise duty).

(1B)In determining for the purposes of subsection (1A) whether an offence is specified in Schedule 3 to the Sexual Offences Act 2003, any limitation in that Schedule referring to the circumstances of a particular case (including the sentence imposed) is to be disregarded.

(1C)References in this Chapter to becoming involved in serious violence include becoming a victim of serious violence.

(1D)In considering whether violence in an area amounts to serious violence for the purposes of this Chapter account must be taken in particular of the following factors—

(a)the maximum penalty which could be imposed for the offence (if any) involved in the violence,

(b)the impact of the violence on any victim,

(c)the prevalence of the violence in the area, and

(d)the impact of the violence on the community in the area.]

(2)F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Where directions under a parenting order are to be given by [F28an officer of a local probation board], [F28the officer of a local probation board] shall be an officer appointed for or assigned to the [F29local justice area] within which it appears to the court that the child or, as the case may be, the parent resides or will reside.

[F30(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 F31... a parenting order are to be given, by—

(a)a social worker of a local authority F32. . . ; 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 [F33 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

F18S. 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

F19S. 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)

F20S. 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)

F23Words in s. 18(1) inserted (28.4.2022 for specified purposes) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 20(12)(a), 208(4)(f)

F25S. 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

F28Words 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)

F32Words 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)

Modifications etc. (not altering text)

C3S. 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

Commencement Information

I2S. 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

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