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Sentences and Orders Leaflet
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sentences and orders leaflet
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Crime and Police ReformPolice Reform Crime and
Disorder Act Act 2002
Act 2002 justice
Justice act
Act 2003
2003
1998 Impact
The PoliceonReform
provisions
the public
The policeofreform
services;
Act 2002
the Actactareallows
(c.30) is an of the . Amongst the
the police
the creation community
of the support
role of , who have
ItPublic
amends Services;
The Crimeofand
allocation
the law relating to police powers, bail, disclosure,
criminalJustice Act allows
offences, the justice
prosecution systemautrefois
appeals, to issue
officers
some to take
police on the
powers powers
whilst of an ‘sworn
not being officer so they can enforce
in’ constables, and acquit
offenders("double
the appropriate
jeopardy"),punishment
hearsay, propensityfor their crime/offence.
evidence, bad
.The crime
Its key andwere
areas disorder Act of 1998 has
the introduction changed many
of Anti-Social aspects
Behavioural theability
the law. This
for togives them
confer the power
a more limitedtorange
keep the streets
of police free ofon
powers Giving them
character the appropriate
evidence, sentencing punishments
and releasemean that they
on licence. can
It permits
of the law
Orders, Sexand helped Orders,
Offender keep young and older
Parenting Orders, offenders
granting from
local crime(non-sworn
other and offer them punishments
in) individuals for misconduct.
as part of . offences
then worktotowardsbe tried changing
by a judgetheir sitting
behaviour.
alone without a jury in
recommitting
authorities morewithresponsibilities
their approach. withThere are many
regards debateable
to strategies for Section 59 Victims;
cases where there is a danger of jury-tampering. It also expands
points in crime
reducing whetherandthis law is fair
disorder, andand theactually
introductionhelps. law specific to Section 59 of the Act is a common tool now used by police the
Allowing
circumstances
offendersintowhich have defendants
bail can be acan negative
be triedthingtwiceforfor the
The anti-social behaviour order is aAct
bigalso
partabolished
of this act,rebuttable
but Impact on offenders; victims of violent crimes as it gives them theandfearcompelling
of their offender
'racially aggravated' offences. The constables and police community support officers (PCSOs) to same offence (double jeopardy), when "new
because theythat areaissued for only two yearsfourteen
before years
they are Section 59 of this act means that they can seize vehicle that is
presumption child between ten and of age seize vehicles being used in an anti-social manner. Vehicles can evidence"
being out is there
introduced.
and giving them a change to find them or
being used in an anti-social manner and is likely to cause alarm
iscleared
incapableit means that they an
of committing offender
offencemay andtake the opportunity
formally abolished to be seized if the police officer / PCSO reasonably believes that a threaten
Stop andthem search in anypowers way so by abolishing the rights for prisoners
reoffend or distress. This will alert the driver of their impractical or erratic
the deathas they know
penalty it only ad
for treason lasts for a short period of time.
piracy. mechanically propelled vehicle is being used in a manner: Police
to make "stop
an application
and search"means powersthat areaincreased
victim feels to much
include safer.
cases
Anyone over 10 can be issued an ASBO so it gives the young behaviour and make them recognise that they cannot continue to
causing, or likely to cause alarm, distress or annoyance to the ofStop and search
suspected in, forpowers
example, will make victims ofof spray
the carrying weapon crimes
paint by or
offenders a little scare to stop them from reoffending. Though the drive in that way/ condition of the car.
public and contravening section 3 (careless/inconsiderate aspirant
drug related graffitioffences
artists. feel Peoplea lotwho
safer accompany
if they know constables
that people on can
a
Anti-social Behavioural
anti-social behaviour orderOrder (ASBO)
only lasts for two years it gives young Impact on witnesses; searchofanyone theymay believe
driving), or contravening section 34 (prohibition of off-road search premises nowtotake be ancarrying
activethese.part in the search, as
people a chance to see what they’ve done wrong and change People who are witnesses to anti-social driving means that they
driving/driving other than a road) of the Road Traffic Act 1988. long
Witnesses;
as they remain accompanied at all times. This is particularly
their behaviour before it is to
toopeople
late. Itwhoalsocommitted
means that‘anti-social
it will not are more aware on the roads and know how they are expected to The crime and where
justice computer
act works or in financial
favour forevidence
witnesses in all of
These orders were issued Vehicles should be issued with a warning first, unless this is useful in cases may need
go on theirinrecord and affect futureItgoals for the be driving. They also see the consequences of what happens
behaviour’ the United Kingdom. is defined asoffender,
conduct ifwhich they impracticable. An example of it being impractical would be the tothebesame
siftedwaysat theasscene,it doesforforwhich
a victim.outside
A witness
expertiseof aiscrime
required.
