Crime and Disorder Act 1998 in Scotland
1998 c. 37 · Enacted 31 July 1998 · Extends to United Kingdom
C1An 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.
[31st July 1998]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Annotations to the whole text
Modifications
- C1
Act modified (22.7.2008) by Transport for London Act 2008 (c. i), ss. 1(1), 29
Contents
- Part I: Prevention of crime and disorder
- 1CAVariation and discharge of orders under section 1C Repealed
- 1FContracting out of local authority functions Repealed
- 1GIntervention orders Repealed
- 1HIntervention orders: explanation, breach, amendment etc. Repealed
- 1JReview of orders under sections 1, 1B and 1C Repealed
- 1KResponsibility for, and participation in, reviews under section 1J Repealed
- 5ACombination agreements: further provision
- 6APowers of the Secretary of State and National Assembly for Wales
- 13AParental compensation orders
- 13CParental compensation orders: supplemental
- 13DParental compensation orders: appeal
- 13EEffect of parental compensation order on subsequent award of damages in civil proceedings
- Chapter II: Scotland
- 19Anti-social behaviour orders. Repealed
- 20Sex offender orders. Repealed
- 21Procedural provisions with respect to orders. Repealed
- 21ASex offender orders made in England and Wales or Northern Ireland Repealed
- 22Offences in connection with breach of orders. Repealed
- 22AAnti-social behaviour strategies Repealed
- 23Anti-social behaviour as ground of eviction.
- 24Noise-making equipment: police power of seizure.
- Chapter III: Great Britain
- 25Powers to require removal of masks etc.
- 26Retention and disposal of things seized.
- 27Power of arrest for failure to comply with requirement.
- Part II: Criminal law
- Racially-aggravated offences: Scotland
- 33Racially-aggravated offences.
- Part III: Criminal justice system
- 37Aim of the youth justice system.
- 39ADetention of child or young person: local authorities to be notified
- 43Time limits.
- 45Re-institution of stayed proceedings.
- 46Date of first court appearance in bail cases.
- Functions of courts etc.
- 50AOrder of consideration for either-way offences
- 52Provisions supplementing section 51 and 51A.
- 52ARestrictions on reporting
- 52BOffences in connection with reporting
- 53Crown Prosecution Service: powers of non-legal staff.
- 54Bail: increased powers to require security or impose conditions.
- 55Forfeiture of recognizances.
- 56Bail: restrictions in certain cases of homicide or rape.
- Part IV: Dealing with offenders
- Chapter I: England and Wales
- Young offenders: reprimands and warnings
- 65Reprimands and warnings. Repealed
- Young offenders: youth cautions
- 66ZAYouth cautions
- 66ZBEffect of youth cautions
- 66EFailure to comply with conditions
- Chapter II: Scotland
- Sexual or violent offenders
- 86Extended sentences for sex and violent offenders.
- 87Further provision as to extended sentences.
- 88Re-release of prisoners serving extended sentences.
- Offenders dependent etc. on drugs
- 89Drug treatment and testing orders.
- 90Requirements and provisions to be included in drug treatment and testing orders.
- 91Procedural matters relating to drug treatment and testing orders.
- 92Amendment and periodic review of drug treatment and testing orders.
- 93Consequences of breach of drug treatment and testing order.
- 94Combination of orders.
- 95Interpretation provision in relation to drug treatment and testing orders.
- Racial aggravation
- 96Offences racially aggravated. Repealed
- Part V: Miscellaneous and supplemental
- Miscellaneous
- 106Pre-consolidation amendments.
- 108Repeal of Chapter I of Part III of Crime and Punishment (Scotland) Act 1997. Repealed
- 109Transitional provisions in relation to certain life prisoners.
- 110Calculation of period of detention at customs office etc. where person previously detained. Repealed
- 111Early release in Scotland: two or more sentences.
- 112Restriction on consecutive sentences for released prisoners: Scotland.
- Supplemental
- 115Disclosure of information.
- 117General interpretation.
- 119Minor and consequential amendments.
- 121Short title, commencement and extent.
