http://www.legislation.gov.uk/id/ukpga/1998/37

http://www.legislation.gov.uk/ukpga/1998/37/section/12/1998-07-31

Crime and Disorder Act 1998

An Act to make provision for preventing crime and disorder; to create certain racially-aggravated offences; to abolish the rebuttable presumption that a child is doli incapax and to make provision as to the effect of a child’s failure to give evidence at his trial; to abolish the death penalty for treason and piracy; to make changes to the criminal justice system; to make further provision for dealing with offenders; to make further provision with respect to remands and committals for trial and the release and recall of prisoners; to amend Chapter I of Part II of the Crime (Sentences) Act 1997 and to repeal Chapter I of Part III of the Crime and Punishment (Scotland) Act 1997; to make amendments designed to facilitate, or otherwise desirable in connection with, the consolidation of certain enactments; and for connected purposes.

1998-07-31

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en

Statute Law Database

2024-05-17

1998-07-31

Crime and Disorder Act 1998

Sch. 3

para. 3(11A)

Criminal Justice Act 2003

Sch. 3

para. 71(d)

s. 336(3)

(4)

Crime and Disorder Act 1998

s. 51(2A)-(2E)

Judicial Review and Courts Act 2022

s. 10(4)

s. 51(4)

Crime and Disorder Act 1998

s. 51(3A)

(3B)

Judicial Review and Courts Act 2022

s. 10(5)

s. 51(4)

Crime and Disorder Act 1998

s. 51A(A1)

Judicial Review and Courts Act 2022

s. 10(7)

s. 51(4)

Crime and Disorder Act 1998

s. 51A(3A)-(3E)

Judicial Review and Courts Act 2022

s. 10(9)

s. 51(4)

Crime and Disorder Act 1998

s. 51A(4A)

(4B)

Judicial Review and Courts Act 2022

s. 10(10)

s. 51(4)

Crime and Disorder Act 1998

s. 52(2A)

Judicial Review and Courts Act 2022

s. 10(11)

s. 51(4)

Crime and Disorder Act 1998

s. 47(A1)

Judicial Review and Courts Act 2022

s. 12(2)

s. 51(4)

Crime and Disorder Act 1998

s. 47(1)-(1F)

Judicial Review and Courts Act 2022

s. 12(3)

s. 51(4)

Crime and Disorder Act 1998

s. 47(4)(a)

Judicial Review and Courts Act 2022

s. 12(6)(a)

s. 51(4)

Crime and Disorder Act 1998

s. 47(4)(a)

Judicial Review and Courts Act 2022

s. 12(6)(b)

s. 51(4)

Crime and Disorder Act 1998

s. 47(4)(b) and word

Judicial Review and Courts Act 2022

s. 12(6)(c)

s. 51(4)

Crime and Disorder Act 1998

s. 47(4A)

Judicial Review and Courts Act 2022

s. 12(7)

s. 51(4)

Crime and Disorder Act 1998

s. 50A(6)

Judicial Review and Courts Act 2022

Sch. 2

para. 8(2)(b)

s. 51(4)

Crime and Disorder Act 1998

s. 1(1C)

Crime and Security Act 2010

s. 40(2)

s. 59(1)

Crime and Disorder Act 1998

s. 8A

Crime and Security Act 2010

s. 41(3)

s. 59(1)

Crime and Disorder Act 1998

s. 9(2)(d) and word

Crime and Security Act 2010

s. 41(4)(b)

s. 59(1)

Crime and Disorder Act 1998

s. 9(2AA)

Crime and Security Act 2010

s. 41(4)(c)

s. 59(1)

Crime and Disorder Act 1998

s. 8A

Anti-social Behaviour, Crime and Policing Act 2014

Sch. 11

para. 24(c)

s. 21

33

42

58

75

93

s. 185(1)

art. 4(f)(vi)

Crime and Disorder Act 1998

s. 9(2)(d) and word

Anti-social Behaviour, Crime and Policing Act 2014

Sch. 11

para. 26(4)(a)

s. 21

33

42

58

75

93

s. 185(1)

art. 3(g)(iv)

art. 4

Crime and Disorder Act 1998

s. 9(2AA)

Anti-social Behaviour, Crime and Policing Act 2014

Sch. 11

para. 26(5)

s. 21

33

42

58

75

93

s. 185(1)

art. 3(g)(iv)

art. 4

Crime and Disorder Act 1998

s. 41(5)(i)

(ii)

Counter-Terrorism and Sentencing Act 2021

Sch. 13

para. 37(3)

s. 50(3)(j)

Part I Prevention of crime and disorder

Chapter I England and Wales

Youth crime and disorder

I112 Child safety orders: supplemental.

1

Before making a child safety order, a magistrates’ court shall obtain and consider information about the child’s family circumstances and the likely effect of the order on those circumstances.

2

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

a

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

b

the consequences which may follow (under subsection (6) below) if the child fails to comply with any of those requirements; and

c

that the court has power (under subsection (4) below) to review the order on the application either of the parent or guardian or of the responsible officer.

3

Requirements included in a child safety order shall, as far as practicable, be such as to avoid—

a

any conflict with the parent’s religious beliefs; and

b

any interference with the times, if any, at which the child normally attends school.

4

If while a child safety order is in force in respect of a child it appears to the court which made it, on the application of the responsible officer or a parent or guardian of the child, that it is appropriate to make an order under this subsection, the court may make an order discharging the child safety order or varying it—

a

by cancelling any provision included in it; or

b

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

5

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

6

Where a child safety order is in force and it is proved to the satisfaction of the court which made it or another magistrates’ court acting for the same petty sessions area, on the application of the responsible officer, that the child has failed to comply with any requirement included in the order, the court—

a

may discharge the order and make in respect of him a care order under subsection (1)(a) of section 31 of the 1989 Act; or

b

may make an order varying the order—

i

by cancelling any provision included in it; or

ii

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

7

Subsection (6)(a) above applies whether or not the court is satisfied that the conditions mentioned in section 31(2) of the 1989 Act are fulfilled.