Part I Prevention of crime and disorder
Chapter I England and Wales
Crime and disorder: general
F122C11 Anti-social behaviour orders.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1221AF5 Power of Secretary of State to add to relevant authorities
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1221AAF6Individual support orders
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1221ABIndividual support orders: explanation, breach, amendment etc
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1221BF7 Orders in county court proceedings
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1221CF8 Orders on conviction in criminal proceedings
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1221CAF9Variation and discharge of orders under section 1C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1221DF10 Interim orders
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1221EF11 Consultation requirements
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1221FF12Contracting out of local authority functions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1221GF13Intervention orders
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1221HIntervention orders: explanation, breach, amendment etc.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1221IF14Special measures for witnesses
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1221JF15Review of orders under sections 1, 1B and 1C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1221KResponsibility for, and participation in, reviews under section 1J
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 Sex offender orders.
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2AF16 Interim orders: sex offenders
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2BF17 Sex offender orders made in Scotland or Northern Ireland
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 Sex offender orders: supplemental.
F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1274 Appeals against orders.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Crime and disorder strategies
I1C2C3C45 Authorities responsible for strategies.
1
Subject to the provisions of this section, the functions conferred by F18or under section 6 below shall be exercisable in relation to each local government area by the responsible authorities, that is to say—
a
the council for the area and, where the area is a district and the council is not a unitary authority, the council for the county which includes the district; F19and
F20aa
every provider of probation services operating within the area in pursuance of arrangements under section 3 of the Offender Management Act 2007 which provide for it to be a responsible authority under this section;
b
every chief officer of police any part of whose police area lies within the area.
d
every F22fire and rescue authority any part of whose area so lies;
e
if the local government area is in England, every F151integrated care board the whole or any part of whose area so lies; and
f
if the local government area is in Wales, every F23Local Health Board the whole or any part of whose area so lies.
F241A
The relevant local policing body in relation to two or more local government areas in England may make a combination agreement with the responsible authorities in relation to those areas (the “combined area”).
1B
A combination agreement is an agreement for the functions conferred by or under section 6 or by section 7 to be carried out in relation to the combined area as if it constituted only one local government area.
1BA
The responsible authorities in relation to a combined area are all the persons who are the responsible authorities in relation to each local government area that falls within the combined area.
1BB
Section 5A contains further provision about the making and contents of combination agreements.
F251C
F26A combination agreement—
a
may require the councils for the local government areas in question to appoint a joint committee of those councils (the “joint crime and disorder committee”) and to arrange for crime and disorder scrutiny functions in relation to any (or all) of those councils to be exercisable by that committee;
b
may make provision applying any of the relevant provisions, with or without modifications, in relation to a joint crime and disorder committee.
1D
In subsection (1C)—
“crime and disorder scrutiny functions”, in relation to a council, means functions that are, or, but for F27a combination agreement, would be, exercisable by the crime and disorder committee of the council under section 19 of the Police and Justice Act 2006 (local authority scrutiny of crime and disorder matters);
“the relevant provisions” means—
- a
section 19 of the Police and Justice Act 2006;
- b
section 20 of that Act and any regulations made under that section;
- c
Schedule 8 to that Act;
- d
section F1009F, 9FA or 21 of the Local Government Act 2000.
- a
F281E
The “relevant local policing body”, in relation to a combined area, is—
a
if the area falls (wholly or partly) within the police area of a police and crime commissioner, the commissioner,
b
if the area falls (wholly or partly) within the metropolitan police district, the Mayor's Office for Policing and Crime, and
c
if the area falls partly within the City of London, the Secretary of State.
1F
If there is more than one relevant local policing body in relation to a combined area by virtue of subsection (1E), the references in subsection (1A) above and section 5A(2) to the relevant local policing body in relation to the combined area are references to each of the relevant local policing bodies for that area acting jointly.
2
In exercising F29the functions conferred by or under section 6, the responsible authorities shall act in co-operation with the following persons and bodies, namely—
F30b
every local probation board any part of whose area lies within the area;
F31ba
every provider of probation services operating within the area in pursuance of arrangements under section 3 of the Offender Management Act 2007 which provide for it to co-operate under this subsection with the responsible authorities;
c
every person or body of a description which is for the time being prescribed by order of the Secretary of State under this subsection F32; and
d
where they are acting in relation to an area in Wales, every person or body which is of a description which is for the time being prescribed by an order under this subsection of the National Assembly for Wales;
and it shall be the duty of those persons and bodies to co-operate in the exercise by the responsible authorities of F29the functions conferred by or under section 6.
