Crime and Disorder Act 1998 (c. 37)

(The document as of February, 2008)

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(b) on conviction on indictment, to imprisonment for a term not exceeding seven years or to a fine, or to both.

(3) A person guilty of an offence falling within subsection (1)(c) above shall be 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;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

30 Racially-aggravated criminal damage

(1) A person is guilty of an offence under this section if he commits an offence under section 1(1) of the [1971 c. 48.] Criminal Damage Act 1971 (destroying or damaging property belonging to another) which is racially aggravated for the purposes of this section.

(2) A person guilty of an offence under this section shall be 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;

(b) on conviction on indictment, to imprisonment for a term not exceeding fourteen years or to a fine, or to both.

(3) For the purposes of this section, section 28(1)(a) above shall have effect as if the person to whom the property belongs or is treated as belonging for the purposes of that Act were the victim of the offence.

31 Racially-aggravated public order offences

(1) A person is guilty of an offence under this section if he commits--

(a) an offence under section 4 of the [1986 c. 64.] Public Order Act 1986 (fear or provocation of violence);

(b) an offence under section 4A of that Act (intentional harassment, alarm or distress); or

which is racially aggravated for the purposes of this section.

(2) A constable may arrest without warrant anyone whom he reasonably suspects to be committing an offence falling within subsection (1)(a) or (b) above.

(3) A constable may arrest a person without warrant if--

(a) he engages in conduct which a constable reasonably suspects to constitute an offence falling within subsection (1)(c) above;

(b) he is warned by that constable to stop; and

The conduct mentioned in paragraph (a) above and the further conduct need not be of the same nature.

(4) A person guilty of an offence falling within subsection (1)(a) or (b) above shall be 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;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

(5) A person guilty of an offence falling within subsection (1)(c) above shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(6) If, on the trial on indictment of a person charged with an offence falling within subsection (1)(a) or (b) above, the jury find him not guilty of the offence charged, they may find him guilty of the basic offence mentioned in that provision.

(7) For the purposes of subsection (1)(c) above, section 28(1)(a) above shall have effect as if the person likely to be caused harassment, alarm or distress were the victim of the offence.

32 Racially-aggravated harassment etc

(1) A person is guilty of an offence under this section if he commits--

(a) an offence under section 2 of the [1997 c. 40.] Protection from Harassment Act 1997 (offence of harassment); or

(b) an offence under section 4 of that Act (putting people in fear of violence),

which is racially aggravated for the purposes of this section.

(2) In section 24(2) of the 1984 Act (arrestable offences), after paragraph (o) there shall be inserted--

" (p) an offence falling within section 32(1)(a) of the Crime and Disorder Act 1998 (racially-aggravated harassment); " .

(3) A person guilty of an offence falling within subsection (1)(a) above shall be 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;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

(4) A person guilty of an offence falling within subsection (1)(b) above shall be 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;

(b) on conviction on indictment, to imprisonment for a term not exceeding seven years or to a fine, or to both.

(5) If, on the trial on indictment of a person charged with an offence falling within subsection (1)(a) above, the jury find him not guilty of the offence charged, they may find him guilty of the basic offence mentioned in that provision.

(6) If, on the trial on indictment of a person charged with an offence falling within subsection (1)(b) above, the jury find him not guilty of the offence charged, they may find him guilty of an offence falling within subsection (1)(a) above.

(7) Section 5 of the [1997 c. 40.] Protection from Harassment Act 1997 (restraining orders) shall have effect in relation to a person convicted of an offence under this section as if the reference in subsection (1) of that section to an offence under section 2 or 4 included a reference to an offence under this section.

Racially-aggravated offences: Scotland

33 Racially-aggravated offences

After section 50 of the [1995 c. 39.] Criminal Law (Consolidation) (Scotland) Act 1995 there shall be inserted the following section--

" Racially-aggravated harassment

50A Racially-aggravated harassment

(1) A person is guilty of an offence under this section if he--

(a) pursues a racially-aggravated course of conduct which amounts to harassment of a person and--

(i) is intended to amount to harassment of that person; or

(ii) occurs in circumstances where it would appear to a reasonable person that it would amount to harassment of that person; or

(b) acts in a manner which is racially aggravated and which causes, or is intended to cause, a person alarm or distress.

(2) For the purposes of this section a course of conduct or an action is racially aggravated if--

(a) immediately before, during or immediately after carrying out the course of conduct or action the offender evinces towards the person affected malice and ill-will based on that person's membership (or presumed membership) of a racial group; or

(b) the course of conduct or action is motivated (wholly or partly) by malice and ill-will towards members of a racial group based on their membership of that group.

