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

Parliament of the United Kingdom The Parliament of the United Kingdom is the Parliamentary sovereignty in the United Kingdom, supreme Legislature, legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of We ...

. 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 Order An anti-social behaviour order (ASBO ) is a civil order made in Great Britain against a person who had been shown, on the balance of evidence, to have engaged in anti-social behaviour. The orders were introduced by Prime Minister Tony Blair in ...

s, 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 common law and civil law, a rebuttable presumption (in Latin, ''praesumptio iuris tantum'') is an assumption made by a court that is taken to be true unless someone proves otherwise. For example, a defendant in a criminal case is presumed inno ...

that a child is '' doli incapax'' (the presumption that a person between ten and fourteen years of age is incapable of committing an offence) and formally abolished the death penalty for the last civilian offences carrying it, namely

treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...

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 other valuable goods. Those who conduct acts of piracy are called pirates, v ...

. The bill had also included changes to change the age of consent for homosexual acts from 18 to 16; however, this was removed by the House of Lords and was eventually passed in the Sexual Offences Act two years later.

Main provisions

Anti-Social Behaviour Orders

The Act introduced a civil remedy called the

anti-social behaviour order An anti-social behaviour order (ASBO ) is a civil order made in Great Britain against a person who had been shown, on the balance of evidence, to have engaged in anti-social behaviour. The orders were introduced by Prime Minister Tony Blair in ...

(or ASBO). These orders are made against people who have engaged in

anti-social behaviour Antisocial behavior is a behavior that is defined as the violation of the rights of others by committing crime, such as stealing and physical attack in addition to other behaviors such as lying and manipulation. It is considered to be disrupti ...

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

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

, 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 country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe ...

and

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

, the orders were made by the

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

s; in

Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to th ...

, they are still made by the sheriff courts. The provisions of the 1998 Act have since been modified by the

Anti-social Behaviour Act 2003 The Anti-Social Behaviour Act 2003 (c.38) is an Act of the Parliament of the United Kingdom which almost entirely applies only to England and Wales. The Act, championed by then Home Secretary, David Blunkett, was passed in 2003. As well as str ...

; they were abolished in England and Wales in 2014.

Sex Offender Orders

In England and Wales, a Sex Offender Order is a similar concept to the Anti-Social Behaviour Order with the key difference being that it is 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 crime. What constitutes a sex crime differs by culture and legal jurisdiction. The majority of convicted sex offenders have convictions for crim ...

s". The Act allows 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 are those that are needed to prevent harm to the public. The order can be made for a minimum of 5 years unless the court upholds a complaint for the order to be varied or discharged. A breach of a Sex Offender Order renders the person to which the order applies liable for imprisonment, on summary conviction, 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 offence is a felony; jurisdictions that do not use the felonies concept often use that of an ...

, up to five years and/or a fine. The act only applies 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 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.

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 (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 law whereby financial criminal penalties ( fines) in legislation have maximum levels set against a standard scale. Then, when inflation makes it necessary to increase the levels of the fines the legisla ...

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 (see

grievous bodily harm 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 Person Act 1861. Th ...

) 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 (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 th ...

) 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 The prescribed sum is the maximum fine that may be imposed on summary conviction of certain offences in the United Kingdom. In England and Wales and Northern Ireland, it is now equivalent to level 5 on the standard scale, which it predates. In Scotl ...

, 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 may refer to: Places * Common, a townland in County Tyrone, Northern Ireland * Boston Common, a central public park in Boston, Massachusetts * Cambridge Common, common land area in Cambridge, Massachusetts * Clapham Common, originally c ...

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 Criminal damage in English law was originally a common law offence. The offence was largely concerned with the protection of dwellings and the food supply, and few sanctions were imposed for damaging personal property. Liability was originally ...

(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 The Public Order Act 1986 (c 64) is an Act of the Parliament of the United Kingdom. It creates a number of public order offences. They replace similar common law offences and parts of the Public Order Act 1936. It implements recommendations

(see

fear or provocation of violence Fear or provocation of violence is a statutory offence in England and Wales created under the Public Order Act 1986. The offence is created by section 4 of the Public Order Act 1986: (1) A person is guilty of an offence if he - :(a) uses towards ...

) 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

(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

(see

harassment, alarm or distress Harassment, alarm or distress is an element of a statutory offence in England and Wales, arising from an expression used in sections 4A and 5 of the Public Order Act 1986, which created the offence. The Act was amended in 1994. The offence The ...

) 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.

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 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 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.32(3)).

=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 Protection from Harassment Act 1997 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 public administration within a particular sovereign state. This particular usage of the word government refers specifically to a level of administration that is both geographically-loca ...

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 A police authority in the United Kingdom is a public authority that is responsible for overseeing the operations of a police force. The nature and composition of police authorities has varied over time, and there are now just four dedicated "polic ...

, probation authority,

Strategic health authority Strategic health authorities (SHA) were part of the structure of the National Health Service in England between 2002 and 2013. Each SHA was responsible for managing performance, enacting directives and implementing health policy as required by the ...

, 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 ('' doli incapax''). Section 36 of the Act abolished the death penalty for all offences of

and for the offence of piracy with violence (under the

Piracy Act 1837 The Piracy Act 1837 (7 Will 4 & 1 Vict c 88) is an Act of the Parliament of the United Kingdom. It abolished the death penalty for most offences of piracy, but created a new offence often known as piracy with violence, which was punishable wit ...

), replacing it with a maximum sentence of life imprisonment (with effect from 30 September 1998).

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

Police Reform Act 2002 The Police Reform Act 2002 (c.30) is an Act of the Parliament of the United Kingdom. Amongst the provisions of the Act are the creation of the role of Police Community Support Officers, who have some police powers whilst not being 'sworn' con ...