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Crime- task one- report on crime and disorder legislation, sentences and orders.
Firstly, I shall be discussing three of the current crime and disorder legislations. These pieces of
legislation include the Anti-Social Behaviour act 2003, the crime and disorder act 1998, and finally
the police reform act 2002.
The anti-social behaviour act 2003
This act was championed by the then home secretary David Blunkett and received royal assent on
the 20th November 2003. The aim of the act is to “To make provision in connection with anti-social
behaviour”. The main provisions are to expand the use of ASBO’s (Anti-Social Behaviour Orders).
ASBO’s give local authorities, registered social landlords and the British Transport Police (BTP) the
power to apply for ASBO’s. The Act also gives the police and police community support officers the
authority to issue dispersal orders (an order that can be given to large groups of people congregating
who are believed to be causing other citizens to feel intimidated, distressed, harassed or alarmed.
The order means the group will be forced to split up). Refusing to leave or returning to the area
where the order was issued is a criminal offence. This act also gives the police force the authority to
send youths under the age of sixteen home if it is after nine o’clock in the evening, they also have
the right to fine individuals or groups on the spot if they are creating too much noise, graffiti or
truancy. Produces closure orders, also known as “crack house closure disorder”, this means that the
police have the ability to shutter premises which have been used for the supply and the protection
of a class A drug for up to six months. This act also modifies “public assembly” within section sixteen
of the Public Order Act of 1986. Within the 1986 act it required a minimum of twenty people
congregating to be an assembly which could be broken up, the anti-social behaviour act altered this
to two persons.
The crime and disorder act of 1998
The aim of this act is to prevent crime and order, this abolished the idea that children are incapable
of committing a crime and abolishes the death penalty for treason and piracy. Also, to make changes
to the criminal justice system, such as adjust the way that offenders are dealt. This act abolishes the
presumption of ‘doli incapax’ (the belief that children aged between ten to thirteen are unable to
commit crimes with criminal intent. It created the anti-social behaviour order, this prohibited
persons from being able to take part in and performing certain activities that the authorities or
government deems to be an anti-social act. The act explains that when deciding whether to sentence
someone with an ASBO they must consider whether the person has behaved in an antisocial
behaviour such as causing distress to someone or acting in a harassing manner. The act also
presented two new schemes of how to work with youth crime; these are the child safety orders (this
applies to children under the age of ten) and parenting orders which are made against the parent/s
of the child who has behaved unlawfully and received and anti-social behaviour order. Sex offender
orders were created meaning that any offenders are banned from going to areas and activities in
which child attend. The introduction of separate offences for crimes committed which were sparked
by the victim of the crimes presumed race. The act also requires the local authorities, the police and
other local bodies to create a crime and disorder strategy which will cover the areas in which they
work. In 1997 in the labour election campaign Tong Blair was extremely committed to introduce a
crime and disorder act as in recent years there was a significant rise in anti-social behaviour and
crime rates. Labours manifesto promised a ‘fast-track punishment’ for young offenders who are
continuously reoffending and community safety orders (later named ASBO’s) to correct and punish
‘threatening and disruptive criminal neighbours’.
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