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Statutory Instruments

2010 No. 656

Criminal Law, England And Wales

The Crime and Disorder (Prescribed Information) (Amendment) Regulations 2010

Made

8th March 2010

Laid before Parliament

11th March 2010

Coming into force

1st April 2010

The Secretary of State, in exercise of the powers conferred by section 17A(2) of the Crime and Disorder Act 1998(1), makes the following Regulations.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Crime and Disorder (Prescribed Information) (Amendment) Regulations 2010 and shall come into force on 1st April 2010.

(2) In these Regulations “the 2007 Regulations” means the Crime and Disorder (Prescribed Information) Regulations 2007(2).

Amendments to regulation 1 of the 2007 Regulations

2.—(1) Regulation 1(2) of the 2007 Regulations is amended as follows.

(2) In the appropriate place insert—

“provider of probation services” means every provider of probation services operating within the area in pursuance of arrangements under section 3 of the Offender Management Act 2007(3) which provide for it to be a responsible authority;.

Amendments to the Schedule to the 2007 Regulations

3.—(1) The Schedule to the 2007 Regulations is amended as follows.

(2) In paragraphs 1 and 2 for “1st April 2008” substitute “1st April 2010”.

(3) In paragraphs 3 and 4 for “Fire Statistics, United Kingdom 2005” substitute “Incident Recording System – Questions and Lists, published by the Department for Communities and Local Government in May 2009”.

(4) Omit paragraph 7.

(5) In paragraph 8 for “for 2007/2008” substitute “as at 1st April 2010”.

(6) After paragraph 12 insert—

(13) Information held by each provider of probation services operating wholly or partly within the area on—

(a)the demographic profile of offenders including age, gender, ethnicity, first part of postcode and offence description;

(b)the assessment of factors relating to offenders’ criminality including thinking and behaviour, attitudes, accommodation, employment, training and education, relationships, lifestyle and associations, drug misuse and alcohol misuse; and

(c)the risk posed by offenders of serious harm to others and of re-offending

in the area..

Alan Campbell

Parliamentary Under Secretary of State

Home Office

8th March 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which come into force on 1st April 2010 amend the Crime and Disorder (Prescribed Information) Regulations 2007 (“the 2007 Regulations”) to bring references up-to-date, to omit one category of information sharing and to include a new category of information sharing.

The 2007 Regulations prescribe the information that relevant authorities are obliged to disclose to other relevant authorities under section 17A of the Crime and Disorder Act 1998.

These Regulations update references to the National Incident Category List, the Home Office Notifiable Offences List and the Fire and Rescue Service Incident Recording System. The latest National Incident Category List in the National Standards for Incident Recording Instructions for Police Forces in England and Wales and the latest Home Office Notifiable Offences List is available from the Home Office, 2 Marsham Street, London SW1P 4DF. The Fire and Rescue Service Incident Recording System is available from the Department of Communities and Local Government, Eland House, Bressenden Place, London, SW1E 5DU and is available online at http://www.communities.gov.uk/documents/fire/pdf/irsquestionslists.pdf.

These Regulations remove from the Schedule of the 2007 Regulations the requirement on local authorities to disclose details of racial incidents as defined by Best Value Performance Indicators, as local authorities are no longer required to collect this information.

These Regulations also prescribe the information that must be shared by providers of probation services.

(1)

1998 c. 37. Section 17A was inserted by section 22 of, and paragraph 5 of Schedule 9 to, the Police and Justice Act 2006 (c. 48).

(2)

S.I. 2007/1831 as amended by S.I. 2008/1406.