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CRIME AND DISORDER ACT 1998

UK Public General Acts

Version 11/12/2013

1998 CHAPTER 37

Default Geographical Extent: E+W+S+N.I.


  • Part I (E+W+S). Prevention of crime and disorder
    • Chapter I (E+W). England and Wales
      • Crime and disorder: general (E+W)
      • Crime and disorder strategies (E+W)
      • Youth crime and disorder (E+W)
      • Miscellaneous and supplemental (E+W)
    • Chapter II (S). Scotland
    • Chapter III (E+W+S). Great Britain
  • Part II. Criminal law
    • Racially or religiously aggravated] offences: England and Wales (E+W)
    • Racially-aggravated offences: Scotland (S)
    • Miscellaneous (E+W+N.I.)
  • Part III (E+W+S). Criminal justice system
    • Youth justice (E+W)
    • Time limits etc. (E+W)
    • Functions of courts etc. (E+W+S)
    • Miscellaneous (E+W)
  • F328 [F329 Part 3A (E+W). Live links for accused's attendance at certain preliminary [F330 , Sentencing and other] hearings
  • Part IV (E+W+S). Dealing with offenders
    • Chapter I (E+W+S). England and Wales
      • Sexual or violent offenders (E+W)
      • Offenders dependent etc. on drugs (E+W)
      • Young offenders: reprimands and warnings (E+W+S)
      • Young offenders: youth cautions (E+W+S)
      • Young offenders: youth conditional cautions (E+W)
      • Interpretation of Chapter 1 (E+W)
      • Young offenders: non-custodial orders (E+W)
      • Young offenders: detention and training orders (E+W)
      • Sentencing: general (E+W)
      • Miscellaneous and supplemental (E+W)
    • Chapter II (S). Scotland
      • Sexual or violent offenders (S)
      • Offenders dependent etc. on drugs (S)
      • Racial aggravation (S)
  • Part V. Miscellaneous and supplemental
    • Remands and committals (E+W)
    • Release and recall of prisoners (E+W)
    • Miscellaneous (E+W+S)
    • Supplemental
  • Version 11/12/2013
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  • Version 28/05/2013
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  • Version 08/04/2013
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  • Version 01/04/2013
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  • Version 03/12/2012
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  • Version 08/10/2012
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  • Version 09/01/2012
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  • Version 01/09/2010
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  • Version 05/05/2010
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  • Version 17/12/2009
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  • Version 01/10/2009
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  • Version 06/04/2009
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  • Version 01/04/2009
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  • Version 28/03/2009
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  • Version 01/02/2009
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  • Version 21/07/2008
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  • Version 31/07/1998

Introductory Text

Crime and Disorder Act 1998

1998 CHAPTER 37

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.

[31st July 1998]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations:

Modifications etc. (not altering text)

C1 Act modified (22.7.2008) by Transport for London Act 2008 (c. i), ss. 1(1), 29


Part I (E+W+S)
Prevention of crime and disorder



Chapter I (E+W)
England and Wales



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 [F4 1AA,] 1B [F5 , [F6 1C, 1CA, 1E, IF and 1K] ] “relevant authority” means—

(a) the council for a local government area;
[F7 (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;F8 . . .
[F9 (ca) any non-profit registered provider of social housing which provides or manages any houses or hostel in a local government area;]
(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;[F10 or
(e) a housing action trust established by order in pursuance of section 62 of the Housing Act 1988.] ]
[F11 (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;
[F12 (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—
[F13 (i) “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]
[F14 (ii) persons who are within or likely to be within such a place;]
(d) in relation to a relevant authority falling within paragraph [F15 (ca) ,] (d) [F16 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) F17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Such an application shall be made by complaint to [F18 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.

[F19 (5A) Nothing in this section affects the operation of section 127 of the Magistrates' Courts Act 1980 (limitation of time in respect of informations laid or complaints made in magistrates' court).]

[F20 (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 [F21 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.
[F22 (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.]

[F23 (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.]

[F24 (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 [F25 section 12 of the Powers of Criminal Courts (Sentencing) Act 2000] in respect of the offence.

(12) In this section— [F26 “British Transport Police Force” means the force of constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix) ;] [F27 “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. F28 . . .

Annotations:

Amendments (Textual)

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 (1.2.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 124(4) , 153(7) (with Sch. 27 para. 34); S.I. 2009/140, art. 2(c)

F5 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)

F6 Words in s. 1(1A) substituted (1.2.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 123(2), 153(7) (with Sch. 27 para. 33); S.I. 2009/140, art. 2(b)

F7 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)

F8 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)

F9 S. 1(1A)(ca) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 5, Sch. 2 para. 110(2)

F10 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)

F11 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)

F12 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)

F13 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)

F14 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)}

F15 Word in s. 1(1B)(d) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 5, Sch. 2 para. 110(3)

F16 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)

F17 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)

F18 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

F19 S. 1(5A) inserted (6.4.2008) by Violent Crime Reduction Act 2006 (c. 38), ss. 59(1), 66(2); S.I. 2008/791, art. 3(d)

F20 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)

F21 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)}

F22 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)

F23 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)

F24 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)

F25 Words in s. 1(11) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 192

F26 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)

F27 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)

F28 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)

C2 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)

C3 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))


[F29 1A Power of Secretary of State to add to relevant authorities (E+W)

[F30 (1) ] The Secretary of State may by order provide that the chief officer of a body of constables maintained otherwise than by a [F31 local policing body] 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.