3
The responsible authorities shall also invite the participation in their exercise of those functions of at least one person or body of each description which is for the time being prescribed by order of the Secretary of State under this subsection F33and, in the case of the responsible authorities for an area in Wales, of any person or body of a description for the time being prescribed by an order under this subsection of the National Assembly for Wales.
4
In this section and sections 6 and 7 below “local government area” means—
a
in relation to England, each district or London borough, the City of London, the Isle of Wight and the Isles of Scilly;
b
in relation to Wales, each county or county borough.
C15F345
In this section—
F35“fire and rescue authority” means—
- a
a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;
- aa
F130a fire and rescue authority created by an order under section 4A of that Act;
- b
a metropolitan county fire and civil defence authority; or
- c
- a
F36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F376
The appropriate national authority may by order amend this section by—
a
adding an entry for any person or body to the list of authorities in subsection (1),
b
altering or repealing an entry for the time being included in the list, or
c
adding, altering or repealing provisions for the interpretation of entries in the list.
7
In this section the “appropriate national authority”, in relation to a person or body, means—
a
the National Assembly for Wales, if all the functions of the person or body are devolved Welsh functions;
b
the Secretary of State and the Assembly acting jointly, if the functions of the person or body include devolved Welsh functions and other functions; and
c
the Secretary of State, if none of the functions of the person or body are devolved Welsh functions.
8
In subsection (7), “devolved Welsh functions” means functions which are dischargeable only in relation to Wales and relate to matters in relation to which the Assembly has functions.
5AF48Combination agreements: further provision
1
A combination agreement for a combined area may be made only if every responsible authority in relation to that area is a party to the agreement.
2
The relevant local policing body for a combined area may enter into a combination agreement for that area only if it considers that it would be in the interests of one or more of the following to do so—
a
reducing crime and disorder;
b
reducing re-offending;
c
combating the misuse of drugs, alcohol and other substances.
F153d
preventing people from becoming involved in serious violence;
e
reducing instances of serious violence.
3
Subsections (4) to (6) apply if a combined area in relation to a combination agreement includes (wholly or party) the area of more than one police area.
4
The combination agreement must include arrangements for securing effective and efficient co-operation—
a
between each of the relevant local policing bodies in relation to the combined area, and
b
between the responsible authorities for the area and those relevant local policing bodies.
5
The Secretary of State must be a party to the agreement (if not already a party by virtue of being a relevant local policing body in relation to the combined area).
6
The Secretary of State may enter into the agreement only if the Secretary of State—
a
considers that it would be in the interests of one or more of the matters mentioned in subsection (2), and
b
is satisfied that the arrangements mentioned in subsection (4) are adequate for the purposes of securing effective and efficient co-operation in the carrying out of functions under section 6.
7
A combination agreement—
a
must be in writing, and
b
may be varied by a further combination agreement.
8
A combination agreement may be terminated by agreement in writing between the parties to it; and subsection (2), and (as the case may be) (6)(a), applies to an agreement under this subsection.
9
In this section “combination agreement”, “combined area” and “relevant local policing body” have the same meanings as in section 5.
F15410
References in this section to serious violence and to becoming involved in serious violence are to be construed in accordance with section 18.
C166F38 Formulation and implementation of strategies.
1
The responsible authorities for a local government area shall, in accordance with section 5 F103, with subsection (1A), and with regulations made under subsection (2), formulate and implement—
a
a strategy for the reduction of crime and disorder in the area (including anti-social and other behaviour adversely affecting the local environment); and
b
a strategy for combatting the misuse of drugs, alcohol and other substances in the area F39; and
c
a strategy for the reduction of re-offending in the area.
F155; and
d
a strategy for—
i
preventing people from becoming involved in serious violence in the area, and
ii
reducing instances of serious violence in the area.
F1041A
In exercising functions under subsection (1), apart from devolved Welsh functions (as defined by section 5(8)), each of the responsible authorities for a local government area must have regard to the police and crime objectives set out in the police and crime plan for the police area which comprises or includes that local government area.
2
The appropriate national authority may by regulations make further provision as to the formulation and implementation of a strategy under this section.
3
Regulations under subsection (2) may in particular make provision for or in connection with—
a
the time by which a strategy must be prepared and the period to which it is to relate;
b
the procedure to be followed by the responsible authorities in preparing and implementing a strategy (including requirements as to the holding of public meetings and other consultation);
c
the conferring of functions on any one or more of the responsible authorities in relation to the formulation and implementation of a strategy;
F105ca
the conferring of functions on a police and crime commissioner for a police area in England in relation to the formulation and implementation of a strategy for any local government area that lies in that police area;
d
matters to which regard must be had in formulating and implementing a strategy;
e
objectives to be addressed in a strategy and performance targets in respect of those objectives;
f
the sharing of information between responsible authorities;
g
the publication and dissemination of a strategy;
h
the preparation of reports on the implementation of a strategy.
