The primary objective of the Crime and Disorder Act 1998 was to give more responsibility to local authorities with regards to implementing strategies to help with the reduction of crime and public disorder within the local community.

Although the Act also abolished the death penalty for piracy and treason and abolished the presumption that a child under 10 years old could be incapable of committing a criminal offence, the key areas are concerned primarily with Anti-Social Behaviour orders, commonly referred to as ‘ASBOs’, sex offender orders, parenting orders and racially aggravated offences.

Anti-Social Behaviour Orders

These orders are issued against people who have carried out anti-social behaviour which has caused (or is likely to cause), distress, Harassment or alarm to a person(s) who does not reside in the same household as the alleged offender him or herself. In other words, the ASBO is deemed necessary to protect people from potential further anti-social acts being carried out by the alleged offender.

Sex Offender Orders

These orders run along similar lines to ASBOs in terms of their conception in that they are designed to prevent sex offenders from causing any further harm to the public as the result of previous offences which has resulted in them being placed on the sex offenders register.

For a sex offender order to be issued, the offender must have been convicted of a sex offence under part 1 of the Sex Offenders Act 1997, or has been cautioned and where they were not found guilty as a result of insanity. They can also be issued where the offence was committed outside of the UK but would still be considered a sex offence under UK law.

The order can be for a minimum of 5 years, unless a court decides to uphold a complaint that its term should be changed or completely discharged. If the order is breached, then the offender can be sent to prison for up to 6 months on summary conviction and for up to 5 years for a conviction on indictment and/or they can also be fined.

Parenting Orders

These apply to cases where the parent(s) of a child who has been issued with an ASBO fails to keep to their part of the conditions of the ASBO, which places requirements on the parent(s) of ensuring that the child does not commit another similar act that has led to the ASBO being issued in the first place, or has been engaged in any other kind of criminal activity.

They can also be issued where the parent(s) has not attended the agreed counselling/guidance sessions aimed at improving the welfare of the child, in order that the child does not go on to offend again. A parenting order can be issued for up to 12 months and, if breached, the parent(s) can be liable for a fine.

There are, however, restrictions on orders which might interfere with the parents’ or child’s religious beliefs or where the times interfere with the time when the parent(s) would normally be at work or attending any kind of educational institution.

Racially Aggravated Offences

This part of the Act covers issues where additional separate offences were introduced for crimes which were aggravated by the race, or presumed race, of the victim. It includes crimes of assault, public order offences, criminal damage and harassment, where additional fines or extended prison terms can be imposed if the crimes can be proven to have been racially aggravated.

In introducing the Act to give more power to local authorities in their effort to tackle crime, it also places upon them a responsibility of ensuring that they work in conjunction with their local police force, probation authority and health authority in formulating a strategy to reduce disorder and crime within their own local area.