wold
chose toorgo thelikely
righttoway. Overall, when peoples driving is impractical.
caused was cause alarm,I think the ASBO
harassment, or isdistress
a goodto offenders leaving the vehicle/making off or the vehicle being not want to feel as though the offender is being given a chance to
Bail
wayortomore
one get people
persons to recognise
not of the same there are issues with
household as him theiror unregistered and unable to be traced - therefore a warning The
go back
right into
of a the
prisoner
community to make andanthisapplication
act workstoagainst the High allCourt is
behaviour
herself andand gives
where an them
ASBOa ischance seen as to better
necessary it buttoit protect
also means unable
Impacttoon be Community;
placed. If an officer also reasonably believes a chances for
abolished. this to happen
Previously so a witness
an application couldcan befeel
made safeto or
the Crown
that afterpersons
relevant the twofrom
yearsfurther
they can then recommit
anti-social acts by so theI defendant.
believe they warning
Allowinghas been given
community withinofficers
support the pastto12takemonths
on the- whether
power ofora Court
protected.
and the High Court as of right. The right to make a bail
should extend
Anyone over thetheagetimeof of
10howcan long you have
be issued withab anASBO
ASBO.for. The not recorded
regular onmeans
officer the Police
thatNational Computer
the response or similar
to crime will besystem,
quicker Offenders;by way of remains, although only if it’s more stringent
application
When aare
orders sex offender
given out byis the
put magistrate’s
onto a register courtit does
and not
last state
for a their as they have the power of arrest and to issue punishments. It will tests
This applicable
act means are thatsatisfied.
less offendersThe Crown will beCourtgivenisthe now chance
effectively
for
act so a minor
minimum offender
of 2 years. canASBO’s
If the be seen areasbroken
big offender
in this when
time the it make bailfinal
the as itarbiter
abolishes of bail theinright for acases.
criminal prisoner to make anappeals
Prosecution application
would’vewill been they canthe community
seize the vehiclefeelimmediately.
more secure.
offender be asent
misunderstanding.
to prison. Examples This of is not a fair judgment
behaviour which anas against
to the high decisions
court’s to sogrant
they bail
will not
are want
extended to betocaught
all imprisonable
for their
it can change
ASBO their entire
can be issued future if people
for; Spitting, in the local community
vandalism/graffiti, drunken crime and
criminal therefore less likely to continue with criminal
offences.
were tobehaviour,
public find that. Due loudto music,
this it would
swearinggive them a chance to
in public. Conditional
behaviour. When cautions an offender is given a conditional caution it
redeem themselves because people in their community wouldn’t
Sex offender orders
feel comfortable around them so they would want to change their
behaviour.
Anti-social gives
The
Stopofand
kind
themmay,
police
unconditional),
situation they may
a chance
search
caution
as welltoas
issuehelp
must powers
either
conditional
realise
issuing the the
to reducecautions.
admitmeanshis guilt
normal
crime orThe
that
seriousness
of the police
cautions of
a chance
recipient
offencecan
the are
(which
to recommit.
forsearch
of any
which the
behaviour Act
A Sex Offender Order is a similar concept to the Anti-Social
Some say that a parenting order is fair because the parent’s caution
anyoneiswho imposed.
look like Conditional
they are going cautionsto e.g.must spray
be issued
paint orincause
Behaviour Order with the key difference being that it is
should be disciplining their child and teaching them right from criminal damage.
accordance with a Thiscodewill make an issued
of practice, offender byofthethese
Home offences
specifically aimed at those people in society that are deemed
wrong. By punishing the parent for their child’s behaviour is a real Secretary.
less chance They to do willthese
impose or even
conditions
make upon them the stopoffender.
as they Ifcould
those
2003
‘sex offenders’. The Act allows a police officer to approach the
eye-opener and will encourage the parents to start giving be searched
conditions areatbreached
any point.the offender may then be prosecuted for
Magistrates' Court and show that he has reasonable cause to
punishments and rewards for their children’s behaviour. I think the
Allocation
offence.and Thesendingextends of the
offences
adult conditional
means thatcaution the court scheme
are to
believe that there is a need for an order to be made to protect the
this order is appropriate as is gives the child a reason to reflect The Anti-social Behaviour Act 2003 is an of the which almost made offenders.