4
The provision which may be made under subsection (2) includes provision for or in connection with the conferring of functions on a committee of, or a particular member or officer of, any of the responsible authorities.
F1064A
Provision under subsection (3)(ca) may include provision—
a
for a police and crime commissioner to arrange for meetings to be held for the purpose of assisting in the formulation and implementation of any strategy (or strategies) that the commissioner may specify that relate to any part of the police area of the commissioner,
b
for the commissioner to chair the meetings, and
c
for such descriptions and numbers of persons to attend the meetings as the commissioner may specify (including, in particular, representatives of the responsible authorities in relation to the strategies to be discussed at the meetings).
5
The matters referred to in subsection (3)(d) may in particular include guidance given by the appropriate national authority in connection with the formulation or implementation of a strategy.
6
Provision under subsection (3)(e) may require a strategy to be formulated so as to address (in particular)—
a
the reduction of crime or disorder of a particular description; F156...
b
the combatting of a particular description of misuse of drugs, alcohol or other substances.
F157c
the prevention of people becoming involved in serious violence of a particular description; or
d
the reduction of instances of serious violence of a particular description.
7
Regulations under this section may make—
a
different provision for different local government areas;
b
supplementary or incidental provision.
8
For the purposes of this section any reference to the implementation of a strategy includes—
a
keeping it under review for the purposes of monitoring its effectiveness; and
b
making any changes to it that appear necessary or expedient.
9
In this section the “appropriate national authority” is—
a
the Secretary of State, in relation to strategies for areas in England F158and strategies for preventing people from becoming involved in and reducing instances of serious violence in areas in Wales;
b
the National Assembly for Wales, in relation to strategies for combatting the misuse of drugs, alcohol or other substances in areas in Wales;
c
the Secretary of State and the Assembly acting jointly, in relation to strategies for combatting crime and disorder F40or re-offending in areas in Wales.
F15910
The Secretary of State must consult the Welsh Ministers before making regulations under this section if and to extent that the regulations—
a
relate to a strategy within subsection (1)(d), and
b
make provision that applies in relation to a devolved Welsh authority within the meaning of the Government of Wales Act 2006 (see section 157A of that Act).
11
References in this section to serious violence and to becoming involved in serious violence are to be construed in accordance with section 18.
6AF49 Powers of the Secretary of State and National Assembly for Wales
1
The Secretary of State may, by order, require—
a
the responsible authorities for local government areas to formulate any section 6 strategy of theirs for the reduction of crime and disorder so as to include, in particular, provision for the reduction of—
i
crime of a description specified in the order; or
ii
disorder of a description so specified.
b
the responsible authorities for local government areas in England to prepare any section 6 strategy of theirs for combatting the misuse of drugs so as to include in it a strategy for combatting, in the area in question, such other forms of substance misuse as may be specified or described in the order.
2
After formulating any section 6 strategy (whether in a case in which there has been an order under subsection or in any other case), the responsible authorities for a local government area shall send both—
a
a copy of the strategy, and
b
a copy of the document which they propose to publish under section 6(5),
to the Secretary of State.
3
It shall be the duty of the responsible authorities, when preparing any document to be published under section 6(5), to have regard to any guidance issued by the Secretary of State as to the form and content of the documents to be so published.
4
If the responsible authorities for a local government area propose to make any changes to a section 6 strategy of theirs, they shall send copies of the proposed changes to the Secretary of State.
5
In subsections (2) to (4)—
a
references to the Secretary of State, in relation to responsible authorities for local government areas in Wales shall have effect as references to the Secretary of State and the National Assembly for Wales; and
b
accordingly, guidance issued for the purposes of subsection (3) in relation to local government areas in Wales must be issued by the Secretary of State and that Assembly acting jointly.
6
In this section—
“responsible authorities” and “local government area” have same meanings as in sections 5 and 6;
“section 6 strategy” means a strategy required to be formulated under section 6(1); and
“substance misuse” has the same meaning as in section 6.
I27 Supplemental.
1
The responsible authorities for a local government area shall, whenever so required by the F41relevant local policing body for that area, submit to F42that body a report on such matters connected with the exercise of their functions under section 6 above F43, apart from devolved Welsh functions (as defined by section 5(8)), as may be specified in the requirement.
F441A
The relevant local policing body in relation to a local government area may require a report under subsection (1) only if—
a
the body is not satisfied that the responsible authorities for the area are carrying out their functions under section 6 in an effective and efficient manner, and
b
the body considers it reasonable and proportionate in all the circumstances to require a report.
2
A requirement under subsection (1) above may specify the form in which a report is to be given.
