The Crime and Disorder Act 1998 (c. 37) is an Act of the

Parliament of the United Kingdom The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace ...

. The Act was published on 2 December 1997 and received royal assent in July 1998. Its key areas were the introduction of Anti-Social Behaviour Orders, Sex Offender Orders, Parenting Orders, granting local authorities more responsibilities with regards to strategies for reducing crime and disorder, and the introduction of law specific to 'racially aggravated' offences. The Act also abolished

rebuttable presumption In law, a presumption is an "inference of a particular fact". There are two types of presumptions: rebuttable presumptions and irrebuttable (or conclusive) presumptions. A rebuttable presumption will either shift the burden of production (requ ...

that a child is ''

doli incapax Doli may refer to: * Doli (character), recurring character in Lloyd Alexander's fantasy series ''The Chronicles of Prydain'' * Doli (musical instrument), a type of drum * Doli, Croatia, a village near Dubrovnik, Croatia * Doli (vehicle), a typ ...

'' (the presumption that a person between ten and fourteen years of age is incapable of committing an offence) and formally abolished the

death penalty Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence ordering that an offender be punished in s ...

for the last civilian offences carrying it, namely

treason Treason is the crime of attacking a state (polity), state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to Coup d'état, overthrow its government, spy ...

and

piracy Piracy is an act of robbery or criminal violence by ship or boat-borne attackers upon another ship or a coastal area, typically with the goal of stealing cargo and valuable goods, or taking hostages. Those who conduct acts of piracy are call ...

. The bill had also included a reduction in the age of consent for homosexual acts from 18 to 16. However, this provision was removed by the House of Lords; it would eventually be enacted two years later by the Sexual Offences (Amendment) Act.

Main provisions

Anti-Social Behaviour Orders

The Act introduced a civil remedy called the anti-social behaviour order (or ASBO). These orders are made against people who have engaged in

anti-social behaviour Anti-social behaviours, sometimes called dissocial behaviours, are actions which are considered to violate the rights of or otherwise harm others by committing crime or nuisance, such as stealing and physical attack or noncriminal behaviours s ...

, which is defined as "conduct which caused or was likely to cause alarm,

harassment Harassment covers a wide range of behaviors of an offensive nature. It is commonly understood as behavior that demeans, humiliates, and intimidates a person, and it is characteristically identified by its unlikelihood in terms of social and ...

, or distress to one or more persons not of the same household as him or herself and where an ASBO is seen as necessary to protect relevant persons from further anti-social acts by the

Defendant In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one juris ...

". In

England England is a Countries of the United Kingdom, country that is part of the United Kingdom. It is located on the island of Great Britain, of which it covers about 62%, and List of islands of England, more than 100 smaller adjacent islands. It ...

and

Wales Wales ( ) is a Countries of the United Kingdom, country that is part of the United Kingdom. It is bordered by the Irish Sea to the north and west, England to the England–Wales border, east, the Bristol Channel to the south, and the Celtic ...

, the orders were made by the

magistrates' court A magistrates' court is a lower court where, in several Jurisdiction (area), jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings. Courts * Magistrates' court (England and Wales) ...

s; in

Scotland Scotland is a Countries of the United Kingdom, country that is part of the United Kingdom. It contains nearly one-third of the United Kingdom's land area, consisting of the northern part of the island of Great Britain and more than 790 adjac ...

, they are still made by the

sheriff court A sheriff court () is the principal local civil and criminal court in Scotland, with exclusive jurisdiction over all civil cases with a monetary value up to , and with the jurisdiction to hear any criminal case except treason, murder, and ra ...

s. The provisions of the 1998 Act have since been modified by the Anti-social Behaviour Act 2003; they were abolished in England and Wales in 2014.

Sex Offender Orders

In England and Wales, a Sex Offender Order was a similar concept to the Anti-Social Behaviour Order with the key difference being that it was specifically aimed at those people in society that are deemed "

sex offender A sex offender (sexual offender, sex abuser, or sexual abuser) is a person who has committed a Sex and the law, sex crime. What constitutes a sex crime differs by culture and legal jurisdiction. The majority of convicted sex offenders have convi ...

s". The Act allowed a police officer to approach the magistrates' court and show that they have reasonable cause to believe that there is a need for an order to be made to protect the public from harm. The conditions placed in such an order were those that are needed to prevent harm to the public. The order could be made for a minimum of 5 years unless the court upheld a complaint for the order to be varied or discharged. A breach of a Sex Offender Order rendered the person to which the order applies liable for imprisonment, on

summary conviction A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary offe ...

, for up to six months, or on conviction on

indictment An indictment ( ) is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offense is a felony; jurisdictions that do not use that concept often use that of an ind ...