young aware of any previous convictions, if an offender was to
public from harm. The conditions placed in such an order are
on their behaviour and see that it is not old affecting themselves entirely applies only to . The Act, championed by then , , was Allocation
know aboutand thissending
they are of lessoffences
likely to commit another offence as
those that are needed to prevent harm to the public. The order
but their family too. passed in 2003. As well as strengthening the and provisions, theymode
The knowofthat trialthe court mayare
provisions notamended
side withtothem allowdue thetocourt
otherto be
can be made for a minimum of 5 years unless the court upholds
This law deals with racial or religious aggravated offences but it and banning sales to people under the age of 16, it gives local made
offences.aware of the defendant's previous convictions at the mode
a complaint for the order to varied or discharged.
does not cover all five protected aspects which include the two councils the power to order the removal of from private property. ofCommunity;
trial stage (that is, when the Magistrates' Court decides
A breach of a Sex Offender Order renders the person to which
listed above but also disability, gender and sexual orientation. It also specifically addresses , crack houses QQ false reports of whether
This actcertain
increases offences
the police’s
are to stop
be triedandsummarily
search powers beforethis them or
the order applies, liable for imprisonment, on summary
This means that when people refer back to the act in a court emergency, fireworks, and . meansathat
before judge if they
and suspect
jury at the anyone
CrownofCourt).carrying Theinappropriate
right to commit items
conviction, for up to six months or on conviction on , up to five
case and they are not covered in either of the three aspects, it tothey
thecanCrown stopCourt
them.forThis sentence
would make (whenthe thecommunity
Magistrates' feel
Court
a lot
years and/or a fine. The act only applies to those people that are
can seem as if they are not promoting equality and this could safer if they
regards its own know that suspects
powers are in is
as insufficient) theabolished
police’s eye.for cases
defined as a 'sex offender' per Section 3(1) of the act or namely
cause a stir. Nowadays there is a lot of racial and religious when
Abolishing
it has thepreviously
right foraccepted
a prisonerjurisdiction.
to make anThese application
provisionsto the
that the person has been convicted of an offence under Part I of
tension with the current events which are happening so people high court
amend the means
previousthat less prisoners
position are more likely
when a defendant whosetobad make an
prior
the , wasn't found guilty as a result of insanity, or has been
are more focused of these so it shows that the law recognises record
appealmeans for bail,that thishemeansis triedthat
summarily
less offendersand then willsent
be on elsewhere
the
cautioned for such an offence and at the time admitted it or has
this and offers their help to stop it. streets
for while the
sentence; waitingsame to type
be sentenced
of court deals and the withcommunity
both trial and will feel
been convicted of a similar offence in any country outside of the
In conclusion, I believe that this order covers most aspects even sentence
a lot moreinsecureordinary knowing
cases. this.The provisions
It also means werethat introduced
those
United Kingdom and the offence would have been deemed a
if it is just briefly and is very fair with giving people multiple offenders
under sectionwho41areand being convicted
section 42 of Partof a 6serious
of the crime
act. do not get
sexual offence under UK law.
opportunities to change. An area which could have been more Jury
the chance
Serviceto run or re-offend in this time frame.
thought through was the racial and religious aggravated offences Conditional
The Act expanded cautions have the same
substantially effect as
the number of the
peoplestopeligible
and for
Parenting Order
as the law should always promote equality and this law does not jury
searchservice,
powers,firstlyit makes
by removing the community
the various feelformer
secure grounds
when they of
show full compliance with that. know that the
ineligibility, andpolice
secondly are now aware ofthe
by reducing thescope
offences peopletoin the
for people
A Parenting Order is an order made against the parent(s of a
avoid
community
serviceare whencommitting.
called up. Only members of the Armed
child which has been given an Anti-Social Behaviour Order, has
Forces whose commanding officers certify that their absence
been convicted of an offence, or the parent has been convicted
would be prejudicial to the efficiency of the Service can be
of an offence under section 443 or 444 of The education act
excused jury duty.
1996.. Its aim is that parents must adhere to the conditions to
stop their child from behaving similarly, failure to do so will lead to
their conviction. The order can be made for a period not
exceeding 12 months. There are restrictions on orders being
made that interfere with the parents' or child's religious beliefs or
that interfere with the times which the parent normally attends
work or an educational institution. If the parenting order is
breached, the parents could be liable to a fine, not exceeding
level 3 on the standard scale.
Racially/Religiously aggravated offences
The Act create separate offences for crimes that were
aggravated by the victim's race or religion or presumed race or
religion. They did not originally apply to crimes that are
aggravated by the offender's perception of the victim's
membership of a religion but it was amended by of the .
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