It introduced a whole new series of responsibilities and accountabilities for local authorities, police and other agencies. It also brought in new powers and initiatives for dealing with juvenile nuisance offences.
Here are some of the main provisions of the Act
Prevention of Crime and Disorder
- A duty on chief police officers and local authorities to work together at reducing crime and disorder.
- Review levels and patterns of crime and disorder.
- Prepare an analysis of the results, publish that report and seek views on it.
- Strategy must have short and long-term performance targets covering a three-year period.
- Strategy to be kept under review and amended as necessary.
- Local and police authorities must consider the impact on crime and disorder of all their activities.
Anti-Social Behaviour Orders
- From April 1, 1999, these orders will prevent named individuals aged 10 or over from specified activities to protect communities from anti-social behaviour, especially neighbour nuisance. Local authorities or police may take the lead in getting the orders from magistrates.
- Orders can be made if a person has acted in a way which is likely to cause harassment, alarm or distress to two or more persons. Orders are imposed for at least two years, but could be indefinite.
- If breached offenders face six months imprisonment and/or a fine if dealt with by magistrates, or a maximum five years in prison and/or unlimited fine if dealt with by a higher court.
- The application for an anti-social behaviour order is seen as a last resort when all other avenues have been fully explored.
- Under the Police Reform Act 2002 it is now possible to make interim Anti-Social Behaviour and Sex Offenders Orders.
Sex Offenders Orders
- From December 1, 1998 police have been able to seek this order to restrict the activities of a convicted sex offender where that person's behaviour has been considered to be putting the public at risk.
- Orders last for at least five years and can prevent the named person from doing anything laid out in the order.
- Under the Police Reform Act 2002 it is now possible to make interim Anti-Social Behaviour and Sex Offenders Orders.
Child Safety Orders
- Aimed at reducing the risk of children under 10 slipping into crime.
- Local authorities can apply to magistrates for an order if the child did something that would be an offence if it was over 10, there was the risk of an act occurring, the child breaks a curfew notice, or the child acted in a way that caused harassment, alarm or distress.
- Orders normally last three months and place the child under the supervision of either a social worker or a member of a Youth Offending Team.
Parenting Orders
- Orders requiring parents to take action to change the behaviour of named children between 10 and 17.
- Will usually follow the child being made the subject of a child safety, anti-social behaviour or sex offender order, or where they have been convicted of an offence, or where a person is convicted of failing to ensure school attendance of a child.
- Requires the parent to comply with arrangements - such as accompanying the child to school - for up to 12 months.
- Will also have to attend weekly counselling and guidance sessions for up to three months.
Local Child Curfew Schemes
- Local authorities can set up local curfew schemes for up to 90 days if they believe it is necessary to maintain order.
- Curfew means children under 10 are banned from being in a public place from 9pm to 6am unless controlled by a responsible adult aged 18 or over.
- Councils must consult with the police and then seek the authority of the Secretary of State before introducing the curfew.
- The application for such an order within the Hampshire Constabulary area is seen as being highly unlikely.
Racially Aggravated Offences
- Racially aggravated offences are taken extremely seriously by Hampshire Constabulary and will be both rigorously and sensitively investigated.
- The Act introduces a range of racially-aggravated offences that correspond to existing types of violent crime and harassment.
- An offence is racially-aggravated if the offender is motivated by, or demonstrates hostility towards, the victim's racial group
Youth Justice System
Principal aim is the prevention of offending by children and young people. Police, probation and health authorities are required to work with local authorities to ensure appropriate youth justice services are available, including the provision of:
- 'Appropriate adults' to safeguard those arrested/detained.
- Assessment and rehabilitation.
- Remand and bail support.
- Local authority accommodation for those remanded or committed.
- Court reports.
- Responsible officers for parenting, child safety, reparation and action plan orders.
- Supervision of those on probation or community service orders.
- Supervision of those sentenced to a detention or training order.
- Post-release supervision.
Youth Offending Teams
The Wessex Youth Offending Teams have been established as part of a national pilot project. There are two in Basingstoke, two in Southampton, two in Portsmouth and one for the Isle of Wight.
- The Act says that local authorities must establish one or more YOTs for their areas, with the co-operation of the police authority, probation committee and health authority. Teams co-ordinate youth justice services and help implement youth justice plans. Membership comprises of at least:
- A probation officer.
- A social worker from social services.
- A police officer.
- A health authority representative.
- An education representative.
Youth Justice Board
Set up with 10-12 members appointed by the secretary of state, the board's functions are:
- Monitoring operation of the youth justice system.
- Advising the secretary of state on national standards.
- Dissemination of good practice.
- Awarding of grants and commissioning research.
Youth Reprimands and Warnings
- Police cautions to offenders aged between 10 and 17 are replaced with reprimands, provided that person has not been reprimanded, warned or found guilty previously.
- A future minor offence will mean a final warning, with charges brought for more serious offences.
- An individual will receive a warning only once, unless a subsequent offence is minor and more than two years after the first.
- Following the final warning the young person must be referred to the YOT for a rehabilitation programme.
- Programme could include assessment, work with parents, counselling, reparation, and work to improve attendance and achievement at school.
- If convicted of an offence within two years a conditional discharge would not be available to the court.
Reparation Orders
- Courts have the power to require juvenile offenders to make reparations to their victims or the community.
- Could involve up to 24 hours work and must be completed in three months.
- If breached the court could make a fine of up to £1,000, attendance centre or curfew orders, apply a new sentence for the original charge or commit the offender to crown court.
Action Plan Orders
These orders may be issued if the court believes it will assist rehabilitation or prevent re-offending. It requires the offender to follow the plan for three months and to:
- Participate in specified activities.
- Report in person at specified times.
- Attend an attendance centre.
- Stay away from certain places.
- Comply with educational arrangements.
- Make specified reparations.
- Attend hearings fixed by the court.
Detention and Training Orders
- Courts can apply detention and training orders to young people convicted of offences that would be punishable by imprisonment if the offender was over 21 years.
- Only made for offenders under 15, unless persistent offenders, or under 12 unless necessary to protect the public.
- To be served in secure accommodation.
Sexual, Violent and Drug-Dependent Offenders
- Act includes various provisions for extending sentences for licence purposes for sexual or violent offenders.
- Offenders over 16 who are dependent on or misuse drugs could face a 'treatment and testing' order for between six months and three years if it is thought they may be susceptible to treatment.
- Must accept treatment for the addiction throughout the course.
- Must provide samples for testing to ascertain whether they have drugs in their system.
Crime and Disorder Partnerships
Visit the Local Policing Areas section to see how we are working with the local authority in your area.
