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| HOC | 38/1998 |
| THIS CIRCULAR IS ABOUT: | CRIME and DISORDER ACT 1998 |
| FROM: | CRIMINAL POLICY STRATEGY UNIT, HOME OFFICE |
| EXPIRY DATE: | N/A |
| DATE OF IMPLEMENTATION: | 1 August 1998 7 August 1998 30 September 1998 |
| GENERAL INFORMATION: | PHILIP COLLIGAN CRIMINAL POLICY STRATEGY UNIT HOME OFFICE 50 QUEEN ANNE’S GATE LONDON SW1H 9AT TEL: 020 7-273 3724 |
| THIS CIRCULAR IS
ADDRESSED TO: The Lord Chief Justice
of England |
The Clerk to the Justices
The Chief Crown Prosecutor Chief Officers of Police (England & Wales) Clerks to the Police Authorities (England & Wales) Chief Probation Officers The Chief Officers of Police (Northern Ireland) Director General, NCIS Director General, National Crime Squad Association of Chief Officers of Probation Magistrates’ Association Association of Magisterial Officers Magistrates’ Courts Division. Lord Chancellor’s Department Health Authority Chief Executives Directors of Social Services Prison Service Directors Prison Governors |
Dear Sir/Madam
IMPLEMENTATION
OF CRIME AND DISORDER ACT 1998: ENGLAND & WALES
1. This circular draws attention to the provisions of the Crime and Disorder Act 1998, the greater part of which will be brought into force in England and Wales on 1 August, 7 August and 30 September 1998. Other parts will be brought into force at later dates and will be the subject of separate Home Office circulars. Provisions to be brought into force on 30 September include a number which will be piloted.
Introductory Guide
2. There is a full description of all the provisions in the Crime & Disorder Act 1998 in the Introductory Guide which is available freely on request from Philip Colligan in this unit (address on the front of the circular).
3. The Introductory Guide gives a brief description of each section of the Act, the date on which it is proposed to implement the provision, and a contact name and number for further enquiries.
Commencement Orders
4. There will be two Commencement Orders associated with this first phase of implementation as indicated in Annex A.
Implementation Dates
5. The provisions which are to be brought into force by way of the two Commencement Orders are shown in Annex A.
Pilots
6. The provisions which are subject to pilot trials are also shown in Annex A. Although the commencement order will bring them into force, the provisions will be available only in those areas which have been notified as those selected for the conduct of the pilot trials. These are listed in Annex B.
Guidance
7. A wide range of guidance is being produced on the provisions in the Act. Estimated dates of publication are given in Annex C. All currently available guidance material and access to the Act itself is available on the Home Office Crime and Disorder Act website (www.homeoffice.gov.uk/cdact/index.html).
Further Information
8. Further information on specific subjects in the Act can be obtained from those listed in Annex C as having responsibility for a particular subject area in the Introductory Guide. More general information may be obtained from Philip Colligan on 020 7 273 3724.
Yours faithfully
Hugh Marriage
Home Office
Criminal Policy Strategy Unit
31 July 1998
CRIME AND DISORDER ACT 1998 ANNEX A
INITIAL IMPLEMENTATION PROGRAMME
| Implementation date | Planned action | Section |
| Commencement Order 1: | ||
| 1 August 1998 |
|
41(3) 49(2)-(5) |
| 7 August 1998 |
|
84 |
| Commencement Order 2: | ||
| 30 September 1998 |
|
5-7, 17 14-15
72 106, Sch. 7 113 115 |
| Implementation date | Planned action | Section |
| Commencement Order 2 (cont’d.) | ||
| 30 September 1998 | Pilots
|
8-10 11-13 38-40, 42 46, 49, 53 57 61-64 65-66 67-68 69-70 |
| December 1998 |
|
2-4 16 25-27 51-52 |
CRIME AND DISORDER ACT 1998 ANNEX B
Pilot Trials
1. Youth justice pilots
AREAS - As announced by Mr Michael on 3 June: the final warning scheme, reparation, action plan, child safety and parenting orders; and youth offending teams (YOTs) will be piloted in four areas:
Five further areas will pilot child safety and parenting orders and YOTs:
Two of the Narey pilot areas (Blackburn and Northamptonshire) will also pilot the final warning and youth offending team provisions.