, up to five years and/or a fine. The act only applied to those people that are defined as a 'sex offender' per Section 3(1) of the act, namely that the person has been convicted of an offence that is subject to notification requirements (as specified in Part I of the Sex Offenders Act 1997); was found not guilty as a result of insanity; or has been cautioned for such an offence (except in Scotland) and at the time admitted it: or has been convicted of a similar offence in any country outside of the United Kingdom and the offence would have been deemed a sexual offence under UK law. Sex offender orders were replaced with sexual offences prevention orders with the Sexual Offences Act 2003, and further replaced in England and Wales with sexual harm prevention orders with the Anti-social Behaviour, Crime and Policing Act 2014.

Parenting Orders

In England and Wales, a Parenting Order is an order made against the parent(s) of a child which has been given an Anti-Social Behaviour Order, has been convicted of an offence, or the parent has been convicted of an offence under section 443 or 444 of the

Education Act 1996 The Education Act 1996 (c. 56) is act of the Parliament of the United Kingdom, introduced under the second John Major government. It led to the establishment of special local authorities, who for example would identify children with special educ ...

(i.e. failure to prevent truancy). Its aim is that parents must adhere to the conditions to stop their child from behaving similarly; failure to do so will lead to their conviction. The order can be made for a period not exceeding 12 months. There are restrictions on orders being made that interfere with the parents' or child's religious beliefs or that interfere with the times which the parent normally attends work or an educational institution. If the parenting order is breached, the parent(s) could be liable to a fine, not exceeding level 3 on the

standard scale The standard scale is a system in Commonwealth of Nations, Commonwealth law whereby financial Criminal law, criminal penalties (Fine (penalty), fines) in legislation have maximum levels set against a standard scale. Then, when inflation makes it nec ...

Racially or religiously aggravated offences

In England and Wales, Sections 28 to 32 of the Act create separate offences for crimes that were aggravated by the victim's race or religion or presumed race or religion. They did not originally apply to crimes that are aggravated by the offender's perception of the victim's membership of a religion but it was amended by section 39 of the Anti-terrorism, Crime and Security Act 2001.

Racially or religiously aggravated assaults

= Serious violent offences

= Section 29(1)(a) creates the distinct offence of racially or religiously aggravated wounding or infliction of bodily harm. A person is guilty of this offence if he commits an offence under section 20 of the

Offences Against the Person Act 1861 The Offences against the Person Act 1861 ( 24 & 25 Vict. c. 100) is an act of the Parliament of the United Kingdom that consolidated provisions related to offences against the person (an expression which, in particular, includes offences of ...

(see

grievous bodily harm Assault occasioning grievous bodily harm (often abbreviated to GBH) is a term used in English criminal law to describe the severest forms of battery. It refers to two offences that are created by sections 18 and 20 of the Offences against the ...

) which is racially or religiously aggravated within the meaning of section 28. Section 29(1)(b) creates the distinct offence of racially or religiously aggravated assault occasioning actual bodily harm. A person is guilty of this offence if they commit an offence under section 47 of the

Offences against the Person Act 1861 The Offences against the Person Act 1861 ( 24 & 25 Vict. c. 100) is an act of the Parliament of the United Kingdom that consolidated provisions related to offences against the person (an expression which, in particular, includes offences of ...

(see

assault occasioning actual bodily harm Assault occasioning actual bodily harm (often abbreviated to Assault OABH, AOABH or simply ABH) is a statutory offence of aggravated assault in England and Wales, Northern Ireland, the Australian Capital Territory, New South Wales, Hong Kong and t ...

) which is racially or religiously aggravated within the meaning of section 28. A person guilty of either of these offences is liable on conviction on indictment to imprisonment for a term not exceeding seven years, or to a fine, or to both, or on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both (s.29(2)).

=Common assault

= Section 29(1)(c) creates the distinct offence of racially or religiously aggravated common assault. A person is guilty of this offence if he commits a

common assault Common assault is an offence in English law. It is committed by a person who causes another person to apprehend the immediate use of unlawful violence by the defendant. In England and Wales, the penalty and mode of trial for this offence is pro ...

which is racially or religiously aggravated within the meaning of section 28. This offence is triable either way. A person guilty of this offence is liable on conviction on indictment to imprisonment for a term not exceeding two years, or to a fine, or to both, or on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both (s.29(3)).

= Racially or religiously aggravated criminal damage

= Section 30(1) creates the distinct offence of racially or religiously aggravated criminal damage. A person is guilty of this offence if he commits an offence under section 1(1) of the

Criminal Damage Act 1971 Property damage, Criminal damage is a crime in English law. Originally a common law offence, today it is defined for England and Wales by the Criminal Damage Act 1971, which creates several offences protecting property rights. The act provides ...

(see also criminal damage) which is racially or religiously aggravated within the meaning of section 28. A person guilty of this offence is liable on conviction on indictment to imprisonment for a term not exceeding fourteen years, or to a fine, or to both, or on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both (s.30(2)).

