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Crime and Disorder Bill [H.L.]

This is the text of the Crime and Disorder Bill [H.L.], as passed by the House of Lords and introduced in the House of Commons on 1 April 1998

 
  
EXPLANATORY AND FINANCIAL MEMORANDUM
 
 
 
  
Crime and Disorder Bill [H.L.]
 
 
 
 
ARRANGEMENT OF CLAUSES

PART I
PREVENTION OF CRIME AND DISORDER
CHAPTER I
ENGLAND AND WALES
Standing Advisory Council on Criminal Justice and the Penal System
Clause 
1.Standing Advisory Council on Criminal Justice and the Penal System.

Crime and disorder: general
2.Anti-social behaviour orders.
3.Sex offender orders.
4.Sex offender orders: supplemental.
5.Appeals against orders.

Crime and disorder strategies
6.Authorities responsible for strategies.
7.Formulation and implementation of strategies.
8.Supplemental.

Youth crime and disorder
9.Parenting orders.
10.Parenting orders: supplemental.
11.Appeals against parenting orders.
12.Child safety orders.
13.Child safety orders: supplemental.
14.Appeals against child safety orders.
15.Local child curfew schemes.
16.Contravention of curfew notices.

Miscellaneous and supplemental
17.Duty to consider crime and disorder implications.
18.Interpretation etc. of Chapter I.

CHAPTER II
SCOTLAND
19.Anti-social behaviour orders.
20.Sex offender orders.
21.Procedural provisions with respect to orders.
22.Offences in connection with breach of orders.
23.Anti-social behaviour as ground of eviction.
24.Noise-making equipment: police power of seizure.

PART II
CRIMINAL LAW
Racially-aggravated offences: England and Wales
25.Meaning of "racially aggravated".
26.Racially-aggravated assaults.
27.Racially-aggravated criminal damage.
28.Racially-aggravated public order offences.
29.Racially-aggravated harassment etc.

Racially-aggravated offences: Scotland
30.Racially-aggravated offences.

Miscellaneous
31.Abolition of rebuttable presumption that a child is doli incapax.
32.Effect of child's silence at trial.
33.Abolition of death penalty for treason and piracy, etc.

PART III
CRIMINAL JUSTICE SYSTEM
Youth justice
34.Aim of the youth justice system.
35.Local provision of youth justice services.
36.Youth offending teams.
37.Youth justice plans.
38.The Youth Justice Board.
39.Supplementary provisions.

Time limits etc.
40.Time limits.
41.Additional time limits for persons under 18.
42.Re-institution of stayed proceedings.
43.Date of first court appearance in bail cases.

Functions of courts etc.
44.Powers of youth courts.
45.Youth courts: power of stipendiary magistrates to sit alone.
46.Powers of magistrates' courts exercisable by single justice etc.
47.Early administrative hearings.
48.No committal proceedings for indictable-only offences.
49.Provisions supplementing section 48.

Miscellaneous
50.Crown Prosecution Service: powers of non-legal staff.
51.Bail: increased powers to require security or impose conditions.
52.Forfeiture of recognizances.
53.Bail: restrictions in certain cases of homicide or rape.
54.Use of live television links at preliminary hearings.

PART IV
DEALING WITH OFFENDERS
CHAPTER I
ENGLAND AND WALES
Sexual or violent offenders
55.Sentences extended for licence purposes.
56.Effect of extended sentences.

Offenders dependent etc. on drugs
57.Drug treatment and testing orders.
58.Requirements and provisions to be included in orders.
59.Periodic reviews.
60.Supplementary provisions as to orders.

Young offenders: reprimands and warnings
61.Reprimands and warnings.
62.Effect of reprimands and warnings.

Young offenders: non-custodial orders
63.Reparation orders.
64.Reparation orders: supplemental.
65.Action plan orders.
66.Action plan orders: supplemental.
67.Supervision orders.
68.Breach of requirements in supervision orders.

Young offenders: detention and training orders
69.Detention and training orders.
70.Duties and powers of court.
71.The period of detention and training.
72.The period of supervision.
73.Breaches of supervision requirements.
74.Offences during currency of order.

Sentencing: general
75.Sentencing guidelines.
76.The Sentencing Advisory Panel.
77.Increase in sentences for racial aggravation.

Supplemental
78.Interpretation etc. of Chapter I.

CHAPTER II
SCOTLAND
Sexual or violent offenders
79.Extended sentences for sex and violent offenders.
80.Further provision as to extended sentences.

Offenders dependent etc. on drugs
81.Drug treatment and testing orders.
82.Requirements and provisions to be included in drug treatment and testing orders.
83.Procedural matters relating to drug treatment and testing orders.
84.Amendment and periodic review of drug treatment and testing orders.
85.Consequences of breach of drug treatment and testing order.
86.Combination of orders.
87.Interpretation provision in relation to drug treatment and testing orders.

Racial aggravation
88.Offences racially aggravated.

PART V
MISCELLANEOUS AND SUPPLEMENTAL
Remands and committals
89.Remands and committals of children and young persons.
90.Remands and committals: alternative provision for 15 or 16 year old boys.

Release and recall of prisoners
91.Power to release short-term prisoners on licence.
92.Curfew condition to be included in licence.
93.Recall to prison of short-term prisoners.
94.Release on licence following recall to prison.
95.Release on licence following return to prison.

Miscellaneous
96.Pre-consolidation amendments.
97.Amendments to Chapter I of Part II of 1997 Act.
98.Repeal of Chapter I of Part III of Crime and Punishment (Scotland) Act 1997.
99.Transitional provisions in relation to certain life prisoners.
100.Deputy authorising officer under Part III of Police Act 1997.

Supplemental
101.Orders and regulations.
102.Disclosure of information.
103.Transitory provisions.
104.General interpretation.
105.Provision for Northern Ireland.
106.Minor and consequential amendments.
107.Transitional provisions, savings and repeals.
108.Short title, commencement and extent.
 

SCHEDULES
    Schedule 1-Schedule 2A to the Civic Government (Scotland) Act 1982.
    Schedule 2-The Youth Justice Board: further provisions.
    Schedule 3-Procedure where persons are sent for trial under section 48.
    Schedule 4-Enforcement etc. of drug treatment and testing orders.
    Schedule 5-Enforcement etc. of reparation and action plan orders.
    Schedule 6-Drug treatment and testing orders: Amendment of the 1995 Act.
    Part I-Amendments relating to combination of orders.
    Part II-Amendments relating to appeals.
    Schedule 7-Pre-consolidation amendments: powers of criminal courts.
    Schedule 8-Minor and consequential amendments.
    Schedule 9-Transitional provisions and savings.
    Schedule 10-Repeals.
 

 
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Prepared 2 April 1998