Crime and Disorder Act 1998
Act of the Parliament of the United Kingdom
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The Crime and Disorder Act 1998 (c. 37) is an act of the Parliament of the United Kingdom. The act was published on 2 December 1997 and received royal assent in July 1998. Its key areas were the introduction of Anti-Social Behaviour Orders, Sex Offender Orders, Parenting Orders, granting local authorities more responsibilities with regard to strategies for reducing crime and disorder, and the introduction of law specific to 'racially aggravated' offences. The act also abolished rebuttable presumption that a child is doli incapax (the presumption that a person between ten and fourteen years of age is incapable of committing an offence) and formally abolished the death penalty for the last civilian offences carrying it, namely treason and piracy.
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The bill had also included a reduction in the age of consent for homosexual acts from 18 to 16.[1] However, this provision was removed by the House of Lords; it would eventually be enacted two years later by the Sexual Offences (Amendment) Act 2000.
Purpose
The legislation was intended to reduce the time between an arrest and sentencing of a young person.[2]
Main provisions
Anti-Social Behaviour Orders
The act introduced a civil remedy called the anti-social behaviour order (or ASBO). These orders are made against people who have engaged in anti-social behaviour, which is defined as "conduct which caused or was likely to cause alarm, harassment, or distress to one or more persons not of the same household as him or herself and where an ASBO is seen as necessary to protect relevant persons from further anti-social acts by the Defendant".[3]
In England and Wales, the orders were made by the magistrates' courts; in Scotland, they are still made by the sheriff courts. The provisions of the 1998 Act have since been modified by the Anti-social Behaviour Act 2003; they were abolished in England and Wales in 2014.
Sex Offender Orders
In England and Wales, a Sex Offender Order was a similar concept to the Anti-Social Behaviour Order with the key difference being that it was specifically aimed at those people in society that are deemed "sex offenders". The act allowed a police officer to approach the magistrates' court and show that they have reasonable cause to believe that there is a need for an order to be made to protect the public from harm. The conditions placed in such an order were those that are needed to prevent harm to the public. The order could be made for a minimum of 5 years unless the court upheld a complaint for the order to be varied or discharged.
A breach of a Sex Offender Order rendered the person to which the order applies liable for imprisonment, on summary conviction, for up to six months, or on conviction on indictment, up to five years and/or a fine.
The act only applied to those people that are defined as a 'sex offender' per Section 3(1) of the act, namely that the person has been convicted of an offence that is subject to notification requirements (as specified in Part I of the Sex Offenders Act 1997); was found not guilty as a result of insanity; or has been cautioned for such an offence (except in Scotland) and at the time admitted it: or has been convicted of a similar offence in any country outside of the United Kingdom and the offence would have been deemed a sexual offence under UK law.
Sex offender orders were replaced with sexual offences prevention orders with the Sexual Offences Act 2003, and further replaced in England and Wales with sexual harm prevention orders with the Anti-social Behaviour, Crime and Policing Act 2014.
Parenting Orders
In England and Wales, a Parenting Order is an order made against the parent(s) of a child which has been given an Anti-Social Behaviour Order, has been convicted of an offence, or the parent has been convicted of an offence under section 443 or 444 of the Education Act 1996 (i.e. failure to prevent truancy). Its aim is that parents must adhere to the conditions to stop their child from behaving similarly; failure to do so will lead to their conviction. The order can be made for a period not exceeding 12 months. There are restrictions on orders being made that interfere with the parents' or child's religious beliefs or that interfere with the times which the parent normally attends work or an educational institution. If the parenting order is breached, the parent(s) could be liable to a fine, not exceeding level 3 on the standard scale.
Racially or religiously aggravated offences
In England and Wales, Sections 28 to 32 of the act create separate offences for crimes that were aggravated by the victim's race or religion or presumed race or religion. They did not originally apply to crimes that are aggravated by the offender's perception of the victim's membership of a religion but it was amended by section 39 of the Anti-terrorism, Crime and Security Act 2001.
