Crime and Disorder Act 1998. 4.6.1 Under Section 17 the Relevant Authority has the duty to consider crime and disorder implications and the need to do all that it reasonably can to prevent: • crime and disorder in its area (including anti-social and other behaviour adversely affecting the local environment); and • the misuse of drugs, alcohol and other substances in its area; and • re-offending in its area
4.6.2 Under Section 115(1) - Any person who would not have power to disclose information to a relevant authority or to a person acting on behalf of such an authority shall have power to do so in any case where the disclosure is necessary or expedient for the purposes of any provision of this Act.
Crime and Disorder Act 1998. A public authority must have some legal power entitling it to share the information. The Crime and Disorder Act 1998 recognises that key authorities, such as councils and the police, have a responsibility for the delivery of a wide range of services within the community. Section 17 places a duty on them to have due regard to the need to prevent crime and disorder in their area. Section 115 provides any person with the power, but not an obligation, to disclose information to relevant authorities (e.g. the police, health or local authorities) and their cooperating bodies where this is necessary or expedient for the purposes of any provision of the Act. Information sharing through this agreement is lawful under the Act as the objectives of this agreement contribute to these purposes.
Crime and Disorder Act 1998. Section 115 of the Crime and Disorder Act provides a legal basis for sharing information between CSP partner agencies where it is necessary for fulfilling the duties contained in the Act. The key conditions to consider under Section 115 are:
Crime and Disorder Act 1998. The Crime and Disorder Act 1998 introduced measures to reduce crime and disorder, including the introduction of local crime partnerships around local authority boundaries to formulate and implement strategies for reducing crime and disorder in the local area. Section 115: establishes a gateway (the power) to disclose information, which is central to the Act’s partnership approach. It must be remembered that this is a power and not a duty meaning you must still meet the requirements of the Human Rights Act, Common Law and the DPA (this gateway can be used to meet one condition in schedule 2, but you are still required to meet a condition in schedule 3 for sensitive personal information). The Police have an important and general power at common law to disclose information for the prevention, detection and reduction of crime. However, some other public bodies which collect information may not previously have had power to disclose it to the Police and others. This section therefore puts beyond doubt the power of any organisation to disclose information to Police authorities, local authorities, probation committees, health authorities, or to persons acting on their behalf, so long as such disclosure is necessary or expedient for the purposes of this Act. These bodies also have the power to use this information. It is to be noted that there is no requirement to exchange information, merely permission to do so. The purposes of the Act broadly cover the prevention and reduction of crime and the identification or apprehension of offenders.
Crime and Disorder Act 1998. Not Applicable As joint commissioning of care home placements and pooled budgets is a statutory requirement, senior officers across all 5 local authorities in the region and the Xxxxxxx Xxxxx University Health Board (ABUHB) have been part of this process, and so has the regional provider forum (spanning a wide range of care providers) and the regional citizen panel. In addition to the above, a focus group of care home providers that represent the care home sector has been established. This group has supported this process and has co-produced the development of the regional contract. This is a significant development and sets the ‘direction of travel’ for joint working in the region, not only between commissioning partners, but also between commissioners and operators. It is envisaged that partners build on this to develop a market that is both flexible enough to meet fluctuating need and is sustainable for the longer term. All parties acknowledge that providing a consistent process in relation to information, assessment and citizen choice has to be at the centre of joint commissioning and pooled budget arrangements. This will benefit our most vulnerable citizens.
Crime and Disorder Act 1998. The Contractor is requested to assist the Council in the provision of the Service, in order to enable the Council to comply with this obligation at no additional expense to the Council.
Crime and Disorder Act 1998. The Crime & Disorder Act 1998 is the primary legislative tool, common to all crime reduction protocols. • Children Act 1989 & 2004 -The Acts stipulate requirements to safeguard and promote children's welfare, along with agencies working together. • Working Together to Safeguard Children 2018 - statutory guidance setting out what organisations and agencies that have functions relating to children, must and should do to safeguard and promote the welfare of all children under the age of 18 in England. This agreement has been formulated to provide guidance and support around the exchange of information between parties for the purposes set out above. All parties need to recognise any information shared must be justified, proportional and necessary, and appropriate; however, the need to process data fairly should not lead to fears around sharing information to safeguard, protect and reduce crime, disorder and fear.
Crime and Disorder Act 1998. The Crime and Disorder Act 1998 introduced measures to reduce crime and disorder, including the introduction of local crime partnerships around local authority boundaries to formulate and implement strategies for reducing crime and disorder in the local area.
Crime and Disorder Act 1998. The Crime and Disorder Act 1998 introduces measures to reduce crime and disorder, including the introduction of local crime and disorder partnerships around local authority boundaries to formulate and implement strategies for reducing crime and disorder in the local area. Section 17A of the 1998 Act provides that Relevant Authorities are under a duty to disclose to all other Relevant Authorities any information held by the authority which is of a prescribed description which is relevant to the reduction of crime and disorder, including anti-social behaviour, in any area of England and Wales. Section 115 of the Act provides that any person has the power to lawfully disclose information to ‘Relevant Authorities’ (the police, local authorities, probation service or health authorities) or persons acting on their behalf where they do not otherwise have the power, but only where it is necessary and expedient for the purpose of the Act. However, whilst all agencies have the power to disclose, section 115 does not impose a requirement on the Relevant Authorities to disclose information. It should also be noted that section 115 does not exempt the disclosing party from complying with the second Data Protection Principle when disclosing personal data. Co-operating Bodies, as defined in section 5(2) of the 1998 Act have a duty to co-operate with the Responsible Authorities in respect of the formulation and implementation of the Safer City Partnership.
Crime and Disorder Act 1998. The Crime and Disorder Act introduces measures to reduce crime and disorder. Specifically, Section 115 of the Act provides a power, but not an obligation, for information sharing between ‘responsible’ public bodies and with ‘co-operating’ bodies participating in the formation and implementation of the local crime and disorder strategy to pursue specific objectives as defined in this Agreement. This power must be exercised in accordance with any other relevant legislation, including the Human Rights Act 1998, the UK GDPR and the Data Protection Act 2018. The responsibility for any disclosure will remain with the agency that holds the data. Where it is necessary for the purpose of preventing and detecting crime or the apprehension or prosecution of offenders, personal data may be shared in circumstances where the non-disclosure of information would be likely to prejudice that purpose. For further Gateways, exemptions and explicit powers See Channel Supporting individuals vulnerable to recruitment by violent extremism Annex A Sharing information with partners – Gateways, exemptions and explicit powers.