3
F474
Relevant local policing body”, in relation to a local government area, means—
a
if the area (or any part of it) falls within the police area of a police and crime commissioner, the commissioner,
b
if the area (or any part of it) falls within the metropolitan police district, the Mayor's Office for Policing and Crime, and
c
if the area (or any part of it) is the City of London, the Secretary of State.
5
If there is more than one relevant local policing body in relation to a combined area that is to be treated as one local government area under a combination agreement (see section 5(1A))—
a
a report submitted under subsection (1) is to be submitted to each of the relevant local policing bodies for the combined area, and
b
references in this section to any requirement or arrangement made by the relevant local policing body are references to a requirement or arrangement made by each of the relevant local policing bodies for the combined area acting jointly.
Youth crime and disorder
C5I3C188 Parenting orders.
1
This section applies where, in any court proceedings—
a
a child safety order is made in respect of a child F50or the court determines on an application under section 12(6) below that a child has failed to comply with any requirement included in such an order;
b
F136c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F136d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
C63
A court shall not make a parenting order unless it has been notified by the Secretary of State that arrangements for implementing such orders are available in the area in which it appears to the court that the parent resides or will reside and the notice has not been withdrawn.
F534
A parenting order is an order which requires the parent—
a
to comply, for a period not exceeding twelve months, with such requirements as are specified in the order, and
b
subject to subsection (5) below, to attend, for a concurrent period not exceeding three months, such counselling or guidance programme as may be specified in directions given by the responsible officer.
5
A parenting order may, but need not, include such a requirement as is mentioned in subsection (4)(b) above in any case where a parenting order under this section or any other enactment has been made in respect of the parent on a previous occasion.
6
The relevant condition is that the parenting order would be desirable in the interests of preventing—
a
F138b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F138c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
The requirements that may be specified under subsection (4)(a) above are those which the court considers desirable in the interests of preventing any such repetitionF139....
F557A
A counselling or guidance programme which a parent is required to attend by virtue of subsection (4)(b) above may be or include a residential course but only if the court is satisfied—
a
that the attendance of the parent at a residential course is likely to be more effective than his attendance at a non-residential course in preventing any such repetition or, as the case may be, the commission of any such further offence, and
b
that any interference with family life which is likely to result from the attendance of the parent at a residential course is proportionate in all the circumstances.
C68
In this section and section 9 below “responsible officer”, in relation to a parenting order, means one of the following who is specified in the order, namely—
b
a social worker of a local authority F58. . . ; and
F59bb
c
a member of a youth offending team.
F1359
In this section—
“criminal behaviour order” has the meaning given by section 330 of the Sentencing Code;
“sexual harm prevention order” means an order under section 103A of the Sexual Offences Act 2003 or Chapter 2 of Part 11 of the Sentencing Code.
I4C199 Parenting orders: supplemental.
F1401
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1401A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F611B
If F119 an injunction under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014 is granted or F141a criminal behaviour order is made in respect of a person under the age of 16 the court which F120 grants the injunction or makes the order—
a
must make a parenting order if it is satisfied that the relevant condition is fulfilled;
b
if it is not so satisfied, must state in open court that it is not and why it is not.
2
Before making a parenting order—
a
in a case falling within paragraph (a) of subsection (1) of section 8 above;
b
in a case falling within paragraph (b)F145... of that subsection, where the person concerned is under the age of 16; or
F146c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a court shall obtain and consider information about the person’s family circumstances and the likely effect of the order on those circumstances.
F1422A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1422B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C7C8C93
Before making a parenting order, a court shall explain to the parent 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 (7) below) if he fails to comply with any of those requirements; and
c
that the court has power (under subsection (5) below) to review the order on the application either of the parent or of the responsible officer.
C94
Requirements specified in, and directions given under, a parenting order shall, as far as practicable, be such as to avoid—
a
any conflict with the parent’s religious beliefs; and
b
any interference with the times, if any, at which he normally works or attends an educational establishment.
C95
If while a parenting order is in force it appears to the court which made it, on the application of the responsible officer or the parent, that it is appropriate to make an order under this subsection, the court may make an order discharging the parenting order or varying it—
a
by cancelling any provision included in it; or
b
by inserting in it (either in addition to or in substitution for any of its provisions) any provision that could have been included in the order if the court had then had power to make it and were exercising the power.
F1475A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C96
Where an application under subsection (5) above for the discharge of a parenting order is dismissed, no further application for its discharge shall be made under that subsection by any person except with the consent of the court which made the order.
C97
If while a parenting order is in force the parent without reasonable excuse fails to comply with any requirement included in the order, or specified in directions given by the responsible officer, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
F1447ZA
In this section “criminal behaviour order” has the meaning given by section 330 of the Sentencing Code.