When it comes into force, section 145 of the Crime and Policing Act 2026 amends these beyond racial and religious hostility to also cover hostility related to disability, sex, sexual orientation and transgender identity.[4][5]
Racially or religiously aggravated assaults
Serious violent offences
Section 29(1)(a) creates the distinct offence of racially or religiously aggravated wounding or infliction of bodily harm. A person is guilty of this offence if he commits an offence under section 20 of the Offences Against the Person Act 1861 (see grievous bodily harm) which is racially or religiously aggravated within the meaning of section 28.
Section 29(1)(b) creates the distinct offence of racially or religiously aggravated assault occasioning actual bodily harm. A person is guilty of this offence if they commit an offence under section 47 of the Offences against the Person Act 1861 (see assault occasioning actual bodily harm) which is racially or religiously aggravated within the meaning of section 28.
A person guilty of either of these offences is liable on conviction on indictment to imprisonment for a term not exceeding seven years, or to a fine, or to both, or on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both (s.29(2)).
Common assault
Section 29(1)(c) creates the distinct offence of racially or religiously aggravated common assault. A person is guilty of this offence if he commits a common assault which is racially or religiously aggravated within the meaning of section 28.
This offence is triable either way.
A person guilty of this offence is liable on conviction on indictment to imprisonment for a term not exceeding two years, or to a fine, or to both, or on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both (s.29(3)).
Racially or religiously aggravated criminal damage
Section 30(1) creates the distinct offence of racially or religiously aggravated criminal damage. A person is guilty of this offence if he commits an offence under section 1(1) of the Criminal Damage Act 1971 (see also criminal damage) which is racially or religiously aggravated within the meaning of section 28.
A person guilty of this offence is liable on conviction on indictment to imprisonment for a term not exceeding fourteen years, or to a fine, or to both, or on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both (s.30(2)).
Racially or religiously aggravated public order offences
Fear or provocation of violence and intentional harassment, alarm or distress
Section 31(1)(a) creates the distinct offence of racially or religiously aggravated fear or provocation of violence. A person is guilty of this offence if he commits an offence under section 4 of the Public Order Act 1986 (see fear or provocation of violence) which is racially or religiously aggravated within the meaning of section 28.
Section 31(1)(b) creates the distinct offence of racially or religiously aggravated intentional harassment, alarm or distress. A person is guilty of this offence if he commits an offence under section 4A of the Public Order Act 1986 (see intentional harassment, alarm or distress) which is racially or religiously aggravated within the meaning of section 28.
A person guilty of either of these offences is liable on conviction on indictment to imprisonment for a term not exceeding two years, or to a fine, or to both, or on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both (s.31(4)).
Harassment, alarm or distress
Section 31(1)(c) creates the distinct offence of racially or religiously aggravated harassment, alarm or distress. A person is guilty of this offence if he commits an offence under section 5 of the Public Order Act 1986 (see harassment, alarm or distress) which is racially or religiously aggravated within the meaning of section 28.
A person guilty of this offence is liable on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding level 4 on the standard scale (s.29(3)).
Arrest
Sections 31(2) and (3) formerly provided a statutory power of arrest for offences under section 31(1). They were repealed by section 174 of, and Part 2 of Schedule 17 to, the Serious Organised Crime and Police Act 2005.
Racially or religiously aggravated harassment etc.
Harassment
A person is guilty of an offence under section 32(1)(a) if he commits an offence under section 2 of the Protection from Harassment Act 1997 which is racially or religiously aggravated within the meaning of section 28.
A person guilty of this offence is liable on conviction on indictment to imprisonment for a term not exceeding two years, or to a fine, or to both, or on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both (s.32(3)).
Putting people in fear of violence
A person is guilty of an offence under section 32(1)(b) if he commits an offence under section 4 of the Protection from Harassment Act 1997 which is racially or religiously aggravated within the meaning of section 28.