(3) In subsection (2)(a) above--

"membership", in relation to a racial group, includes association with members of that group;
"presumed" means presumed by the offender.

(4) It is immaterial for the purposes of paragraph (a) or (b) of subsection (2) above whether or not the offender's malice and ill-will is also based, to any extent, on--

(a) the fact or presumption that any person or group of persons belongs to any religious group; or

(b) any other factor not mentioned in that paragraph.

(5) A person who is guilty of an offence under this section shall--

(a) on summary conviction, be liable to a fine not exceeding the statutory maximum, or imprisonment for a period not exceeding six months, or both such fine and such imprisonment; and

(b) on conviction on indictment, be liable to a fine or to imprisonment for a period not exceeding seven years, or both such fine and such imprisonment.

(6) In this section--

"conduct" includes speech;
"harassment" of a person includes causing the person alarm or distress;
"racial group" means a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins,

and a course of conduct must involve conduct on at least two occasions. "

Miscellaneous

34 Abolition of rebuttable presumption that a child is doli incapax

The rebuttable presumption of criminal law that a child aged 10 or over is incapable of committing an offence is hereby abolished.

35 Effect of child's silence at trial

In section 35 of the 1994 Act (effect of accused's silence at trial), the following provisions shall cease to have effect, namely--

(a) in subsection (1), the words "who has attained the age of fourteen years"; and

(b) subsection (6).

36 Abolition of death penalty for treason and piracy

(1) In section I of the [1537 c. 7.] Treason Act (Ireland) 1537 (practising any harm etc. to, or slandering, the King, Queen or heirs apparent punishable as high treason), for the words "have and suffer such pains of death and" there shall be substituted the words "be liable to imprisonment for life and to such".

(2) In the following enactments, namely--

(a) section II of the [1542 c. 1.] Crown of Ireland Act 1542 (occasioning disturbance etc. to the crown of Ireland punishable as high treason);

(b) section XII of the [1560 c. 1.] Act of Supremacy (Ireland) 1560 (penalties for maintaining or defending foreign authority);

(c) section 3 of the [1702 c. 21.] Treason Act 1702 (endeavouring to hinder the succession to the Crown etc. punishable as high treason);

(d) section I of the [1703 c. 5.] Treason Act (Ireland) 1703 (which makes corresponding provision),

for the words "suffer pains of death" there shall be substituted the words "be liable to imprisonment for life".

(3) The following enactments shall cease to have effect, namely--

(a) the [1790 c. 48.] Treason Act 1790;

(b) the [1795 c. 7.] Treason Act 1795.

(4) In section 1 of the [1814 c. 146.] Treason Act 1814 (form of sentence in case of high treason), for the words "such person shall be hanged by the neck until such person be dead", there shall be substituted the words "such person shall be liable to imprisonment for life".

(5) In section 2 of the [1837 c. 88.] Piracy Act 1837 (punishment of piracy when murder is attempted), for the words "and being convicted thereof shall suffer death" there shall be substituted the words "and being convicted thereof shall be liable to imprisonment for life".

(6) The following enactments shall cease to have effect, namely--

(a) the Sentence of [1931 c. 24.] Death (Expectant Mothers) Act 1931; and

(b) sections 32 and 33 of the [1945 c. 15 (N.I.).] Criminal Justice Act Northern Ireland) 1945 (which make corresponding provision).

Part III Criminal justice system

Youth justice

37 Aim of the youth justice system

(1) It shall be the principal aim of the youth justice system to prevent offending by children and young persons.

(2) In addition to any other duty to which they are subject, it shall be the duty of all persons and bodies carrying out functions in relation to the youth justice system to have regard to that aim.

38 Local provision of youth justice services

(1) It shall be the duty of each local authority, acting in co-operation with the persons and bodies mentioned in subsection (2) below, to secure that, to such extent as is appropriate for their area, all youth justice services are available there.

(2) It shall be the duty of--

(a) every chief officer of police or police authority any part of whose police area lies within the local authority's area; and

(b) every probation committee or health authority any part of whose area lies within that area,

to co-operate in the discharge by the local authority of their duty under subsection (1) above.

(3) The local authority and every person or body mentioned in subsection (2) above shall have power to make payments towards expenditure incurred in the provision of youth justice services--

(a) by making the payments directly; or

(b) by contributing to a fund, established and maintained by the local authority, out of which the payments may be made.