- Schedule 1Schedule 2A to the Civic Government (Scotland) Act 1982
- Membership
- 1Paragraph 1
- 2Paragraph 2
- Members and employees
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- House of Commons disqualification
- 6Paragraph 6
- Procedure
- 7Paragraph 7
- Annual reports and accounts
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Expenses
- 11Paragraph 11
- Schedule 3: Procedure where persons are sent for trial under section 51
- Reporting restrictions
- 3Paragraph 3
- 14Paragraph 14
- Schedule 3A: Prohibitions and limitations on use of live links
- Part 1: Directions under section 57B — preliminary hearings Repealed
- Introduction Repealed
- 1Paragraph 1 Repealed
- Use of audio links Repealed
- 2Paragraph 2 Repealed
- Disputed bail hearings Repealed
- 3Paragraph 3 Repealed
- Contempt of court Repealed
- 4Paragraph 4 Repealed
- Unfitness to plead Repealed
- 5Paragraph 5 Repealed
- Acceptance of a guilty plea Repealed
- 6Paragraph 6 Repealed
- Other limitations to apply also Repealed
- 7Paragraph 7 Repealed
- Part 2: Directions under section 57E — sentencing hearings Repealed
- Introduction Repealed
- 8Paragraph 8 Repealed
- Use of live audio links Repealed
- 9Paragraph 9 Repealed
- Other limitations to apply also Repealed
- 10Paragraph 10 Repealed
- Part 3: Directions under section 57F — enforcement hearings Repealed
- Introduction Repealed
- 11Paragraph 11 Repealed
- Use of live audio links Repealed
- 12Paragraph 12 Repealed
- Hearing where court minded to impose imprisonment or detention Repealed
- 13Paragraph 13 Repealed
- Contempt of court Repealed
- 14Paragraph 14 Repealed
- Other limitations to apply also Repealed
- 15Paragraph 15 Repealed
- Schedule 6: Drug treatment and testing orders: amendment of the 1995 Act
- Part I: Amendments relating to combination of orders
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3
- 4Paragraph 4
- Part II: Amendments relating to appeals
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Schedule 7: Pre-consolidation amendments: powers of criminal courts
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Powers of Criminal Courts Act 1973 (c.62)
- 15Paragraph 15 Repealed
- 32Paragraph 32
- 39Paragraph 39
- 53Paragraph 53
- 54Paragraph 54
- Schedule 8: Minor and consequential amendments
- Children and Young Persons Act 1933 (c.12)
- 1Paragraph 1
- 5Paragraph 5
- Prison Act 1952 (c.52)
- 7Paragraph 7
- 11Paragraph 11 Repealed
- 12Paragraph 12
- Firearms Act 1968 (c.27)
- 14Paragraph 14
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- Rehabilitation of Offenders Act 1974 (c.53)
- 35Paragraph 35 Repealed
- 36Paragraph 36 Repealed
- 38Paragraph 38
- Magistrates’ Courts Act 1980 (c.43)
- 45Paragraph 45
- 48Paragraph 48
- 54Paragraph 54
- Mental Health (Scotland) Act 1984 (c.36)
- 55Paragraph 55 Repealed
- 56Paragraph 56 Repealed
- 58Paragraph 58 Repealed
- 59Paragraph 59 Repealed
- 62Paragraph 62
- 63Paragraph 63
- 64Paragraph 64
- 66Paragraph 66
- 68Paragraph 68
- Prisons (Scotland) Act 1989 (c.45)
- 70Paragraph 70
- 71Paragraph 71
- 79Paragraph 79 Repealed
- 80Paragraph 80 Repealed
- 81Paragraph 81 Repealed
- 82Paragraph 82 Repealed
- 83Paragraph 83 Repealed
- 84Paragraph 84 Repealed
- 87Paragraph 87 Repealed
- 88Paragraph 88 Repealed
- 89Paragraph 89 Repealed
- 91Paragraph 91 Repealed
- 94Paragraph 94 Repealed
- 95Paragraph 95
- 97Paragraph 97 Repealed
- Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9)
- 98Paragraph 98
- 99Paragraph 99
- 100Paragraph 100
- 101Paragraph 101
- 102Paragraph 102
- 103Paragraph 103
- 104Paragraph 104
- 105Paragraph 105
- 106Paragraph 106
- 107Paragraph 107
- 108Paragraph 108
- 111Paragraph 111
- 113Paragraph 113
- Proceeds of Crime (Scotland) Act 1995 (c.43)
- 115Paragraph 115 Repealed
- 116Paragraph 116 Repealed
- Criminal Procedure (Scotland) Act 1995 (c.46)
- 117Paragraph 117
- 118Paragraph 118
- 119Paragraph 119
- 120Paragraph 120
- 121Paragraph 121
- 122Paragraph 122
- 123Paragraph 123
- 124Paragraph 124
- 125Paragraph 125
- 126Paragraph 126
- 128Paragraph 128
- 129Paragraph 129
- Crime (Sentences) Act 1997 (c.43)
- 135Paragraph 135
- 136Paragraph 136
- 138Paragraph 138
- Crime and Punishment (Scotland) Act 1997 (c.48)
- 140Paragraph 140
- 141Paragraph 141
- 142Paragraph 142
- 143Paragraph 143
- Presumption of incapacity
- 1Paragraph 1
- Effect of child’s silence at trial
- 2Paragraph 2
- Sexual or violent offenders: extended sentences
- Drug treatment and testing orders
- Young offenders: cautions
- 5Paragraph 5
- Abolition of secure training orders
- 6Paragraph 6
- Sentencing guidelines
- 7Paragraph 7
- Confiscation orders on committal for sentence
- Football spectators: failure to comply with reporting duty
- 9Paragraph 9
- Power to release short-term prisoners on licence
- 10Paragraph 10
- Early release: two or more sentences
- 11Paragraph 11
- Recall to prison of short-term prisoners
- 12Paragraph 12
- Release on licence following recall to prison
- 13Paragraph 13
- Release on licence following return to prison
- Remand time: two or more sentences
- 15Paragraph 15
- Schedule 10Repeals