http://www.legislation.gov.uk/id/ukpga/1998/37

http://www.legislation.gov.uk/ukpga/1998/37/section/19/2001-04-01

Crime and Disorder Act 1998

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.

1998-07-31

text

text/xml

en

Statute Law Database

2024-05-17

2001-04-01

Crime and Disorder Act 1998

Sch. 3

para. 3(11A)

Criminal Justice Act 2003

Sch. 3

para. 71(d)

s. 336(3)

(4)

Crime and Disorder Act 1998

s. 51(2A)-(2E)

Judicial Review and Courts Act 2022

s. 10(4)

s. 51(4)

Crime and Disorder Act 1998

s. 51(3A)

(3B)

Judicial Review and Courts Act 2022

s. 10(5)

s. 51(4)

Crime and Disorder Act 1998

s. 51A(A1)

Judicial Review and Courts Act 2022

s. 10(7)

s. 51(4)

Crime and Disorder Act 1998

s. 51A(3A)-(3E)

Judicial Review and Courts Act 2022

s. 10(9)

s. 51(4)

Crime and Disorder Act 1998

s. 51A(4A)

(4B)

Judicial Review and Courts Act 2022

s. 10(10)

s. 51(4)

Crime and Disorder Act 1998

s. 52(2A)

Judicial Review and Courts Act 2022

s. 10(11)

s. 51(4)

Crime and Disorder Act 1998

s. 47(A1)

Judicial Review and Courts Act 2022

s. 12(2)

s. 51(4)

Crime and Disorder Act 1998

s. 47(1)-(1F)

Judicial Review and Courts Act 2022

s. 12(3)

s. 51(4)

Crime and Disorder Act 1998

s. 47(4)(a)

Judicial Review and Courts Act 2022

s. 12(6)(a)

s. 51(4)

Crime and Disorder Act 1998

s. 47(4)(a)

Judicial Review and Courts Act 2022

s. 12(6)(b)

s. 51(4)

Crime and Disorder Act 1998

s. 47(4)(b) and word

Judicial Review and Courts Act 2022

s. 12(6)(c)

s. 51(4)

Crime and Disorder Act 1998

s. 47(4A)

Judicial Review and Courts Act 2022

s. 12(7)

s. 51(4)

Crime and Disorder Act 1998

s. 50A(6)

Judicial Review and Courts Act 2022

Sch. 2

para. 8(2)(b)

s. 51(4)

Crime and Disorder Act 1998

s. 1(1C)

Crime and Security Act 2010

s. 40(2)

s. 59(1)

Crime and Disorder Act 1998

s. 8A

Crime and Security Act 2010

s. 41(3)

s. 59(1)

Crime and Disorder Act 1998

s. 9(2)(d) and word

Crime and Security Act 2010

s. 41(4)(b)

s. 59(1)

Crime and Disorder Act 1998

s. 9(2AA)

Crime and Security Act 2010

s. 41(4)(c)

s. 59(1)

Crime and Disorder Act 1998

s. 8A

Anti-social Behaviour, Crime and Policing Act 2014

Sch. 11

para. 24(c)

s. 21

33

42

58

75

93

s. 185(1)

art. 4(f)(vi)

Crime and Disorder Act 1998

s. 9(2)(d) and word

Anti-social Behaviour, Crime and Policing Act 2014

Sch. 11

para. 26(4)(a)

s. 21

33

42

58

75

93

s. 185(1)

art. 3(g)(iv)

art. 4

Crime and Disorder Act 1998

s. 9(2AA)

Anti-social Behaviour, Crime and Policing Act 2014

Sch. 11

para. 26(5)

s. 21

33

42

58

75

93

s. 185(1)

art. 3(g)(iv)

art. 4

Crime and Disorder Act 1998

s. 41(5)(i)

(ii)

Counter-Terrorism and Sentencing Act 2021

Sch. 13

para. 37(3)

s. 50(3)(j)

Part I Prevention of crime and disorder

Chapter II Scotland

I119 Anti-social behaviour orders.

1

A local authority may make an application for an order under this section if it appears to the authority that the following conditions are fulfilled with respect to any person of or over the age of 16, namely—

a

that the person has—

i

acted in an anti-social manner, that is to say, in a manner that caused or was likely to cause alarm or distress; or

ii

pursued a course of anti-social conduct, that is to say, pursued a course of conduct that caused or was likely to cause alarm or distress,

to one or more persons not of the same household as himself in the authority’s area (and in this section “anti-social acts” and “anti-social conduct” shall be construed accordingly); and

b

that such an order is necessary to protect persons in the authority’s area from further anti-social acts or conduct by him.

2

An application under subsection (1) above shall be made by summary application to the sheriff within whose sheriffdom the alarm or distress was alleged to have been caused or to have been likely to be caused.

3

On an application under subsection (1) above, the sheriff may, if he is satisfied that the conditions mentioned in that subsection are fulfilled, make an order under this section (an “anti-social behaviour order”) which, for the purpose of protecting persons in the area of the local authority from further anti-social acts or conduct by the person against whom the order is sought, prohibits him from doing anything described in the order.

4

For the purpose of determining whether the condition mentioned in subsection (1)(a) is fulfilled, the sheriff shall disregard any act of the person in respect of whom the application is made which that person shows was reasonable in the circumstances.

5

This section does not apply in relation to anything done before the commencement of this section.

6

Nothing in this section shall prevent a local authority from instituting any legal proceedings otherwise than under this section against any person in relation to any anti-social act or conduct.

7

In this section “conduct” includes speech and a course of conduct must involve conduct on at least two occasions.

8

In this section and section 21 below “local authority” means a council constituted under section 2 of the M1Local Government etc. (Scotland) Act 1994 and any reference to the area of such an authority is a reference to the local government area within the meaning of that Act for which it is so constituted.