Crime and Disorder Act 1998
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| Long title | An Act to make provision for preventing crime and disorder; to create certain racially-aggravated offences; to abolish the rebuttable presumption that a child is doli incapax and to make provision as to the effect of a child’s failure to give evidence at his trial; to abolish the death penalty for treason and piracy; to make changes to the criminal justice system; to make further provision for dealing with offenders; to make further provision with respect to remands and committals for trial and the release and recall of prisoners; to amend Chapter I of Part II of the Crime (Sentences) Act 1997 and to repeal Chapter I of Part III of the Crime and Punishment (Scotland) Act 1997; to make amendments designed to facilitate, or otherwise desirable in connection with, the consolidation of certain enactments; and for connected purposes. |
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| Citation | 1998 c. 37 |
| Territorial extent | England and Wales, Scotland |
| Dates | |
| Royal assent | 31 July 1998 |
| Commencement | 1/8/1998 and later |
| Other legislation | |
| Relates to | Civic Government (Scotland) Act 1982; Crime (Sentences) Act 1997; Crime and Punishment (Scotland) Act 1997; Anti-social Behaviour Act 2003 |
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Status: Current legislation
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| Text of statute as originally enacted | |
| Text of the Crime and Disorder Act 1998 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk | |
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 regards 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 treason and piracy.
The bill had also included changes to change the age of consent for homosexual acts from 18 to 16, however this was removed by the House of Lords and was eventually passed in the Sexual Offences Act two years later.
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 in the United Kingdom 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'.
In England and Wales, the orders are made by the Magistrates' Courts and in Scotland by the Sheriff Courts. The provisions of the 1998 Act have since been modified by the Anti-social Behaviour Act 2003.
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