F1437A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I5C2010 Appeals against parenting orders.
1
An appeal shall lie—
a
to F109the county court against the making of a parenting order by virtue of paragraph (a) of subsection (1) of section 8 above; and
b
to the Crown Court against the making of a parenting order by virtue of paragraph (b) of that subsection.
C10C11C122
On an appeal under subsection (1) above F109the county court or the Crown Court—
a
may make such orders as may be necessary to give effect to its determination of the appeal; and
b
may also make such incidental or consequential orders as appear to it to be just.
C123
Any order of F109the county court or the Crown Court made on an appeal under subsection (1) above (other than one directing that an application be re-heard by a magistrates’ court) shall, for the purposes of subsections (5) to (7) of section 9 above, be treated as if it were an order of the court from which the appeal was brought and not an order of F109the county court or the Crown Court.
F1484
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1485
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
The Lord Chancellor may F62, with the concurrence of the Lord Chief Justice, by order make provision as to the circumstances in which appeals under subsection (1)(a) above may be made against decisions taken by courts on questions arising in connection with the transfer, or proposed transfer, of proceedings by virtue of any order under paragraph 2 of Schedule 11 (jurisdiction) to the M2Children Act 1989 (“the 1989 Act”).
7
Except to the extent provided for in any order made under subsection (6) above, no appeal may be made against any decision of a kind mentioned in that subsection.
F638
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
I611 Child safety orders.
1
Subject to subsection (2) below, if F111 the family court , on the application of a local authority, is satisfied that one or more of the conditions specified in subsection (3) below are fulfilled with respect to a child under the age of 10, it may make an order (a “child safety order”) which—
a
places the child, for a period (not exceeding the permitted maximum) specified in the order, under the supervision of the responsible officer; and
b
requires the child to comply with such requirements as are so specified.
2
A court shall not make a child safety order unless it has been notified by the Secretary of State that arrangements for implementing such orders are available in the area in which it appears that the child resides or will reside and the notice has not been withdrawn.
3
The conditions are—
a
that the child has committed an act which, if he had been aged 10 or over, would have constituted an offence;
b
that a child safety order is necessary for the purpose of preventing the commission by the child of such an act as is mentioned in paragraph (a) above;
c
F64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
that the child has acted in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as himself.
4
The maximum period permitted for the purposes of subsection (1)(a) above is F65twelve months.
5
The requirements that may be specified under subsection (1)(b) above are those which the court considers desirable in the interests of—
a
securing that the child receives appropriate care, protection and support and is subject to proper control; or
b
preventing any repetition of the kind of behaviour which led to the child safety order being made.
6
Proceedings under this section or section 12 below shall be family proceedings for the purposes of the 1989 Act F110...; and the standard of proof applicable to such proceedings shall be that applicable to civil proceedings.
7
In this section “local authority” has the same meaning as in the 1989 Act.
8
In this section and section 12 below, “responsible officer”, in relation to a child safety order, means one of the following who is specified in the order, namely—
a
a social worker of a local authority F66. . . ; and
b
a member of a youth offending team.
I712 Child safety orders: supplemental.
1
Before making a child safety order, F114 the family court shall obtain and consider information about the child’s family circumstances and the likely effect of the order on those circumstances.
2
Before making a child safety order, F113 the family court shall explain to the parent or guardian of the child 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 (6) below) if the child fails to comply with any of those requirements; and
c
that the court has power (under subsection (4) below) to review the order on the application either of the parent or guardian or of the responsible officer.
3
Requirements included in a child safety order shall, as far as practicable, be such as to avoid—
a
any conflict with the parent’s religious beliefs; and
b
any interference with the times, if any, at which the child normally attends school.
4
If while a child safety order is in force in respect of a child it appears to the court which made it, on the application of the responsible officer or a parent or guardian of the child, that it is appropriate to make an order under this subsection, the court may make an order discharging the child safety order or varying it—
a
by cancelling any provision included in it; or
b
by inserting in it (either in addition to or in substitution for any of its provisions) any provision that could have been included in the order if the court had then had power to make it and were exercising the power.
5
Where an application under subsection (4) above for the discharge of a child safety order is dismissed, no further application for its discharge shall be made under that subsection by any person except with the consent of the court which made the order.
6
Where a child safety order is in force and it is proved to the satisfaction of the court which made it F112..., on the application of the responsible officer, that the child has failed to comply with any requirement included in the order, the court—
a
F67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
may make an order varying the order—
i
by cancelling any provision included in it; or
ii
by inserting in it (either in addition to or in substitution for any of its provisions) any provision that could have been included in the order if the court had then had power to make it and were exercising the power.
