Outraging public decency
297 Offence of outraging public decency triable either way
(1) After paragraph 1 of Schedule 1 to the Magistrates’ Courts Act 1980 (c. 43)
(offences triable either way by virtue of section 17) there is inserted—
“1A An offence at common law of outraging public decency.”
(2) This section does not apply in relation to any offence committed before the
commencement of this section.
298 Jury service
Schedule 29 (jury service) shall have effect.
Individual support orders
299 Individual support orders
After section 1A of the Crime and Disorder Act 1998 (c. 37) there is inserted—
“1AA Individual support orders
(1) Where a court makes an anti-social behaviour order in respect of a
defendant who is a child or young person when that order is made, it
must consider whether the individual support conditions are fulfilled.
(2) If it is satisfied that those conditions are fulfilled, the court must make
an order under this section (“an individual support order”) which—
(a) requires the defendant to comply, for a period not exceeding six
months, with such requirements as are specified in the order;
(b) requires the defendant to comply with any directions given by
the responsible officer with a view to the implementation of the
requirements under paragraph (a) above.
(3) The individual support conditions are—
(a) that an individual support order would be desirable in the
interests of preventing any repetition of the kind of behaviour
which led to the making of the anti-social behaviour order;
(b) that the defendant is not already subject to an individual
support order; and
(c) that the court has been notified by the Secretary of State that
arrangements for implementing individual support orders are
available in the area in which it appears to it that the defendant
resides or will reside and the notice has not been withdrawn.
(4) If the court is not satisfied that the individual support conditions are
fulfilled, it shall state in open court that it is not so satisfied and why it
(5) The requirements that may be specified under subsection (2)(a) above
are those that the court considers desirable in the interests of
preventing any repetition of the kind of behaviour which led to the
making of the anti-social behaviour order.
(6) Requirements included in an individual support order, or directions
given under such an order by a responsible officer, may require the
defendant to do all or any of the following things—
(a) to participate in activities specified in the requirements or
directions at a time or times so specified;
(b) to present himself to a person or persons so specified at a place
or places and at a time or times so specified;
(c) to comply with any arrangements for his education so specified.
(7) But requirements included in, or directions given under, such an order
may not require the defendant to attend (whether at the same place or
at different places) on more than two days in any week; and “week”
here means a period of seven days beginning with a Sunday.
(8) Requirements included in, and directions given under, an individual
support order shall, as far as practicable, be such as to avoid—
(a) any conflict with the defendant’s religious beliefs; and
(b) any interference with the times, if any, at which he normally
works or attends school or any other educational establishment.
(9) Before making an individual support order, the court shall obtain from
a social worker of a local authority social services department or a
member of a youth offending team any information which it considers
necessary in order—
(a) to determine whether the individual support conditions are
(b) to determine what requirements should be imposed by an
individual support order if made,
and shall consider that information.
(10) In this section and section 1AB below “responsible officer”, in relation
to an individual support order, means one of the following who is
specified in the order, namely—
(a) a social worker of a local authority social services department;
(b) a person nominated by a person appointed as chief education
officer under section 532 of the Education Act 1996 (c. 56);
(c) a member of a youth offending team.
1AB Individual support orders: explanation, breach, amendment etc
(1) Before making an individual support order, the court shall explain to
the defendant 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 (3)
below) if he fails to comply with any of those requirements; and
(c) that the court has power (under subsection (6) below) to review
the order on the application either of the defendant or of the
(2) The power of the Secretary of State under section 156(4) of the Criminal
Justice Act 2003 includes power by order to—
(a) prescribe cases in which subsection (1) above does not apply;
(b) prescribe cases in which the explanation referred to in that
subsection may be made in the absence of the defendant, or may
be provided in written form.
(3) If the person in respect of whom an individual support order is made
fails without reasonable excuse to comply with any requirement
included in the order, he is guilty of an offence and liable on summary
conviction to a fine not exceeding—
(a) if he is aged 14 or over at the date of his conviction, £1,000;
(b) if he is aged under 14 then, £250.
(4) No referral order under section 16(2) or (3) of the Powers of Criminal
Courts (Sentencing) Act 2000 (referral of young offenders to youth
offender panels) may be made in respect of an offence under subsection
(5) If the anti-social behaviour order as a result of which an individual
support order was made ceases to have effect, the individual support
order (if it has not previously ceased to have effect) ceases to have effect
when the anti-social behaviour order does.
