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“pupil” is to be construed in accordance with section 3(1) and (1A) of the | |
1996 Act, | |
“registered pupil” has the meaning given by section 434(5) of the 1996 Act, | |
“relevant school” means— | |
(a) a qualifying school as defined in section 1(3) of the Education | 5 |
Act 2002 (c. 32), or | |
(b) a pupil referral unit as defined in section 19(2) of the 1996 Act, | |
“responsible officer”, in relation to a parenting order, means one of the | |
following who is specified in the order, namely— | |
(a) an officer of a local education authority, and | 10 |
(b) a head teacher or a person nominated by a head teacher, | |
but a person falling within paragraph (b) may not be specified in the | |
order without his consent, | |
“the 1996 Act” means the Education Act 1996 (c. 56), | |
“week” means a period of seven days beginning with a Sunday. | 15 |
(2) In subsection (5) of section 8 of the Crime and Disorder Act 1998 (c. 37) | |
(parenting orders) after “such an order” insert “or a parenting order under any | |
other enactment”. | |
Criminal conduct and anti-social behaviour | |
24 Parenting contracts in respect of criminal conduct and anti-social behaviour | 20 |
(1) This section applies where a child or young person has been referred to a youth | |
offending team. | |
(2) The youth offending team may enter into a parenting contract with a parent of | |
the child or young person if a member of that team has reason to believe that | |
the child or young person has engaged, or is likely to engage, in criminal | 25 |
conduct or anti-social behaviour. | |
(3) A parenting contract is a document which contains— | |
(a) a statement by the parent that he agrees to comply with such | |
requirements as may be specified in the document for such period as | |
may be so specified, and | 30 |
(b) a statement by the youth offending team that it agrees to provide | |
support to the parent for the purpose of complying with those | |
requirements. | |
(4) The requirements mentioned in subsection (3)(a) may include (in particular) a | |
requirement to attend counselling or guidance sessions. | 35 |
(5) The purpose of the requirements mentioned in subsection (3)(a) is to prevent | |
the child or young person from engaging in criminal conduct or anti-social | |
behaviour or further criminal conduct or further anti-social behaviour. | |
(6) A parenting contract must be signed by the parent and signed on behalf of the | |
youth offending team. | 40 |
(7) A parenting contract does not create any obligations in respect of whose breach | |
any liability arises in contract or in tort. | |
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(8) Youth offending teams must, in carrying out their functions in relation to | |
parenting contracts, have regard to any guidance which is issued by the | |
Secretary of State from time to time for that purpose. | |
25 Parenting orders in respect of criminal conduct and anti-social behaviour | |
(1) This section applies where a child or young person has been referred to a youth | 5 |
offending team. | |
(2) A member of the youth offending team may apply to a magistrates’ court for a | |
parenting order in respect of a parent of the child or young person. | |
(3) If such an application is made, the court may make a parenting order in respect | |
of a parent of the child or young person if it is satisfied— | 10 |
(a) that the child or young person has engaged in criminal conduct or anti- | |
social behaviour, and | |
(b) that making the order would be desirable in the interests of preventing | |
the child or young person from engaging in further criminal conduct or | |
further anti-social behaviour. | 15 |
(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), to attend, for a concurrent period not | |
exceeding three months and not more than once in any week, such | 20 |
counselling or guidance sessions as may be specified in directions | |
given by the responsible officer. | |
(5) A parenting order under this section may, but need not, include a requirement | |
mentioned in subsection (4)(b) in any case where a parenting order under this | |
section or any other enactment has been made in respect of the parent on a | 25 |
previous occasion. | |
26 Parenting orders: supplemental | |
(1) In deciding whether to make a parenting order under section 25, a court must | |
take into account (amongst other things)— | |
(a) any refusal by the parent to enter into a parenting contract under | 30 |
section 24 in respect of the child or young person, or | |
(b) if the parent has entered into such a parenting contract, any failure by | |
the parent to comply with the requirements specified in the contract. | |
(2) Before making a parenting order under section 25 in the case of a child or a | |
young person under the age of 16, a court must obtain and consider | 35 |
information about the child or young person’s family circumstances and the | |
likely effect of the order on those circumstances. | |
(3) Subsections (3) to (7) of section 9 of the 1998 Act (supplemental provisions | |
about parenting orders) are to apply in relation to a parenting order under | |
section 25 as they apply in relation to a parenting order under section 8 of that | 40 |
Act. | |
(4) Members of youth offending teams and responsible officers must, in carrying | |
out their functions in relation to parenting orders, have regard to any guidance | |
which is issued by the Secretary of State from time to time for that purpose. | |
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27 Parenting orders: appeals | |
(1) An appeal lies to the Crown Court against the making of a parenting order | |
under section 25. | |
(2) Subsections (2) and (3) of section 10 of the 1998 Act (appeals against parenting | |
orders) are to apply in relation to an appeal under this section as they apply in | 5 |
relation to an appeal under subsection (1)(b) of that section. | |
28 Interpretation | |
In this section and section 24 to 26— | |
“anti-social behaviour” means behaviour by a person which causes or is | |
likely to cause harassment, alarm or distress to one or more other | 10 |
persons not of the same household as the person, | |
“child” has the same meaning as in the 1998 Act, | |
“criminal conduct” means conduct which— | |
(a) constitutes a criminal offence, or | |
(b) in the case of conduct by a person under the age of 10, would | 15 |
constitute a criminal offence if that person were not under that | |
age, | |
“parent” includes guardian, | |
“responsible officer”, in relation to a parenting order, means a member of | |
a youth offending team who is specified in the order, | 20 |
“the 1998 Act” means the Crime and Disorder Act 1998 (c. 37), | |
