Legislation
Crime and Disorder Act 1998, Section 17
2. THE LEGISLATION
2.1 Section 17 states:
"Without prejudice to any other obligations imposed upon it, it shall be the duty of each authority to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all it reasonably can to prevent crime and disorder in its area."
2.2 "Without prejudice to any other obligation imposed upon it," means that section 17 consideration does not overrule any other statutory obligation on the relevant authority. For example, the Fire Precautions Act 1971 places a duty to protect life and limb and that statutory obligation would take priority in the decision regarding the positioning of the means of escape in say a department store. It would however serve to highlight how best consideration should be given in the planning process to maximising the protection of the individual and minimising the potential for crime such as a potential escape route for shoplifters.
2.3 "...it shall be the duty of each authority to exercise its various functions with due regard to the likely effect of the exercise of those functions on..." means that all relevant authorities in provision of their daily functions and services must consider the impact they will have on crime and disorder. The aim is to anticipate the likely consequences on crime of decisions and look to ensure that any negative impact is avoided and positive outcomes promoted. Successful outcomes may best be achieved in discussion with other agencies and this part of the Section looks to promote not only mainstreaming crime and disorder within organisations individually but by the key stakeholders adopting a cross-cutting approach.
2.4 "...and the need to do all it reasonably can to prevent crime and disorder in its area" means that authorities must have taken reasonable and, under the Human Rights Act, proportionate action to have due regard to crime and disorder reduction in all their areas of work. Defining "reasonable" and "proportionate" is a matter for the courts and attention should not be drawn from the focus of preventing crime and disorder and improving the quality of life for the community.
2.5 Fulfilling the statutory roles set out in sections 5 and 6 of the 1998 Act, as amended by the Police Reform Act 2002, in the work of Crime and Disorder Reduction Partnerships would not in itself constitute compliance with section 17. Section 17 requires authorities to be able to show that their administrative and decision-making processes provide for both consideration and action to tackle crime and disorder in delivery of their services. Authorities should ensure that departments within their organisation can show that crime and disorder issues have been fully considered in their strategic and implementation processes.
2.6 Section 17 applies to a local authority (as defined by the Local Government Act 1972); a joint authority; a National Park authority; and the Broads Authority, police authorities and fire authorities. From 2007, the duty was extended to the Greater London Authority, Transport for London and the London Development Agency following amendment of the Crime and Disorder Act 1998 through the Police and Justice Act 2006.
Last update: Friday, January 09, 2009