(4) In this section and sections 39 to 41 below "youth justice services" means any of the following, namely--

(a) the provision of persons to act as appropriate adults to safeguard the interests of children and young persons detained or questioned by police officers;

(b) the assessment of children and young persons, and the provision for them of rehabilitation programmes, for the purposes of section 66(2) below;

(c) the provision of support for children and young persons remanded or committed on bail while awaiting trial or sentence;

(d) the placement in local authority accommodation of children and young persons remanded or committed to such accommodation under section 23 of the [1969 c. 54.] Children and Young Persons Act 1969 ("the 1969 Act");

(e) the provision of reports or other information required by courts in criminal proceedings against children and young persons;

(f) the provision of persons to act as responsible officers in relation to parenting orders, child safety orders, reparation orders and action plan orders;

(g) the supervision of young persons sentenced to a probation order, a community service order or a combination order;

(h) the supervision of children and young persons sentenced to a detention and training order or a supervision order;

(i) the post-release supervision of children and young persons under section 37(4A) or 65 of the 1991 Act or section 31 of the [1997 c. 43.] Crime (Sentences) Act 1997 ("the 1997 Act");

(j) the performance of functions under subsection (1) of section 75 below by such persons as may be authorised by the Secretary of State under that subsection.

(5) The Secretary of State may by order amend subsection (4) above so as to extend, restrict or otherwise alter the definition of "youth justice services" for the time being specified in that subsection.

39 Youth offending teams

(1) Subject to subsection (2) below, it shall be the duty of each local authority, acting in co-operation with the persons and bodies mentioned in subsection (3) below, to establish for their area one or more youth offending teams.

(2) Two (or more) local authorities acting together may establish one or more youth offending teams for both (or all) their areas; and where they do so--

(a) any reference in the following provisions of this section (except subsection (4)(b)) to, or to the area of, the local authority or a particular local authority shall be construed accordingly, and

(b) the reference in subsection (4)(b) to the local authority shall be construed as a reference to one of the authorities.

(3) It shall be the duty of--

(a) every chief officer of police any part of whose police area lies within the local authority's area; and

(b) every probation committee or health authority any part of whose area lies within that area,

to co-operate in the discharge by the local authority of their duty under subsection (1) above.

(4) The local authority and every person or body mentioned in subsection (3) above shall have power to make payments towards expenditure incurred by, or for purposes connected with, youth offending teams--

(a) by making the payments directly; or

(b) by contributing to a fund, established and maintained by the local authority, out of which the payments may be made.

(5) A youth offending team shall include at least one of each of the following, namely--

(a) a probation officer;

(b) a social worker of a local authority social services department;

(d) a person nominated by a health authority any part of whose area lies within the local authority's area;

(e) a person nominated by the chief education officer appointed by the local authority under section 532 of the [1996 c. 56.] Education Act 1996.

(6) A youth offending team may also include such other persons as the local authority thinks appropriate after consulting the persons and bodies mentioned in subsection (3) above.

(7) It shall be the duty of the youth offending team or teams established by a particular local authority--

(a) to co-ordinate the provision of youth justice services for all those in the authority's area who need them; and

(b) to carry out such functions as are assigned to the team or teams in the youth justice plan formulated by the authority under section 40(1) below.

40 Youth justice plans

(1) It shall be the duty of each local authority, after consultation with the relevant persons and bodies, to formulate and implement for each year a plan (a "youth justice plan") setting out--

(a) how youth justice services in their area are to be provided and funded; and

(b) how the youth offending team or teams established by them (whether alone or jointly with one or more other local authorities) are to be composed and funded, how they are to operate, and what functions they are to carry out.

(2) In subsection (1) above "the relevant persons and bodies" means the persons and bodies mentioned in section 38(2) above and, where the local authority is a county council, any district councils whose districts form part of its area.

(3) The functions assigned to a youth offending team under subsection (1)(b) above may include, in particular, functions under paragraph 7(b) of Schedule 2 to the 1989 Act (local authority's duty to take reasonable steps designed to encourage children and young persons not to commit offences).

(4) A local authority shall submit their youth justice plan to the Board established under section 41 below, and shall publish it in such manner and by such date as the Secretary of State may direct.

41 The Youth Justice Board

(1) There shall be a body corporate to be known as the Youth Justice Board for England and Wales ("the Board").

(2) The Board shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Board's property shall not be regarded as property of, or held on behalf of, the Crown.

(3) The Board shall consist of 10, 11 or 12 members appointed by the Secretary of State.

(4) The members of the Board shall include persons who appear to the Secretary of State to have extensive recent experience of the youth justice system.

