Crime and Disorder Act 1998
The Crime and Disorder Act 1998 (c.37) is
an Act of the Parliament of the United King-
dom. The act was published on 2 December
1997 and received Royal Assent in July 1998.
Its key areas were the introduction of Anti-
Social Behaviour Orders, Sex Offender
Orders, Parenting Orders, gave local author-
ities more responsibilities with regards to
strategies for reducing crime and disorder,
and the introduction law specific to ’racially
aggravated’ offences. It also abolished rebut-
table presumption that a child is doli incapax,
or the presumption that a child (a person un-
der fourteen) over ten years old is incapable
of committing an offence, and it abolished
the death penalty for treason and piracy.
Main Provisions of the
Anti-Social Behaviour Orders
See also: Anti-social Behaviour Act 2003
The Act introduced the civil remedy called
the ’Anti-Social Behaviour Order’ or ’ASBO’.
These orders are made against people who
have engaged in anti-social behaviour which
in the United Kingdom is defined as ’conduct
which caused or was likely to cause alarm,
harassment, or distress to one or more per-
sons not of the same household as him or
herself and where an ASBO is seen as neces-
sary to protect relevant persons from further
anti-social acts by the Defendant’.
In England and Wales, the orders are
made by the Magistrates Courts and in Scot-
land by the Sheriff Courts.
Sex Offender Orders
A Sex Offender Order is a similar concept to
the Anti-Social Behaviour Order with the key
difference being that it is specifically aimed
at those people in society that are deemed
"sex offenders". The Act allows a police of-
ficer to approach the Magistrates Court and
show that he has reasonable cause to believe
that there is a need for an order to be made
to protect the public from harm.
The conditions placed in such an order are
those that are needed to prevent harm to the
public. The order can be made for a minimum
of 5 years unless the court upholds a com-
plaint for the order to varied or discharged.