7
F67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11513 Appeals against child safety orders.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13AF81Parental compensation orders
1
A magistrates' court may make an order under this section (a “parental compensation order”) if on the application of a local authority it is satisfied, on the civil standard of proof—
a
that the condition mentioned in subsection (2) below is fulfilled with respect to a child under the age of 10; and
b
that it would be desirable to make the order in the interests of preventing a repetition of the behaviour in question.
2
The condition is that the child has taken, or caused loss of or damage to, property in the course of—
a
committing an act which, if he had been aged 10 or over, would have constituted an offence; or
b
acting in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as himself.
3
A parental compensation order is an order which requires any person specified in the order who is a parent or guardian of the child (other than a local authority) to pay compensation of an amount specified in the order to any person or persons specified in the order who is, or are, affected by the taking of the property or its loss or damage.
4
The amount of compensation specified may not exceed £5,000 in all.
5
The Secretary of State may by order amend subsection (4) above so as to substitute a different amount.
6
For the purposes of collection and enforcement, a parental compensation order is to be treated as if it were a sum adjudged to be paid on the conviction by the magistrates' court which made the order of the person or persons specified in the order as liable to pay the compensation.
7
In this section and sections 13B and 13C below, “local authority” has the same meaning as in the 1989 Act.
13BParental compensation orders: the compensation
1
When specifying the amount of compensation for the purposes of section 13A(3) above, the magistrates' court shall take into account—
a
the value of the property taken or damaged, or whose loss was caused, by the child;
b
any further loss which flowed from the taking of or damage to the property, or from its loss;
c
whether the child, or any parent or guardian of his, has already paid any compensation for the property (and if so, how much);
d
whether the child, or any parent or guardian of his, has already made any reparation (and if so, what it consisted of);
e
the means of those to be specified in the order as liable to pay the compensation, so far as the court can ascertain them;
f
whether there was any lack of care on the part of the person affected by the taking of the property or its loss or damage which made it easier for the child to take or damage the property or to cause its loss.
2
If property taken is recovered before compensation is ordered to be paid in respect of it—
a
the court shall not order any such compensation to be payable in respect of it if it is not damaged;
b
if it is damaged, the damage shall be treated for the purposes of making a parental compensation order as having been caused by the child, regardless of how it was caused and who caused it.
3
The court shall specify in the order how and by when the compensation is to be paid (for example, it may specify that the compensation is to be paid by instalments, and specify the date by which each instalment must be paid).
4
For the purpose of ascertaining the means of the parent or guardian, the court may, before specifying the amount of compensation, order him to provide the court, within such period as it may specify in the order, such a statement of his F107assets and other financial circumstances as the court may require.
5
A person who without reasonable excuse fails to comply with an order under subsection (4) above is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
6
If, in providing a statement F108... pursuant to an order under subsection (4) above, a person—
a
makes a statement which he knows to be false in a material particular;
b
recklessly provides a statement which is false in a material particular; or
c
knowingly fails to disclose any material fact,
he is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
7
Proceedings in respect of an offence under subsection (6) above may, despite anything in section 127(1) of F116the Magistrates' Courts Act 1980 (“the 1980 Act”) (limitation of time), be commenced at any time within two years from the date of the commission of the offence or within six months of its first discovery by the local authority, whichever period expires earlier.
13CParental compensation orders: supplemental
1
Before deciding whether or not to make a parental compensation order in favour of any person, the magistrates' court shall take into account the views of that person about whether a parental compensation order should be made in his favour.
2
Before making a parental compensation order, the magistrates' court shall obtain and consider information about the child's family circumstances and the likely effect of the order on those circumstances.
3
Before making a parental compensation order, a magistrates' court shall explain to the parent or guardian of the child 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 (4)(b) below) as a result of failure to comply with any of those requirements;
c
that the court has power (under subsection (4)(a) below) to review the order on the application either of the parent or guardian or of the local authority.
4
A magistrates' court which has made a parental compensation order may make an order under subsection (5) below if while the order is in force—
a
it appears to the court, on the application of the local authority, or the parent or guardian subject to the order, that it is appropriate to make an order under subsection (5); or
b
it is proved to the satisfaction of the court, on the application of the local authority, that the parent or guardian subject to it has failed to comply with any requirement included in the order.
5
An order under this subsection is an order discharging the parental compensation order or varying it—
a
by cancelling any provision included in it; or
b
by inserting in it (either in addition to or in substitution for any of its provisions) any provision that could have been included in the order if the court had then had power to make it and were exercising the power.
6
Where an application under subsection (4) above for the discharge of a parental compensation order is dismissed, no further application for its discharge shall be made under that subsection by any person except with the consent of the court which made the order.
7
References in this section to the magistrates' court which made a parental compensation order include any magistrates' court acting in the same local justice area as that court.