A person guilty of this offence is liable on conviction on indictment to imprisonment for a term not exceeding seven years, or to a fine, or to both, or on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both (s.32(4)).
In Scotland, Section 33 amended the Criminal Law (Consolidation) (Scotland) Act 1995 by inserting a new section 50A. This creates the offence of racially aggravated harassment.
Local authority responsibilities
Each Local Authority[6] in England and Wales was given the responsibility to formulate and implement a strategy to reduce crime and disorder in their area.[7] The act also requires the local authority to work with every police authority, probation authority, Strategic health authority, social landlords, the voluntary sector, and local residents and businesses. Known as Crime and Disorder Reduction Partnerships (CDRPs) in England, and Community Safety Partnerships (CSPs) in Wales, the Home Office may require any Partnership to supply details of their community safety arrangements.[8]
Other provisions
Section 34 of the act abolished the rebuttable presumption that a child (defined as a person under fourteen but over the age of ten) is incapable of committing an offence (doli incapax).[9]
Section 36 of the act abolished the death penalty for all offences of treason and for the offence of piracy with violence (under the Piracy Act 1837), replacing it with a maximum sentence of life imprisonment (with effect from 30 September 1998[10]). These were the last offences carrying the death penalty, which had not been carried out for any offence since its abolition for murder in 1965. The United Kingdom is now prohibited by treaty (Protocol 6 and Protocol 13 to the European Convention on Human Rights) from reintroducing it for any offence.
The act established the Youth Justice Board.[11]
Repealed enactments
Section 120(2) of the act repealed 28 enactments, listed in schedule 10 to the act.[12]
| Citation | Short title | Extent of repeal |
|---|---|---|
| 30 Geo. 3. c. 48 | Treason Act 1790 | The whole act. |
| 36 Geo. 3. c. 7 | Treason Act 1795 | The whole act. |
| 36 Geo. 3. c. 31 | Treason by Women Act (Ireland) 1796 | The whole act. |
| 57 Geo. 3. c. 6 | Treason Act 1817 | The whole act. |
| 11 & 12 Vict. c. 12 | Treason Felony Act 1848 | Section 2. |
| 21 & 22 Geo. 5. c. 24 | Sentence of Death (Expectant Mothers) Act 1931 | The whole act. |
| 23 Geo. 5. c. 12 | Children and Young Persons Act 1933 | In section 47(2), the words from the beginning to "court; and". |
| In Schedule 2, in paragraph 15(a), the word "shall", in the second place where it occurs, and, in paragraph 17, the words "or, if a metropolitan stipendiary magistrate, may sit alone". | ||
| 1945 c. 15 (N.I.) | Criminal Justice Act (Northern Ireland) 1945 | Sections 32 and 33. |
| 1967 c. 80 | Criminal Justice Act 1967 | In section 56, subsections (3), (6) and (13). |
| Section 67(5)(c). | ||
| 1968 c. 19 | Criminal Appeal Act 1968 | In section 10(2), the words "(other than a supervision order within the meaning of that Part)". |
| 1969 c. 54 | Children and Young Persons Act 1969 | Section 12D. |
| Section 13(2). | ||
| In section 16, subsection (10) and, in subsection (11), the words "seventeen or". | ||
| Section 23(14)(a). | ||
| In section 34, in subsection (1), paragraph (a) and, in paragraph (c), the words "or are". | ||
| Section 69(5). | ||
| In Schedule 6, the entries relating to sections 55, 56(1) and 59(1) of the Children and Young Persons Act 1933. | ||
| 1972 c. 71 | Criminal Justice Act 1972 | Section 49. |
