Crime and Disorder Bill [H.L.]

Crime and Disorder Bill [H.L.] - continued	House of Commons
PART I, PREVENTION OF CRIME AND DISORDER - continued

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	Crime and disorder strategies
Authorities responsible for strategies.	6. - (1) Subject to the provisions of this section, the functions conferred by section 7 below shall be exercisable in relation to each local government area by the responsible authorities, that is to say-
	(a) the council for the area and, where the area is a district and the council is not a unitary authority, the council for the county which includes the district; and
	(b) every chief officer of police any part of whose police area lies within the area.
	(2) In exercising those functions, the responsible authorities shall act in co-operation with the following persons and bodies, namely-
	(a) every police authority any part of whose police area lies within the area;
	(b) every probation committee or health authority any part of whose area lies within the area; and
	(c) every person or body of a description which is for the time being prescribed by order of the Secretary of State under this subsection;
	and it shall be the duty of those persons and bodies to co-operate in the exercise by the responsible authorities of those functions.
	(3) The responsible authorities shall also invite the participation in their exercise of those functions of at least one person or body of each description which is for the time being prescribed by order of the Secretary of State under this subsection.
	(4) In this section and sections 7 and 8 below "local government area" means-
	(a) in relation to England, each district or London borough, the City of London, the Isle of Wight and the Isles of Scilly;
	(b) in relation to Wales, each county or county borough.
Formulation and implementation of strategies.	7. - (1) The responsible authorities for a local government area shall, in accordance with the provisions of section 6 above and this section, formulate and implement, for each relevant period, a strategy for the reduction of crime and disorder in the area.
	(2) Before formulating a strategy, the responsible authorities shall-
	(a) carry out a review of the levels and patterns of crime and disorder in the area (taking due account of the knowledge and experience of persons in the area);
	(b) prepare an analysis of the results of that review;
	(c) publish in the area a report of that analysis; and
	(d) obtain the views on that report of persons or bodies in the area (including those of a description prescribed by order under section 6(3) above), whether by holding public meetings or otherwise.
	(3) In formulating a strategy, the responsible authorities shall have regard to the analysis prepared under subsection (2)(b) above and the views obtained under subsection (2)(d) above.
	(4) A strategy shall include-
	(a) objectives to be pursued by the responsible authorities, by co-operating persons or bodies or, under agreements with the responsible authorities, by other persons or bodies; and
	(b) long-term and short-term performance targets for measuring the extent to which such objectives are achieved.
	(5) After formulating a strategy, the responsible authorities shall publish in the area a document which includes details of-
	(a) co-operating persons and bodies;
	(b) the review carried out under subsection (2)(a) above;
	(c) the report published under subsection (2)(c) above; and
	(d) the strategy, including in particular-
	(i) the objectives mentioned in subsection (4)(a) above and, in each case, the authorities, persons or bodies by whom they are to be pursued; and
	(ii) the performance targets mentioned in subsection (4)(b) above.
	(6) While implementing a strategy, the responsible authorities shall keep it under review with a view to monitoring its effectiveness and making any changes to it that appear necessary or expedient.
	(7) In this section-
	"co-operating persons or bodies" means persons or bodies co-operating in the exercise of the responsible authorities' functions under this section;
	"relevant period" means-
	(a) the period of three years beginning with such day as the Secretary of State may by order appoint; and
	(b) each subsequent period of three years.
Supplemental.	8. - (1) The responsible authorities for a local government area shall, whenever so required by the Secretary of State, submit to the Secretary of State a report on such matters connected with the exercise of their functions under section 7 above as may be specified in the requirement.
	(2) A requirement under subsection (1) above may specify the form in which a report is to be given.
	(3) The Secretary of State may arrange, or require the responsible authorities to arrange, for a report under subsection (1) above to be published in such manner as appears to him to be appropriate.
	Youth crime and disorder
Parenting orders.	9. - (1) This section applies where, in any court proceedings-
	(a) a child safety order is made in respect of a child;
	(b) an anti-social behaviour order or sex offender order is made in respect of a child or young person;
	(c) a child or young person is convicted of an offence; or
	(d) a person is convicted of an offence under section 443 (failure to comply with school attendance order) or section 444 (failure to secure regular attendance at school of registered pupil) of the Education Act 1996.
	(2) Subject to subsection (3) and section 10(1) below, if in the proceedings the court is satisfied that the relevant condition is fulfilled, it may make a parenting order in respect of a person who is a parent or guardian of the child or young person or, as the case may be, the person convicted of the offence under section 443 or 444 ("the parent").
	(3) A court shall not make a parenting order unless it has been notified by the Secretary of State that arrangements for implementing such orders are available in the area in which it appears to the court that the parent resides or will reside and the notice has not been withdrawn.
	(4) A parenting order is an order which requires the parent-
	(a) to comply, for a period not exceeding twelve months, with such requirements as are specified in the order; and