(6) On an application made by complaint by—
(a) the person subject to an individual support order, or
(b) the responsible officer,
the court which made the individual support order may vary or
discharge it by a further order.
(7) If the anti-social behaviour order as a result of which an individual
support order was made is varied, the court varying the anti-social
behaviour order may by a further order vary or discharge the
individual support order.”
300 Individual support orders: consequential amendments
(1) The Crime and Disorder Act 1998 (c. 37) is amended as mentioned in
subsections (2) to (5).
(2) In section 4 of that Act (appeals against orders)—
(a) in subsection (1) after “an anti-social behaviour order” there is inserted
“, an individual support order”, and
(b) in subsection (3) after “1(8)” there is inserted “, 1AB(6)”.
(3) In section 18(1) of that Act (interpretation of Chapter 1)—
(a) after the definition of “curfew notice” there is inserted—
““individual support order” has the meaning given by section
1AA(2) above;”, and
(b) in the definition of “responsible officer”, before paragraph (a) there is
“(za) in relation to an individual support order, has the
meaning given by section 1AA(10) above;”.
(4) In section 18(4) of that Act (cases where social worker or member of a youth
offending team to give supervision or directions)—
(a) after “directions under” there is inserted “an individual support order
(b) for “the child or, as the case may be, the parent” there is substituted “the
child, defendant or parent, as the case may be,”.
(5) In section 38 of that Act (local provision of youth justice services), in subsection
(4)(f) after “in relation to” there is inserted “individual support orders,”.
(6) In section 143(2) (provisions in which sums may be altered) of the Magistrates’
Courts Act 1980 (c. 43), after paragraph (d) there is inserted—
“(da) section 1AB(3) of the Crime and Disorder Act 1998 (failure to
comply with individual support order);”.
Parenting orders and referral orders
301 Parenting orders and referral orders
Schedule 30 (parenting orders and referral orders) shall have effect.
Assessing etc. risks posed by sexual or violent offenders
302 Arrangements for assessing etc risks posed by certain offenders
(1) In this section—
“relevant sexual or violent offender” has the meaning given by section
“responsible authority”, in relation to any area, means the chief officer of
police, the local probation board for that area and the Minister of the
Crown exercising functions in relation to prisons, acting jointly.
(2) The responsible authority for each area must establish arrangements for the
purpose of assessing and managing the risks posed in that area by—
(a) relevant sexual and violent offenders, and
(b) other persons who, by reason of offences committed by them (wherever
committed), are considered by the responsible authority to be persons
who may cause serious harm to the public.
(3) In establishing those arrangements, the responsible authority must act in co-
operation with the persons specified in subsection (6); and it is the duty of
those persons to co-operate in the establishment by the responsible authority
of those arrangements, to the extent that such co-operation is compatible with
the exercise by those persons of their functions under any other enactment.
(4) Co-operation under subsection (3) may include the exchange of information.
(5) The responsible authority for each area (“the relevant area”) and the persons
specified in subsection (6) must together draw up a memorandum setting out
the ways in which they are to co-operate.
(6) The persons referred to in subsections (3) and (5) are—
(a) every youth offending team established for an area any part of which
falls within the relevant area,
(b) the Ministers of the Crown exercising functions in relation to social
security, child support, war pensions, employment and training,
(c) every local education authority any part of whose area falls within the
(d) every local housing authority or social services authority any part of
whose area falls within the relevant area,
(e) every registered social landlord which provides or manages residential
accommodation in the relevant area in which persons falling within
subsection (2)(a) or (b) reside or may reside,
(f) every Health Authority or Strategic Health Authority any part of
whose area falls within the relevant area,
(g) every Primary Care Trust or Local Health Board any part of whose area
falls within the relevant area,
(h) every NHS trust any part of whose area falls within the relevant area,
(i) every person who is designated by the Secretary of State by order for
the purposes of this paragraph as a provider of electronic monitoring
(7) The Secretary of State may by order amend subsection (6) by adding or
removing any person or description of person.
(8) The Secretary of State may issue guidance to responsible authorities on the
discharge of the functions conferred by this section and section 303.