13DParental compensation orders: appeal
1
If a magistrates' court makes a parental compensation order, the parent or guardian may appeal against the making of the order, or against the amount of compensation specified in the order.
2
The appeal lies to the Crown Court.
3
On the appeal the Crown Court—
a
may make such orders as may be necessary to give effect to its determination of the appeal;
b
may also make such incidental or consequential orders as appear to it to be just.
4
Any order of the Crown Court made on an appeal under this section (other than one directing that an application be re-heard by a magistrates' court) shall, for the purposes of section 13C above, be treated as if it were an order of the magistrates' court from which the appeal was brought and not an order of the Crown Court.
5
A person in whose favour a parental compensation order is made shall not be entitled to receive any compensation under it until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal on which the order could be varied or set aside.
13EEffect of parental compensation order on subsequent award of damages in civil proceedings
1
This section has effect where—
a
a parental compensation order has been made in favour of any person in respect of any taking or loss of property or damage to it; and
b
a claim by him in civil proceedings for damages in respect of the taking, loss or damage is then to be determined.
2
The damages in the civil proceedings shall be assessed without regard to the parental compensation order, but the claimant may recover only an amount equal to the aggregate of the following—
a
any amount by which they exceed the compensation; and
b
a sum equal to any portion of the compensation which he fails to recover.
3
The claimant may not enforce the judgment, so far as it relates to such a sum as is mentioned in subsection (2)(b) above, without the permission of the court.
14 Local child curfew schemes.
F68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15 Contravention of curfew notices.
F69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C1316 Removal of truants F70and excluded pupils to designated premises etc.
1
This section applies where a local authority—
a
designates premises in a police area (“designated premises”) as premises to which children and young persons of compulsory school age may be removed under this section; and
b
notifies the chief officer of police for that area of the designation.
2
A police officer of or above the rank of superintendent may direct that the powers conferred on a constable by F71subsections (3) and (3ZA) below—
a
shall be exercisable as respects any area falling within the police area and specified in the direction; and
b
shall be so exercisable during a period so specified;
and references in F72each of those subsections to a specified area and a specified period shall be construed accordingly.
3
If a constable has reasonable cause to believe that a child or young person found by him in a public place in a specified area during a specified period—
a
is of compulsory school age; and
b
is absent from a school without lawful authority,
the constable may remove the child or young person to designated premises, or to the school from which he is so absent.
F733ZA
If a constable has reasonable cause to believe that a child or young person found by him in a public place in a specified area during a specified period and during school hours—
a
is of compulsory school age,
b
has been excluded on disciplinary grounds from a relevant school for a fixed period or permanently,
c
remains excluded from that school,
d
has not subsequently been admitted as a pupil to any other school, and
e
has no reasonable justification for being in the public place,
the constable may remove the child or young person to designated premises.
F743A
Subsection (2) shall have effect in relation to The British Transport Police Force; and for that purpose the reference to any area falling within the police area shall be treated as a reference to any area in a place specified in section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003.
F753B
In subsection (3ZA), “school hours” means any time during a school session of the school referred to in paragraph (b) of that subsection or during a break between sessions of that school on the same day.
4
A child’s or young person’s absence from a school shall be taken to be without lawful authority F76unless the child or young person is prevented from attending by sickness or other unavoidable cause or the absence falls within subsection (3) (leave or day set apart for religious observance) of section 444 of the Education Act 1996.
5
In this section—
F77“British Transport Police” means the force of constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix);
“local authority” means—
- a
in relation to England, a county council, a district council whose district does not form part of an area that has a county council, a London borough council or the Common Council of the City of London;
- b
in relation to Wales, a county council or a county borough council;
- a
F78. . .
“public place” has the same meaning as in F79Part 2 of the Public Order Act 1986;
F80“relevant school” has the meaning given by section 111 of the Education and Inspections Act 2006;
“school” has the same meaning as in the M3Education Act 1996.
Miscellaneous and supplemental
I817 Duty to consider crime and disorder implications.
1
Without prejudice to any other obligation imposed on it, it shall be the duty of each authority to which this section applies to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent,
F82a
crime and disorder in its area (including anti-social and other behaviour adversely affecting the local environment); and
b
the misuse of drugs, alcohol and other substances in its areaF83; and
c
re-offending in its area
F160; and
d
serious violence in its area.
F1611A
The duty imposed on an authority by subsection (1) to do all it reasonably can to prevent serious violence in its area is a duty on the authority to do all it reasonably can to—
a
prevent people from becoming involved in serious violence in its area, and
b
reduce instances of serious violence in its area.