2. Drug treatment and testing order pilots
AREAS - As announced by Mr Howarth on 25 February: the DTTO will be piloted under the management of the probation services in:
3. Piloting measures to reduce delays
AREAS - As announced by Mr Michael on 3 June: six areas will pilot procedural changes recommended by the Narey Review of Delay in the Criminal Justice System, some of which are contained in the Crime and Disorder Bill. The areas are:
4. TV links pilots
AREAS - As announced by Mr Michael in reply to a Parliamentary Question on 15 June:
Bristol (Bristol prison and Eastwood Park linked to Bristol and Swindon Magistrates’ Courts)
Manchester
(Manchester Prison and Hindley YOI linked to Manchester City Magistrates’ Court)
CRIME AND DISORDER BILL - GUIDANCE ANNEX C
| Provision | target date for guidance | contact point (020 7) |
| anti-social behaviour order | Autumn 98 | Deborah Grice 273-2494 |
| sex offender order | Autumn 98 | Deborah Grice 273-2494 |
| crime and disorder
partnerships Main text |
Available now | David Truscott 273-2827 |
| parenting orders | Draft September 98 before pilots start | Jonathan Lane 273-4158 |
| child safety orders
Draft |
Draft September 98 before pilots start | Jonathan Lane 273-4158 |
| local child curfews
Draft |
August 98 | Jonathan Lane 273-4158 |
| racially aggravated offences | August 98 | Neil Stevenson 273-3384 |
| aim of youth justice system | Protocol for September 98 | Sue Jago 273-3862 |
| youth offending teams | Inter-departmental circular issued in draft in June 98; formally in September before pilots start. | Clive Peckover 273-3144 |
| time limits | Summer 99 | Louisa Carrad 273-3521 (adults) Sue Jago 273-3862 (juveniles) |
| youth court procedures | October 98 | Sue Jago 273-3862 |
| powers for single justices etc. | August 98 | Richard Chown 273-2004 |
| bail | August 98 | Chris Potter 273-2535 |
| TV links | March 99 | Pat Baskerville 273-3282 |
| extended sentences (and re-release of prisoners serving extended sentences) | Autumn 98 | Stephen Bailey
273-3536 |
| drug treatment and testing order | April 2000 | Matthew Bird 273-3077 |
| final warning | October 2000 | Sue Jago 273-3862 |
| reparation order
Draft |
Draft Sept 98 before pilots start | Jonathan Lane 273-4158 |
| action plan order
Draft |
Draft Sept 98 before pilots start | Jonathan Lane 273-4158 |
| supervision order | Sept 98 | Jonathan Lane 273-4158 |
| detention and training order | Summer 99 | Jonathan Lane 273-4158 |
| secure remands | To be decided | Jonathan Lane 273-4158 |
| home detention curfew | Prison Service instruction -
available now Probation guidance - available now Police guidance - available now Prison Service order - Autumn 98 |
Neil Amos (probation) 273-3296 Richard Pickering (police) 273 3129 Andrew Sinclair (Prison Service) 217-6783 |
| supervision following recall and return | Autumn 98 | Stephen Bailey 273-3536 |
| information sharing
Chapter 5 of Crime and Disorder Partnerships |
August 98 | Paul Taylor 273-2179 |
| face coverings | Winter 1998 (by implementation date) | Stewart Baxter 273-3390 |
| police powers against truancy | End of 1998 | Patricia McFarlane 273-2503 |
| sentence calculation | Summer 1998 | Caroline Rowe (policy)
273-2911 Tony Hall (operational matters) 217-6686 |
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