(9) In this section—
“local education authority” has the same meaning as in the Education Act
1996 (c. 56);
“local housing authority” has the same meaning as in the Housing Act
1985 (c. 68);
“Minister of the Crown” has the same meaning as in the Ministers of the
Crown Act 1975 (c. 26);
“NHS trust” has the same meaning as in the National Health Service Act
1977 (c. 49);
“prison” has the same meaning as in the Prison Act 1952 (c. 52);
“registered social landlord” has the same meaning as in Part 1 of the
Housing Act 1996 (c. 52);
“social services authority” means a local authority for the purposes of the
Local Authority Social Services Act 1970 (c. 42).
303 Review of arrangements
(1) The responsible authority for each area must keep the arrangements
established by it under section 302 under review with a view to monitoring
their effectiveness and making any changes to them that appear necessary or
(2) The responsible authority for any area must exercise their functions under
subsection (1) in consultation with persons appointed by the Secretary of State
as lay advisers in relation to that authority.
(3) The Secretary of State must appoint two lay advisers under subsection (2) in
relation to each responsible authority.
(4) The responsible authority must pay to or in respect of the persons so appointed
such allowances as the Secretary of State may determine.
(5) As soon as practicable after the end of each period of 12 months beginning with
1 April, the responsible authority for each area must—
(a) prepare a report on the discharge by it during that period of the
functions conferred by section 302 and this section, and
(b) publish the report in that area.
(6) The report must include—
(a) details of the arrangements established by the responsible authority,
(b) information of such descriptions as the Secretary of State has notified to
the responsible authority that he wishes to be included in the report.
304 Section 302: interpretation
(1) For the purposes of section 302, a person is a relevant sexual or violent offender
if he falls within one or more of subsections (2) to (5).
(2) A person falls within this subsection if he is subject to the notification
requirements of Part 1 of the Sex Offenders Act 1997.
(3) A person falls within this subsection if—
(a) he is convicted by a court in England or Wales of murder or an offence
specified in Schedule 14, and
(b) one of the following sentences is imposed on him in respect of the
(i) a sentence of imprisonment for a term of 12 months or more,
(ii) a sentence of detention in a young offender institution for a
term of 12 months or more,
(iii) a sentence of detention during Her Majesty’s pleasure,
(iv) a sentence of detention for public protection under section 208,
(v) a sentence of detention for a period of 12 months or more under
section 91 of the Sentencing Act (offenders under 18 convicted
of certain serious offences),
(vi) a sentence of detention under section 210,
(vii) a detention and training order for a term of 12 months or more,
(viii) a hospital or guardianship order within the meaning of the
Mental Health Act 1983 (c. 20).
(4) A person falls within this subsection if—
(a) he is found not guilty by a court in England and Wales of murder or an
offence specified in Schedule 14 by reason of insanity or to be under
such a disability and to have done the act charged against him in
respect of such an offence, and
(b) one of the following orders is made in respect of the act charged against
him as the offence—
(i) an order that he be admitted to hospital, or
(ii) a guardianship order within the meaning of the Mental Health
(5) A person falls within this subsection if the first condition set out in section 28(2)
or 29(2) of the Criminal Justice and Court Services Act 2000 (c. 43) or the second
condition set out in section 28(3) or 29(3) of that Act is satisfied in his case.
(6) In this section “court” does not include a service court, as defined by section
Criminal record certificates
305 Criminal record certificates: amendments of Part 5 of Police Act 1997
Schedule 31 (which contains amendments of Part 5 of the Police Act 1997
(c. 50)) shall have effect.
306 Orders and rules
(1) This section applies to—
(a) any power conferred by this Act on the Secretary of State to make an
order or rules,
(b) the power conferred by section 150 on the Lord Chancellor to make an
(2) The power, unless it is a power to make rules under section 221(5), is
exercisable by statutory instrument.
(3) The power—
(a) may be exercised so as to make different provision for different
purposes or different areas, and
(b) may be exercised either for all the purposes to which the power
extends, or for those purposes subject to specified exceptions, or only
for specified purposes.
(4) The power includes power to make—
(a) any supplementary, incidental or consequential provision, and
(b) any transitory, transitional or saving provision,
which the Minister making the instrument considers necessary or expedient.
(5) A statutory instrument containing—
(a) an order under any of the following provisions—