| 1973 c. 62 | Powers of Criminal Courts Act 1973 | In section 1, in subsections (8)(b) and (8A) the words "37 or". |
| Section 1B(10). | ||
| In section 1C(1), paragraph (b) and the word "and" immediately preceding it. | ||
| In section 2(1), the words "by a probation officer" and the words from "For the purposes" to "available evidence". | ||
| Section 11. | ||
| Section 14(8). | ||
| In section 31, in subsection (3A), the words "Subject to subsections (3B) and (3C) below,", subsections (3B) and (3C), in subsection (4), the words "4 or" and, in subsection (6), the words "about committal by a magistrates' court to the Crown Court". | ||
| Section 32(5). | ||
| Section 42(2). | ||
| In Schedule 1A, paragraph 6(7). | ||
| In Schedule 5, paragraph 35. | ||
| 1976 c. 63 | Bail Act 1976 | In section 3(5), the words "If it appears that he is unlikely to remain in Great Britain until the time appointed for him to surrender to custody". |
| 1980 c. 43 | Magistrates' Courts Act 1980 | Section 37. |
| In sections 38(2) and 38A(2), the words ", in accordance with section 56 of the Criminal Justice Act 1967,". | ||
| In section 108(2), the words "a probation order or". | ||
| In section 125(4)(c), the word "and" at the end of sub-paragraph (ii). | ||
| In section 126, the word "and" at the end of paragraph (c). | ||
| In Schedule 7, paragraph 120(b). | ||
| 1982 c. 48 | Criminal Justice Act 1982 | Section 1A(4A). |
| Section 1B. | ||
| In section 1C(2), the words "but if he is under 18 at the time of the direction, only for a temporary purpose". | ||
| In section 3(1)(a), the words "under section 1A above". | ||
| Section 18(7). | ||
| In section 19, in subsection (3)(a), the words "revoke it and" and, in subsection (5), the words "revoke the attendance centre order and". | ||
| Section 66(3). | ||
| In Schedule 14, paragraph 28. | ||
| 1987 c. 42 | Family Law Reform Act 1987 | Section 8(1). |
| In Schedule 2, paragraph 26. | ||
| 1988 c. 33 | Criminal Justice Act 1988 | Section 69(2). |
| In Schedule 15, paragraph 40. | ||
| 1989 c. 45 | Prisons (Scotland) Act 1989 | In section 39(7), the words from "and the foregoing" to the end. |
| 1991 c. 53 | Criminal Justice Act 1991 | In section 6(4), the word "and" immediately following paragraph (e). |
| In section 31(1), in the definition of "custodial sentence", in paragraph (b), the words "or a secure training order under section 1 of the Criminal Justice and Public Order Act 1994". | ||
| Section 33(4). | ||
| In section 37, in subsection (1), the words "any suspension under section 38(2) below or, as the case may be," and, in subsection (4), the words "(which shall include on his release conditions as to his supervision by a probation officer)". | ||
| Section 38. | ||
| In section 45(4), the words "any suspension under section 38(2) below; or". | ||
| In section 61(1), paragraph (b) and the word "or" immediately preceding that paragraph. | ||
| Section 62. | ||
| In Schedule 2, in paragraphs 3(1)(d) and 4(1)(d), the words "revoke the order and" and, in paragraph 17(1), the words from "and the court" to the end. | ||
| In Schedule 11, paragraphs 10, 11 and 14. | ||
| In Schedule 12, paragraph 17(3). | ||
| 1993 c. 9 | Prisoners and Criminal Proceedings (Scotland) Act 1993 | Section 11(3)(b) and (4). |
| Section 14(2) and (3). | ||
| Section 16(7)(b). | ||
| In paragraph 6B(1) of Schedule 6, the word "and" after head (a). | ||
| 1993 c. 47 | Probation Service Act 1993 | Section 17(5A). |
| 1994 c. 33 | Criminal Justice and Public Order Act 1994 | Sections 1 to 4. |
| Section 20. | ||
| In section 35, in subsection (1), the words "who has attained the age of fourteen years" and subsection (6). | ||