Racially or religiously aggravated public order offences

=Fear or provocation of violence and intentional harassment, alarm or distress

= Section 31(1)(a) creates the distinct offence of racially or religiously aggravated fear or provocation of violence. A person is guilty of this offence if he commits an offence under section 4 of the Public Order Act 1986 (see fear or provocation of violence) which is racially or religiously aggravated within the meaning of section 28. Section 31(1)(b) creates the distinct offence of racially or religiously aggravated intentional harassment, alarm or distress. A person is guilty of this offence if he commits an offence under section 4A of the Public Order Act 1986 (see intentional harassment, alarm or distress) which is racially or religiously aggravated within the meaning of section 28. A person guilty of either of these offences is liable on conviction on indictment to imprisonment for a term not exceeding two years, or to a fine, or to both, or on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both (s.31(4)).

=Harassment, alarm or distress

= Section 31(1)(c) creates the distinct offence of racially or religiously aggravated harassment, alarm or distress. A person is guilty of this offence if he commits an offence under section 5 of the Public Order Act 1986 (see harassment, alarm or distress) which is racially or religiously aggravated within the meaning of section 28. A person guilty of this offence is liable on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding level 4 on the standard scale (s.29(3)).

=Arrest

= Sections 31(2) and (3) formerly provided a statutory power of arrest for offences under section 31(1). They were repealed by section 174 of, and Part 2 of Schedule 17 to, the

Serious Organised Crime and Police Act 2005 The Serious Organised Crime and Police Act 2005 (c. 15) (often abbreviated to SOCPA or SOCAP) is an Act of Parliament, Act of the Parliament of the United Kingdom aimed primarily at creating the Serious Organised Crime Agency. It also significan ...

Racially or religiously aggravated harassment etc.

=Harassment

= A person is guilty of an offence under section 32(1)(a) if he commits an offence under section 2 of the

Protection from Harassment Act 1997 The Protection from Harassment Act 1997 (c. 40) is an act of the Parliament of the United Kingdom. On introducing the Bill's second reading in the House of Lords, the Lord Chancellor, Lord Mackay of Clashfern, said, "The aim of this Bill is t ...

=Putting people in fear of violence

= A person is guilty of an offence under section 32(1)(b) if he commits an offence under section 4 of the

which is racially or religiously aggravated within the meaning of section 28. A person guilty of this offence is liable on conviction on indictment to imprisonment for a term not exceeding seven years, or to a fine, or to both, or on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both (s.32(4)). In Scotland, Section 33 amended the Criminal Law (Consolidation) (Scotland) Act 1995 by inserting a new section 50A. This creates the offence of racially aggravated harassment.

Local authority responsibilities

Each

Local Authority Local government is a generic term for the lowest tiers of governance or public administration within a particular sovereign state. Local governments typically constitute a subdivision of a higher-level political or administrative unit, such a ...

in England and Wales was given the responsibility to formulate and implement a strategy to reduce crime and disorder in their area. The Act also requires the local authority to work with every police authority, probation authority, Strategic health authority, social landlords, the voluntary sector, and local residents and businesses. Known as Crime and Disorder Reduction Partnerships (CDRPs) in England, and Community Safety Partnerships (CSPs) in Wales, the Home Office may require any Partnership to supply details of their community safety arrangements.

Other provisions

Section 34 of the Act abolished the

that a child (defined as a person under fourteen but over the age of ten) is incapable of committing an offence (''

''). Section 36 of the Act abolished the

for all offences of

and for the offence of piracy with violence (under the Piracy Act 1837), replacing it with a maximum sentence of life imprisonment (with effect from 30 September 1998). These were the last offences carrying the death penalty, which had not been carried out for any offence since its abolition for murder in 1965. The United Kingdom is now prohibited by treaty ( Protocol 6 and Protocol 13 to the European Convention on Human Rights) from reintroducing it for any offence.

Case law

On 28 February 2007, the House of Lords ruled that use of the expletive "bloody foreigner" amounted to racial abuse under the Act, and held that the legal definition of "racial group" went beyond colour, race or ethnic origin to include nationality, citizenship and national origin – even if they were not specified in the words used by the offender. Baroness Hale stated that such conduct was not only deeply hurtful, damaging and disrespectful to the victim, but also to the community as a whole "by denying acceptance to members of certain groups not for their own sake but for the sake of something they can do nothing about".telegraph.co.uk: "Saying 'bloody foreigner' is ruled racist"
28 Feb 2007

References

The Crime and Disorder Act 1998
as amended, from the

National Archives National archives are the archives of a country. The concept evolved in various nations at the dawn of modernity based on the impact of nationalism upon bureaucratic processes of paperwork retention. Conceptual development From the Middle Ages i ...

. * * *
Public Order Act 1986
*
WikiCrimeLine Racially and Religiously Aggravated CrimeWikiCrimeLine
Crime and Disorder Act 1998 as amended by Police Reform Act 2002