	(b) subject to subsection (5) below, to attend, for a concurrent period not exceeding three months and not more than once in any week, such counselling or guidance sessions as may be specified in directions given by the responsible officer;
	and in this subsection "week" means a period of seven days beginning with a Sunday.
	(5) A parenting order may, but need not, include such a requirement as is mentioned in subsection (4)(b) above in any case where such an order has been made in respect of the parent on a previous occasion.
	(6) The relevant condition is that the parenting order would be desirable in the interests of preventing-
	(a) in a case falling within paragraph (a) or (b) of subsection (1) above, any repetition of the kind of behaviour which led to the child safety order, anti-social behaviour order or sex offender order being made;
	(b) in a case falling within paragraph (c) of that subsection, the commission of any further offence by the child or young person;
	(c) in a case falling within paragraph (d) of that subsection, the commission of any further offence under section 443 or 444 of the Education Act 1996.
	(7) The requirements that may be specified under subsection (4)(a) above are those which the court considers desirable in the interests of preventing any such repetition or, as the case may be, the commission of any such further offence.
	(8) In this section and section 10 below "responsible officer", in relation to a parenting order, means one of the following who is specified in the order, namely-
	(a) a probation officer;
	(b) a social worker of a local authority social services department; and
	(c) a member of a youth offending team.
Parenting orders: supplemental.	10. - (1) Where a person under the age of 16 is convicted of an offence, the court by or before which he is so convicted-
	(a) if it is satisfied that the relevant condition is fulfilled, shall make a parenting order; and
	(b) if it is not so satisfied, shall state in open court that it is not and why it is not.
	(2) Before making a parenting order-
	(a) in a case falling within paragraph (a) of subsection (1) of section 9 above;
	(b) in a case falling within paragraph (b) or (c) of that subsection, where the person concerned is under the age of 16; or
	(c) in a case falling within paragraph (d) of that subsection, where the person to whom the offence related is under that age,
	a court shall obtain and consider information about the person's family circumstances and the likely effect of the order on those circumstances.
	(3) Before making a parenting order, a court shall explain to the parent in ordinary language-
	(a) the effect of the order and of the requirements proposed to be included in it;
	(b) the consequences which may follow (under subsection (7) below) if he fails to comply with any of those requirements; and
	(c) that the court has power (under subsection (5) below) to review the order on the application either of the parent or of the responsible officer.
	(4) Requirements specified in, and directions given under, a parenting order shall, as far as practicable, be such as to avoid-
	(a) any conflict with the parent's religious beliefs; and
	(b) any interference with the times, if any, at which he normally works or attends an educational establishment.
	(5) If while a parenting order is in force it appears to the court which made it, on the application of the responsible officer or the parent, that it is appropriate to make an order under this subsection, the court may make an order discharging the parenting order or varying it-
	(a) by cancelling any provision included in it; or
	(b) by inserting in it (either in addition to or in substitution for any of its provisions) any provision that could have been included in the order if the court had then had power to make it and were exercising the power.
	(6) Where an application under subsection (5) above for the discharge of a parenting order is dismissed, no further application for its discharge shall be made under that subsection by any person except with the consent of the court which made the order.
	(7) If while a parenting order is in force the parent without reasonable excuse fails to comply with any requirement included in the order, or specified in directions given by the responsible officer, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Appeals against parenting orders.	11. - (1) An appeal shall lie-
	(a) to the High Court against the making of a parenting order by virtue of paragraph (a) of subsection (1) of section 9 above; and
	(b) to the Crown Court against the making of a parenting order by virtue of paragraph (b) of that subsection.
	(2) On an appeal under subsection (1) above the High Court or the Crown Court-
	(a) may make such orders as may be necessary to give effect to its determination of the appeal; and
	(b) may also make such incidental or consequential orders as appear to it to be just.
	(3) Any order of the High Court or the Crown Court made on an appeal under subsection (1) above (other than one directing that an application be re-heard by a magistrates' court) shall, for the purposes of subsections (5) to (7) of section 10 above, be treated as if it were an order of the court from which the appeal was brought and not an order of the High Court or the Crown Court.
	(4) A person in respect of whom a parenting order is made by virtue of section 9(1)(c) above shall have the same right of appeal against the making of the order as if-
	(a) the offence that led to the making of the order were an offence committed by him; and
	(b) the order were a sentence passed on him for the offence.
	(5) A person in respect of whom a parenting order is made by virtue of section 9(1)(d) above shall have the same right of appeal against the making of the order as if the order were a sentence passed on him for the offence that led to the making of the order.
	(6) The Lord Chancellor may by order make provision as to the circumstances in which appeals under subsection (1)(a) above may be made against decisions taken by courts on questions arising in connection with the transfer, or proposed transfer, of proceedings by virtue of any order under paragraph 2 of Schedule 11 (jurisdiction) to the Children Act 1989 ("the 1989 Act").
	(7) Except to the extent provided for in any order made under subsection (6) above, no appeal may be made against any decision of a kind mentioned in that subsection.

Prepared 2 April 1998