| Section 130(4). | ||
| In Schedule 10, paragraph 42. | ||
| 1994 c. 37 | Drug Trafficking Act 1994 | Section 2(7)(a). |
| 1995 c. 46 | Criminal Procedure (Scotland) Act 1995 | Section 118(4A)(c)(iii). |
| In section 175(5C), the words "paragraph (a) of". | ||
| In section 209(1), the words "not less than twelve months but". | ||
| 1997 c. 43 | Crime (Sentences) Act 1997 | Section 1. |
| Section 8. | ||
| Sections 10 to 27. | ||
| In section 31(2), the words "(which shall include on his release conditions as to his supervision by a probation officer)". | ||
| In section 35, in subsection (5), paragraph (c) and the word "and" at the end of paragraph (d), and in subsection (8), in paragraph (a), the words "to revoke the order and deal with an offender for the offence in respect of which the order was made" and the word "and" at the end of that paragraph. | ||
| Section 43(4). | ||
| Section 54(2). | ||
| In Schedule 1, in paragraph 9(1), paragraph (a) and, in paragraph (b), the words "to that and", paragraph 9(5), paragraph 10(4), in paragraph 11(6), the words "or Part III of the 1997 Act", in paragraph 12(5), in the Table, the entry relating to the expression "prison rules" and, in paragraph 13(5), in the Table, the entry relating to the expression "prison rules". | ||
| In Schedule 2, paragraphs 4 and 8. | ||
| In Schedule 4, paragraph 6(1)(b), paragraphs 9 and 11 and paragraph 12(4). | ||
| In Schedule 5, paragraphs 1 to 4, paragraph 5(2), paragraph 6, paragraph 8, paragraph 9(1), paragraph 10(1), in paragraph 11, sub-paragraph (1), in sub-paragraph (2)(c), the words "or Part III of the 1997 Act" and, in sub-paragraph (3), the words from the beginning to "1995; and", and in paragraph 12, sub-paragraph (1) and, in sub-paragraph (2)(c), the words "or Part III of the 1997 Act". | ||
| 1997 c. 48 | Crime and Punishment (Scotland) Act 1997 | Section 4. |
| Chapter I of Part III. | ||
| In Schedule 1, paragraph 1, paragraph 9(7), paragraph 10(2)(a), paragraph 13(3), in paragraph 14, sub-paragraphs (2)(a), (3)(e), (4) to (7), (9), (10)(a), (11)(b), (12), (13) to (15) and (17), and paragraph 21(3). | ||
| Schedule 2. | ||
| In Schedule 3, in the entry relating to the Prisons (Scotland) Act 1989, the words "In section 39, subsection (7)", in the entry relating to the Prisoners and Criminal Proceedings (Scotland) Act 1993, the words relating to sections 1, 3(2), 5, 6(1), 7, 9, 12(3), 16, 17(1), 20, 24, 27(2), (3), (5) and (6) and Schedule 1, in the words relating to section 14, the words "and, in subsection (4), the words "short-term"", in the words relating to section 27(1), the words "the definitions of "short term prisoner" and "long-term prisoner" and" and "and the words from "but" to the end" and, in the entry relating to the Criminal Procedure (Scotland) Act 1995, the words relating to section 44. | ||
| 1997 c. 50 | Police Act 1997 | In section 94(4), the word "and" immediately preceding paragraph (c). |
Case law
On 28 February 2007, the House of Lords ruled[13] that use of the expletive "bloody foreigner" amounted to racial abuse under the act, and held that the legal definition of "racial group" went beyond colour, race or ethnic origin to include nationality, citizenship and national origin – even if they were not specified in the words used by the offender. Baroness Hale stated that such conduct was not only deeply hurtful, damaging and disrespectful to the victim, but also to the community as a whole "by denying acceptance to members of certain groups not for their own sake but for the sake of something they can do nothing about".[14]