“week” means a period of seven days beginning with a Sunday, | |
“young person” has the same meaning as in the 1998 Act, | |
“youth offending team” means a team established under section 39 of the | |
1998 Act. | 25 |
Part 4 | |
Dispersal of groups etc. | |
29 Dispersal of groups and removal of persons under 16 to their place of | |
residence | |
(1) This section applies where a relevant officer has reasonable grounds for | 30 |
believing— | |
(a) that any members of the public have been intimidated, harassed, | |
alarmed or distressed as a result of the presence or behaviour of groups | |
of two or more persons in public places in any locality in his police area | |
(the “relevant locality”), and | 35 |
(b) that anti-social behaviour is a significant and persistent problem in the | |
relevant locality. | |
(2) The relevant officer may give an authorisation that the powers conferred on a | |
constable in uniform by subsections (3) to (6) are to be exercisable for a period | |
specified in the authorisation which does not exceed 6 months. | 40 |
(3) Subsection (4) applies if a constable in uniform has reasonable grounds for | |
believing that the presence or behaviour of a group of two or more persons in | |
any public place in the relevant locality has resulted, or is likely to result, in any | |
members of the public being intimidated, harassed, alarmed or distressed. | |
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(4) The constable may give one or more of the following directions, namely— | |
(a) a direction requiring the persons in the group to disperse (either | |
immediately or by such time as he may specify and in such way as he | |
may specify), | |
(b) a direction requiring any of those persons whose place of residence is | 5 |
not within the relevant locality to leave the relevant locality (either | |
immediately or by such time as he may specify and in such way as he | |
may specify), and | |
(c) a direction prohibiting any of those persons whose place of residence is | |
not within the relevant locality from returning to the relevant locality | 10 |
for such period (not exceeding 24 hours) from the giving of the | |
direction as he may specify; | |
but this subsection is subject to subsection (5). | |
(5) A direction under subsection (4) may not be given in respect of a group of | |
persons— | 15 |
(a) who are engaged in conduct which is lawful under section 220 of the | |
Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), or | |
(b) who are taking part in a public procession of the kind mentioned in | |
section 11(1) of the Public Order Act 1986 (c. 64) in respect of which— | |
(i) written notice has been given in accordance with section 11 of | 20 |
that Act, or | |
(ii) such notice is not required to be given as provided by | |
subsections (1) and (2) of that section. | |
(6) If, between the hours of 9pm and 6am, a constable in uniform finds a person in | |
any public place in the relevant locality who he has reasonable grounds for | 25 |
believing— | |
(a) is under the age of 16, and | |
(b) is not under the effective control of a parent or a responsible person | |
aged 18 or over, | |
he may remove the person to the person’s place of residence unless he has | 30 |
reasonable grounds for believing that the person would, if removed to that | |
place, be likely to suffer significant harm. | |
(7) In this section any reference to the presence or behaviour of a group of persons | |
is to be read as including a reference to the presence or behaviour of any one | |
or more of the persons in the group. | 35 |
30 Authorisations: supplemental | |
(1) An authorisation— | |
(a) must be in writing, | |
(b) must be signed by the relevant officer giving it, and | |
(c) must specify— | 40 |
(i) the relevant locality, | |
(ii) the grounds on which the authorisation is given, and | |
(iii) the period during which the powers conferred by section 29(3) | |
to (6) are exercisable. | |
(2) Before the giving of an authorisation, consultation must take place with any | 45 |
local authority whose area includes the whole or part of the relevant locality. | |
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(3) Publicity must be given to an authorisation by either or both of the following | |
methods— | |
(a) publishing an authorisation notice in a newspaper circulating in the | |
relevant locality, | |
(b) posting an authorisation notice in some conspicuous place or places | 5 |
within the relevant locality. | |
(4) An “authorisation notice” is a notice which— | |
(a) states the authorisation has been given, | |
(b) specifies the relevant locality, and | |
(c) specifies the period during which the powers conferred by section 29(3) | 10 |
to (6) are exercisable. | |
(5) Subsection (3) must be complied with before the beginning of the period | |
mentioned in subsection (4)(c). | |
(6) An authorisation may be withdrawn by— | |
(a) the relevant officer who gave it, or | 15 |
(b) any other relevant officer whose police area includes the relevant | |
locality and whose rank is the same as or higher than that of the | |
relevant officer mentioned in paragraph (a). | |
(7) Before the withdrawal of an authorisation, consultation must take place with | |
any local authority whose area includes the whole or part of the relevant | 20 |
locality. | |
(8) The withdrawal of an authorisation does not affect the exercise of any power | |
pursuant to that authorisation which occurred prior to its withdrawal. | |
(9) The giving or withdrawal of an authorisation does not prevent the giving of a | |
further authorisation in respect of a locality which includes the whole or any | 25 |
part of the relevant locality to which the earlier authorisation relates. | |
(10) In this section “authorisation” means an authorisation under section 29. | |
31 Powers under section 29: supplemental | |
(1) A direction under section 29(4)— | |
(a) may be given orally, | 30 |
(b) may be given to any person individually or to two or more persons | |
together, and | |
(c) may be withdrawn or varied by the person who gave it. | |
(2) A person who knowingly contravenes a direction given to him under section | |
29(4) commits an offence and is liable on summary conviction to— | 35 |
(a) a fine not exceeding level 4 on the standard scale, or | |
(b) imprisonment for a term not exceeding 3 months, | |
or to both. | |
(3) A constable in uniform may arrest without warrant any person he reasonably | |
suspects has committed an offence under subsection (2). | 40 |
(4) Where the power under section 29(6) is exercised, any local authority whose | |
area includes the whole or part of the relevant locality must be notified of that | |
fact. | |
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