[F32 (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.] ]
Annotations:

Amendments (Textual)

F29 S. 1A inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 62(1); S.I. 2002/2750, art. 2(a)(vii)

F30 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)

F31 Words in s. 1A(1) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 99, 157(1), Sch. 16 para. 232; S.I. 2011/3019, art. 3, Sch. 1 (as amended by S.I. 2012/75, art. 2(2)(d))

F32 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)


[F33 1AA Individual support orders (E+W)

[F34 (1) This section applies 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.

(1A) This section also applies where—

(a) an anti-social behaviour order has previously been made in respect of such a defendant;
(b) an application is made by complaint to the court which made that order, by the relevant authority which applied for it, for an order under this section; and
(c) at the time of the hearing of the application—
(i) the defendant is still a child or young person, and
(ii) the anti-social behaviour order is still in force.
(1B) The court must consider whether the individual support conditions are fulfilled and, if satisfied that they are, must make an individual support order.

(2) An individual support 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 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 [F35 the making of—
(i) the anti-social behaviour order, or
(ii) an order varying that order (in a case where the variation is made as a result of further anti-social behaviour by the defendant) ;]

(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 [F36 mentioned in subsection (3) (a) above] .

(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 F37 . . . 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 F37 . . . ;
(b) a person nominated by [F38 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.
Annotations:

Amendments (Textual)

F33 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)}

F34 S. 1AA(1)-(1B) and words in s. 1AA(2) substituted for s. 1AA(1) and words in s. 1AA(2) (1.2.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 124(1), 153(7) (with Sch. 27 para. 34); S.I. 2009/140, art. 2(c)

F35 Words in s. 1AA(3)(a) substituted (1.2.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 124(2), 153(7) (with Sch. 27 para. 34); S.I. 2009/140, art. 2(c)

F36 Words in s. 1AA(5) substituted (1.2.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 124(3), 153(7) (with Sch. 27 para. 34); S.I. 2009/140, art. 2(c)

F37 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)

F38 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


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.

[F39 (5A) The period specified as the term of an individual support order made on an application under section 1AA(1A) above must not be longer than the remaining part of the term of the anti-social behaviour order as a result of which it is made.]

(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.]

Annotations:

Amendments (Textual)

F33 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)}

F39 S. 1AB(5A) inserted (1.2.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 124(5), 153(7) (with Sch. 27 para. 34); S.I. 2009/140, art. 2(c)


[F40 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.
[F41 (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 [F42 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.

[F43 (8) Sections 1AA and 1AB apply in relation to orders under this section, with any necessary modifications, as they apply in relation to anti-social behaviour orders.

(9) In their application by virtue of subsection (8) , sections 1AA(1A) (b) and 1AB(6) have effect as if the words “by complaint” were omitted.] ]

Annotations:

Amendments (Textual)

F40 S. 1B inserted (1.4.2003) by Police Reform Act 2002 (c. 30), ss. 63, 108(2); S.I. 2003/808, art. 2(f)

F41 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)

F42 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)

F43 S. 1B(8)(9) inserted (1.2.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 124(6), 153(7) (with Sch. 27 para. 34); S.I. 2009/140, art. 2(c)


[F44 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

[F45 (a) if the prosecutor asks it to do so, or
(b) if the court thinks it is appropriate to do so.]

[F46 (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.
[F47 (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) F48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) F48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) F48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) Subsections (7) , (10) [F49 , (10C) ] [F50 , (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.

[F51 (9ZA) An order under this section made in respect of a person under the age of 17, or an order varying such an order, may specify a relevant authority (other than the chief officer of police mentioned in section 1K(2) (a) ) as being responsible for carrying out a review under section 1J of the operation of the order.]

[F52 (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.

[F53 (9AA) Sections 1AA and 1AB apply in relation to orders under this section, with any necessary modifications, as they apply in relation to anti-social behaviour orders.

(9AB) In their application by virtue of subsection (9AA) , sections 1AA(1A) (b) and 1AB(6) have effect as if the words “by complaint” were omitted.

(9AC) In its application by virtue of subsection (9AA) , section 1AA(1A) (b) has effect as if the reference to the relevant authority which applied for the anti-social behaviour order were a reference to the chief officer of police, or other relevant authority, responsible under section 1K(2) (a) or (b) for carrying out a review of the order under this section.]

(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— [F54 “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).]

Annotations:

Amendments (Textual)

F44 S. 1C inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 64; S.I. 2002/2750, art. 2(a)(vii)

F45 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)

F46 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)

F47 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)

F48 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)

F49 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)

F50 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)

F51 S. 1C(9ZA) inserted (1.2.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 123(3), 153(7) (with Sch. 27 para. 33); S.I. 2009/140, art. 2(b)

F52 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)}

F53 S. 1C(9AA)-(9AC) inserted (1.2.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 124(7), 153(7) (with Sch. 27 para. 34); S.I. 2009/140, art. 2(c)

F54 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)


[F55 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.]
Annotations:

Amendments (Textual)

F55 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)


[F56 1D Interim orders (E+W)

[F57 (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 [F58 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) [F59 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.

[F60 (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.] ]
Annotations:

Amendments (Textual)

F56 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)

F57 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)

F58 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)

F59 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)

F60 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)


[F61 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.
[F62 (5) Subsection (4) (a) does not apply if the relevant authority is a county council for a county in which there are no districts.] ]

Annotations:

Amendments (Textual)

F61 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)

F62 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)


[F63 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.]
Annotations:

Amendments (Textual)

F63 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)


[F64 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.
Annotations:

Amendments (Textual)

F64 Ss. 1G, 1H inserted (1.10.2006) by Drugs Act 2005 (c. 17), ss. 20(1), 24(3), S.I. 2006/2136, {art. 2}