(5) The Board shall have the following functions, namely--

(a) to monitor the operation of the youth justice system and the provision of youth justice services;

(b) to advise the Secretary of State on the following matters, namely--

(i) the operation of that system and the provision of such services;

(ii) how the principal aim of that system might most effectively be pursued;

(iii) the content of any national standards he may see fit to set with respect to the provision of such services, or the accommodation in which children and young persons are kept in custody; and

(iv) the steps that might be taken to prevent offending by children and young persons;

(d) for the purposes of paragraphs (a), (b) and (c) above, to obtain information from relevant authorities;

(e) to publish information so obtained;

(f) to identify, to make known and to promote good practice in the following matters, namely--

(i) the operation of the youth justice system and the provision of youth justice services;

(ii) the prevention of offending by children and young persons; and

(iii) working with children and young persons who are or are at risk of becoming offenders;

(g) to make grants, with the approval of the Secretary of State, to local authorities or other bodies for them to develop such practice, or to commission research in connection with such practice; and

(h) themselves to commission research in connection with such practice.

(6) The Secretary of State may by order--

(a) amend subsection (5) above so as to add to, subtract from or alter any of the functions of the Board for the time being specified in that subsection; or

(b) provide that any function of his which is exercisable in relation to the youth justice system shall be exercisable concurrently with the Board.

(7) In carrying out their functions, the Board shall comply with any directions given by the Secretary of State and act in accordance with any guidance given by him.

(8) A relevant authority--

(a) shall furnish to the Board any information required for the purposes of subsection (5)(a), (b) or (c) above; and

(b) whenever so required by the Board, shall submit to the Board a report on such matters connected with the discharge of their duties under the foregoing provisions of this Part as may be specified in the requirement.

A requirement under paragraph (b) above may specify the form in which a report is to be given.

(9) The Board may arrange, or require the relevant authority to arrange, for a report under subsection (8)(b) above to be published in such manner as appears to the Board to be appropriate.

(10) In this section "relevant authority" means a local authority, a chief officer of police, a police authority, a probation committee and a health authority.

(11) Schedule 2 to this Act (which makes further provision with respect to the Board) shall have effect.

42 Supplementary provisions

(1) In the foregoing provisions of this Part and this section--

"chief officer of police" has the meaning given by section 101(1) of the [1996 c. 16.] Police Act 1996;
"local authority" means--
(a)
in relation to England, a county council, a district council whose district does not form part of an area that has a county council, a London borough council or the Common Council of the City of London;
(b)
in relation to Wales, a county council or a county borough council;
"police authority" has the meaning given by section 101(1) of the [1996 c. 16.] Police Act 1996;
"youth justice system" means the system of criminal justice in so far as it relates to children and young persons.

(2) For the purposes of those provisions, the Isles of Scilly form part of the county of Cornwall and the Inner Temple and the Middle Temple form part of the City of London.

(3) In carrying out any of their duties under those provisions, a local authority, a police authority, a probation committee or a health authority shall act in accordance with any guidance given by the Secretary of State.

Time limits etc.

43 Time limits

(1) In subsection (2) of section 22 (time limits in relation to criminal proceedings) of the [1985 c. 23.] Prosecution of Offences Act 1985 ("the 1985 Act"), for paragraphs (a) and (b) there shall be substituted the following paragraphs--

" (a) be made so as to apply only in relation to proceedings instituted in specified areas, or proceedings of, or against persons of, specified classes or descriptions;

(b) make different provision with respect to proceedings instituted in different areas, or different provision with respect to proceedings of, or against persons of, different classes or descriptions; " .

(2) For subsection (3) of that section there shall be substituted the following subsection--

" (3) The appropriate court may, at any time before the expiry of a time limit imposed by the regulations, extend, or further extend, that limit; but the court shall not do so unless it is satisfied--

(a) that the need for the extension is due to--

(i) the illness or absence of the accused, a necessary witness, a judge or a magistrate;

(ii) a postponement which is occasioned by the ordering by the court of separate trials in the case of two or more accused or two or more offences; or

(iii) some other good and sufficient cause; and

(b) that the prosecution has acted with all due diligence and expedition. "

(3) In subsection (4) of that section, for the words from "the accused" to the end there shall be substituted the words "the appropriate court shall stay the proceedings".

(4) In subsection (6) of that section--

(a) for the word "Where" there shall be substituted the words "Subsection (6A) below applies where"; and

(b) for the words from "the overall time limit" to the end there shall be substituted the words "and is accordingly unlawfully at large for any period."

