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Crime and Disorder Act 1998

1998 CHAPTER 37

ARRANGEMENT OF SECTIONS

Go to Preamble

  1. Part I

    Prevention of crime and disorder

    1. Chapter I

      England and Wales

      1. Crime and disorder: general

        1. 1. Anti-social behaviour orders.

        2. 2. Sex offender orders.

        3. 3. Sex offender orders: supplemental.

        4. 4. Appeals against orders.

      2. Crime and disorder strategies

        1. 5. Authorities responsible for strategies.

        2. 6. Formulation and implementation of strategies.

        3. 7. Supplemental.

      3. Youth crime and disorder

        1. 8. Parenting orders.

        2. 9. Parenting orders: supplemental.

        3. 10. Appeals against parenting orders.

        4. 11. Child safety orders.

        5. 12. Child safety orders: supplemental.

        6. 13. Appeals against child safety orders.

        7. 14. Local child curfew schemes.

        8. 15. Contravention of curfew notices.

        9. 16. Removal of truants to designated premises etc.

      4. Miscellaneous and supplemental

        1. 17. Duty to consider crime and disorder implications.

        2. 18. Interpretation etc. of Chapter I.

    2. Chapter II

      Scotland

      1. 19. Anti-social behaviour orders.

      2. 20. Sex offender orders.

      3. 21. Procedural provisions with respect to orders.

      4. 22. Offences in connection with breach of orders.

      5. 23. Anti-social behaviour as ground of eviction.

      6. 24. Noise-making equipment: police power of seizure.

    3. Chapter III

      Great Britain

      1. 25. Powers to require removal of masks etc.

      2. 26. Retention and disposal of things seized.

      3. 27. Power of arrest for failure to comply with requirement.

  2. Part II

    Criminal law

    1. Racially-aggravated offences: England and Wales

      1. 28. Meaning of “racially aggravated”.

      2. 29. Racially-aggravated assaults.

      3. 30. Racially-aggravated criminal damage.

      4. 31. Racially-aggravated public order offences.

      5. 32. Racially-aggravated harassment etc.

    2. Racially-aggravated offences: Scotland

      1. 33. Racially-aggravated offences.

    3. Miscellaneous

      1. 34. Abolition of rebuttable presumption that a child is doli incapax.

      2. 35. Effect of child’s silence at trial.

      3. 36. Abolition of death penalty for treason and piracy.

  3. Part III

    Criminal justice system

    1. Youth justice

      1. 37. Aim of the youth justice system.

      2. 38. Local provision of youth justice services.

      3. 39. Youth offending teams.

      4. 40. Youth justice plans.

      5. 41. The Youth Justice Board.

      6. 42. Supplementary provisions.

    2. Time limits etc.

      1. 43. Time limits.

      2. 44. Additional time limits for persons under 18.

      3. 45. Re-institution of stayed proceedings.

      4. 46. Date of first court appearance in bail cases.

    3. Functions of courts etc.

      1. 47. Powers of youth courts.

      2. 48. Youth courts: power of stipendiary magistrates to sit alone.

      3. 49. Powers of magistrates' courts exercisable by single justice etc.

      4. 50. Early administrative hearings.

      5. 51. No committal proceedings for indictable-only offences.

      6. 52. Provisions supplementing section 51.

    4. Miscellaneous

      1. 53. Crown Prosecution Service: powers of non-legal staff.

      2. 54. Bail: increased powers to require security or impose conditions.

      3. 55. Forfeiture of recognizances.

      4. 56. Bail: restrictions in certain cases of homicide or rape.

      5. 57. Use of live television links at preliminary hearings.

  4. Part IV

    Dealing with offenders

    1. Chapter I

      England and Wales

      1. Sexual or violent offenders

        1. 58. Sentences extended for licence purposes.

        2. 59. Effect of extended sentences.

        3. 60. Re-release of prisoners serving extended sentences.

      2. Offenders dependent etc. on drugs

        1. 61. Drug treatment and testing orders.

        2. 62. Requirements and provisions to be included in orders.

        3. 63. Periodic reviews.

        4. 64. Supplementary provisions as to orders.

      3. Young offenders: reprimands and warnings

        1. 65. Reprimands and warnings.

        2. 66. Effect of reprimands and warnings.

