সারসংক্ষেপ
The Crime and Disorder Act 1998 was a landmark piece of legislation introduced by the Blair government that reshaped the landscape of criminal justice and community safety in England and Wales. Its most notable provisions introduced anti-social behaviour orders (ASBOs) — civil orders preventing individuals from engaging in specified anti-social acts, backed by criminal sanctions for breach — and created a new tier of racially aggravated offences carrying higher maximum sentences where a crime is shown to have been racially motivated. The Act established the Youth Justice Board and local youth offending teams, creating a dedicated infrastructure for dealing with young offenders with an emphasis on prevention and rehabilitation. It abolished the common law presumption of doli incapax (that children aged 10–13 were presumed incapable of crime), making the minimum age of criminal responsibility in England and Wales unequivocally 10. The Act also introduced Crime and Disorder Reduction Partnerships (CDRPs), requiring local authorities and police to work together on community safety strategies. The ASBO provisions were substantially replaced by the Anti-social Behaviour, Crime and Policing Act 2014.
মূল পয়েন্ট
- Anti-social behaviour orders (ASBOs) — civil orders prohibiting named individuals from specified anti-social acts; breach is a criminal offence (s.1); replaced by injunctions and Criminal Behaviour Orders under ABCPA 2014
- Racially aggravated offences (ss.28–32) — enhanced maximum sentences where assault, harassment, criminal damage, or public order offences are motivated by racial hostility; extended to religious hostility by Anti-terrorism, Crime and Security Act 2001
- Sex offender orders (s.2) — civil orders prohibiting registered sex offenders from specified conduct; replaced by Sexual Harm Prevention Orders under SOCA 2003 and ABCPA 2014
- Crime and Disorder Reduction Partnerships — duty on local authorities, police, probation, and health authorities to formulate and implement strategies for reducing crime and disorder (ss.5-6); now 'Community Safety Partnerships'
- Youth Justice Board — established as a non-departmental public body to monitor and advise on the youth justice system and commission and purchase youth justice services (s.41, Sch.2)
- Youth offending teams — local multi-agency teams (police, social services, probation, health, education) responsible for supervising young offenders (s.39)
- Abolition of doli incapax — abolished the common law presumption that a child aged 10–13 was incapable of crime, making the minimum age of criminal responsibility in England and Wales unequivocally 10 (s.34)
- Parenting orders — court may make parenting orders on conviction or grant of an ASBO requiring parents to attend counselling and comply with requirements for up to 12 months (s.8)
অংশ ও ধারা
সংশোধনীর ইতিহাস
2001 — Anti-terrorism, Crime and Security Act 2001
Extended the racially aggravated offences in ss.28-32 to also cover religious aggravation, creating racially or religiously aggravated versions of the relevant offences.
2014 — Anti-social Behaviour, Crime and Policing Act 2014
Abolished ASBOs (s.1) and replaced them with injunctions (applicable to those aged 10 and over) and Criminal Behaviour Orders (CBOs), and replaced sex offender orders with Sexual Harm Prevention Orders.