(5) After that subsection there shall be inserted the following subsection--

" (6A) The following, namely--

(a) the period for which the person is unlawfully at large; and

(b) such additional period (if any) as the appropriate court may direct, having regard to the disruption of the prosecution occasioned by--

(i) the person's escape or failure to surrender; and

(ii) the length of the period mentioned in paragraph (a) above,

shall be disregarded, so far as the offence in question is concerned, for the purposes of the overall time limit which applies in his case in relation to the stage which the proceedings have reached at the time of the escape or, as the case may be, at the appointed time. "

(6) In subsection (7) of that section, after the words "time limit," there shall be inserted the words "or to give a direction under subsection (6A) above,".

(7) In subsection (8) of that section, after the words "time limit" there shall be inserted the words ", or to give a direction under subsection (6A) above,".

(8) After subsection (11) of that section there shall be inserted the following subsection--

" (11ZA) For the purposes of this section, proceedings for an offence shall be taken to begin when the accused is charged with the offence or, as the case may be, an information is laid charging him with the offence. "

44 Additional time limits for persons under 18

After section 22 of the 1985 Act there shall be inserted the following section--

" 22A Additional time limits for persons under 18

(1) The Secretary of State may by regulations make provision--

(a) with respect to a person under the age of 18 at the time of his arrest in connection with an offence, as to the maximum period to be allowed for the completion of the stage beginning with his arrest and ending with the date fixed for his first appearance in court in connection with the offence ("the initial stage");

(b) with respect to a person convicted of an offence who was under that age at the time of his arrest for the offence or (where he was not arrested for it) the laying of the information charging him with it, as to the period within which the stage between his conviction and his being sentenced for the offence should be completed.

(2) Subsection (2) of section 22 above applies for the purposes of regulations under subsection (1) above as if--

(a) the reference in paragraph (d) to custody or overall time limits were a reference to time limits imposed by the regulations; and

(b) the reference in paragraph (e) to proceedings instituted before the commencement of any provisions of the regulations were a reference to a stage begun before that commencement.

(3) A magistrates' court may, at any time before the expiry of the time limit imposed by the regulations under subsection (1)(a) above ("the initial stage time limit"), extend, or further extend, that limit; but the court shall not do so unless it is satisfied--

(a) that the need for the extension is due to some good and sufficient cause; and

(b) that the investigation has been conducted, and (where applicable) the prosecution has acted, with all due diligence and expedition.

(4) Where the initial stage time limit (whether as originally imposed or as extended or further extended under subsection (3) above) expires before the person arrested is charged with the offence, he shall not be charged with it unless further evidence relating to it is obtained, and--

(a) if he is then under arrest, he shall be released;

(b) if he is then on bail under Part IV of the [1984 c. 60.] Police and Criminal Evidence Act 1984, his bail (and any duty or conditions to which it is subject) shall be discharged.

(5) Where the initial stage time limit (whether as originally imposed or as extended or further extended under subsection (3) above) expires after the person arrested is charged with the offence but before the date fixed for his first appearance in court in connection with it, the court shall stay the proceedings.

(6) Where--

(a) a person escapes from arrest; or

(b) a person who has been released on bail under Part IV of the [1984 c. 60.] Police and Criminal Evidence Act 1984 fails to surrender himself at the appointed time,

and is accordingly unlawfully at large for any period, that period shall be disregarded, so far as the offence in question is concerned, for the purposes of the initial stage time limit.

(7) Subsections (7) to (9) of section 22 above apply for the purposes of this section, at any time after the person arrested has been charged with the offence in question, as if any reference (however expressed) to a custody or overall time limit were a reference to the initial stage time limit.

(8) Where a person is convicted of an offence in any proceedings, the exercise of the power conferred by subsection (3) above shall not be called into question in any appeal against that conviction.

(9) Any reference in this section (however expressed) to a person being charged with an offence includes a reference to the laying of an information charging him with it. "

45 Re-institution of stayed proceedings

After section 22A of the 1985 Act there shall be inserted the following section--

" 22B Re-institution of proceedings stayed under section 22(4) or 22A(5)

(1) This section applies where proceedings for an offence ("the original proceedings") are stayed by a court under section 22(4) or 22A(5) of this Act.

(2) If--

(a) in the case of proceedings conducted by the Director, the Director or a Chief Crown Prosecutor so directs;

(b) in the case of proceedings conducted by the Director of the Serious Fraud Office, the Commissioners of Inland Revenue or the Commissioners of Customs and Excise, that Director or those Commissioners so direct; or

(c) in the case of proceedings not conducted as mentioned in paragraph (a) or (b) above, a person designated for the purpose by the Secretary of State so directs,

fresh proceedings for the offence may be instituted within a period of three months (or such longer period as the court may allow) after the date on which the original proceedings were stayed by the court.

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