      4. Young offenders: non-custodial orders

        1. 67. Reparation orders.

        2. 68. Reparation orders: supplemental.

        3. 69. Action plan orders.

        4. 70. Action plan orders: supplemental.

        5. 71. Supervision orders.

        6. 72. Breach of requirements in supervision orders.

      5. Young offenders: detention and training orders

        1. 73. Detention and training orders.

        2. 74. Duties and powers of court.

        3. 75. The period of detention and training.

        4. 76. The period of supervision.

        5. 77. Breaches of supervision requirements.

        6. 78. Offences during currency of order.

        7. 79. Interaction with sentences of detention.

      6. Sentencing: general

        1. 80. Sentencing guidelines.

        2. 81. The Sentencing Advisory Panel.

        3. 82. Increase in sentences for racial aggravation.

      7. Miscellaneous and supplemental

        1. 83. Power to make confiscation orders on committal for sentence.

        2. 84. Football spectators: failure to comply with reporting duty.

        3. 85. Interpretation etc. of Chapter I.

    2. Chapter II

      Scotland

      1. Sexual or violent offenders

        1. 86. Extended sentences for sex and violent offenders.

        2. 87. Further provision as to extended sentences.

        3. 88. Re-release of prisoners serving extended sentences.

      2. Offenders dependent etc. on drugs

        1. 89. Drug treatment and testing orders.

        2. 90. Requirements and provisions to be included in drug treatment and testing orders.

        3. 91. Procedural matters relating to drug treatment and testing orders.

        4. 92. Amendment and periodic review of drug treatment and testing orders.

        5. 93. Consequences of breach of drug treatment and testing order.

        6. 94. Combination of orders.

        7. 95. Interpretation provision in relation to drug treatment and testing orders.

      3. Racial aggravation

        1. 96. Offences racially aggravated.

  5. Part V

    Miscellaneous and supplemental

    1. Remands and committals

      1. 97. Remands and committals of children and young persons.

      2. 98. Remands and committals: alternative provision for 15 or 16 year old boys.

    2. Release and recall of prisoners

      1. 99. Power to release short-term prisoners on licence.

      2. 100. Curfew condition to be included in licence.

      3. 101. Early release: two or more sentences.

      4. 102. Restriction on consecutive sentences for released prisoners.

      5. 103. Recall to prison of short-term prisoners.

      6. 104. Release on licence following recall to prison.

      7. 105. Release on licence following return to prison.

    3. Miscellaneous

      1. 106. Pre-consolidation amendments.

      2. 107. Amendments to Chapter I of Part II of 1997 Act.

      3. 108. Repeal of Chapter I of Part III of Crime and Punishment (Scotland) Act 1997.

      4. 109. Transitional provisions in relation to certain life prisoners.

      5. 110. Calculation of period of detention at customs office etc. where person previously detained.

      6. 111. Early release in Scotland: two or more sentences.

      7. 112. Restriction on consecutive sentences for released prisoners: Scotland.

      8. 113. Deputy authorising officer under Part III of Police Act 1997.

    4. Supplemental

      1. 114. Orders and regulations.

      2. 115. Disclosure of information.

      3. 116. Transitory provisions.

      4. 117. General interpretation.

      5. 118. Provision for Northern Ireland.

      6. 119. Minor and consequential amendments.

      7. 120. Transitional provisions, savings and repeals.

      8. 121. Short title, commencement and extent.

  6. Schedules:

    1. Schedule 1

      Schedule 2A to the Civic Government (Scotland) Act 1982.

    2. Schedule 2

      The Youth Justice Board: further provisions.

    3. Schedule 3

      Procedure where persons are sent for trial under section 51.

    4. Schedule 4

      Enforcement etc. of drug treatment and testing orders.

    5. Schedule 5

      Enforcement etc. of reparation and action plan orders.

    6. Schedule 6

      Drug treatment and testing orders: amendment of the 1995 Act.

      1. Part I

        Amendments relating to combination of orders.

      2. Part II

        Amendments relating to appeals.

    7. Schedule 7

      Pre-consolidation amendments: powers of criminal courts.

    8. Schedule 8

      Minor and consequential amendments.

    9. Schedule 9

      Transitional provisions and savings.

    10. Schedule 10

      Repeals.

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:—

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