F842
This section applies to each of the following—
a local authority;
a joint authority;
F150a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021 (asc 1);
F85a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;
F128the London Fire Commissioner;
a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;
F131a fire and rescue authority created by an order under section 4A of that Act;
a metropolitan county fire authority;
F86a local policing body;
a National Park authority;
the Broads Authority;
F87the Greater London Authority;
F99...
Transport for London.
3
In this section—
“local authority” means a local authority within the meaning given by section 270(1) of the M4Local Government Act 1972 or the Common Council of the City of London;
“joint authority” has the same meaning as in the M5Local Government Act 1985;
“National Park authority” means an authority established under section 63 of the M6Environment Act 1995.
F884
The appropriate national authority may by order amend this section by—
a
adding an entry for any person or body to the list of authorities in subsection (2),
b
altering or repealing any entry for the time being included in the list, or
c
adding, altering or repealing provisions for the interpretation of entries in the list.
5
In subsection (4) “the appropriate national authority” has the same meaning as in section 5.
F1626
References in this section to serious violence and to becoming involved in serious violence are to be construed in accordance with section 18.
C17C2217AF98Sharing of information
1
A relevant authority is under a duty to disclose to all other relevant authorities any information held by the authority which is of a prescribed description, at such intervals and in such form as may be prescribed.
2
In subsection (1) “prescribed” means prescribed in regulations made by the Secretary of State.
3
The Secretary of State may only prescribe descriptions of information which appears to him to be of potential relevance in relation to the reduction of crime and disorder in any area of England and Wales (including anti-social or other behaviour adversely affecting the local environment in that area).
4
Nothing in this section requires a relevant authority to disclose any personal data F132(within the meaning of Parts 5 to 7 of the Data Protection Act 2018 (see section 3(2) and (14) of that Act)).
5
In this section “relevant authority” means an authority in England and Wales which is for the time being a relevant authority for the purposes of section 115.
I918 Interpretation etc. of Chapter I.
C211
In this Chapter—
F123...
“chief officer of police” has the meaning given by section 101(1) of the M7Police Act 1996;
“child safety order” has the meaning given by section 11(1) above;
F89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F123...
F89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F90“local policing body” has the meaning given by section 101(1) of the Police Act 1996;
F91“parental compensation order” has the meaning given by section 13A(1) above;
“parenting order” has the meaning given by section 8(4) above;
“police area” has the meaning given by section 1(2) of the M8Police Act 1996;
F101...
“responsible officer”—
- za
F124...
- a
in relation to a parenting order, has the meaning given by section 8(8) above;
- b
in relation to a child safety order, has the meaning given by section 11(8) above;
- za
F163“violence”—
- a
includes, in particular—
- i
domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act),
- ii
sexual offences,
- iii
violence against property, and
- iv
threats of violence;
- i
- b
does not include terrorism (within the meaning of the Terrorism Act 2000 (see section 1(1) to (4) of that Act)).
- a
F149...
F92. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1521A
In the definition of “violence” in subsection (1) “sexual offence” means an offence under the law of England and Wales which is for the time being specified in Schedule 3 to the Sexual Offences Act 2003, other than the offence specified in paragraph 14 of that Schedule (fraudulent evasion of excise duty).
1B
In determining for the purposes of subsection (1A) whether an offence is specified in Schedule 3 to the Sexual Offences Act 2003, any limitation in that Schedule referring to the circumstances of a particular case (including the sentence imposed) is to be disregarded.
1C
References in this Chapter to becoming involved in serious violence include becoming a victim of serious violence.
1D
In considering whether violence in an area amounts to serious violence for the purposes of this Chapter account must be taken in particular of the following factors—
a
the maximum penalty which could be imposed for the offence (if any) involved in the violence,
b
the impact of the violence on any victim,
c
the prevalence of the violence in the area, and
d
the impact of the violence on the community in the area.
2
F93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C143
Where directions under a parenting order are to be given by F94an officer of a local probation board, F94the officer of a local probation board shall be an officer appointed for or assigned to the F95local justice area within which it appears to the court that the child or, as the case may be, the parent resides or will reside.
F963A
Where directions under a parenting order are to be given by an officer of a provider of probation services, the officer of a provider of probation services shall be an officer acting in the local justice area within which it appears to the court that the child or, as the case may be, the parent resides or will reside.
C144
Where the supervision under a child safety order is to be provided, or directions under F125... a parenting order are to be given, by—
a
a social worker of a local authority F97. . . ; or
b
a member of a youth offending team,
the social worker or member shall be a social worker of, or a member of a youth offending team established by, the local authority within whose area it appears to the court that F126 the child or, as the case may be, the parent , resides or will reside.
5
For the purposes of this Chapter the Inner Temple and the Middle Temple form part of the City of London.