The Crime and Disorder Act 1998. The Crime and Disorder Act 1998 Section 115 provides a legal basis for sharing information where it is necessary for fulfilling the duties contained in the Act. The key conditions to consider under Section 115 are: • ‘relevant authorities’ have the power (but not a legal duty) to share information if it is necessary for the purposes of any provision under the Crime and Disorder Act. This would include where it is necessary for the formulation and implementation of the local Crime and Disorder Reduction Strategy.
The Crime and Disorder Act 1998. Any person may disclose information to a relevant authority under Section 115 of the Crime and Disorder Act 1998, ‘where disclosure is necessary or expedient for the purposes of the Act (reduction and prevention of crime and disorder)’. ‘Relevant authorities’, broadly, are the police, local authorities, health authorities (clinical commissioning groups) and local probation boards. “The term necessary imposes a strict requirement because the condition will not be met if the organisation can achieve the purpose by some other reasonable means”.
The Crime and Disorder Act 1998. Section 115 of the Crime and Disorder Act provides a power to exchange information between partners where the disclosure of information is necessary to support the local Community Safety Strategy or other provisions in the Crime and Disorder Act. This power does not effect other legal obligations and means that the Data Protection Act, Human Rights Act and Common Law Duty of Confidentiality must still be adhered to (See the Hounslow Community Safety Partnership Information Sharing Protocol Guidance for more information on crime and disorder). Section 2 of the Local Government Act 2000 empowers Local Authorities to do anything they think is likely to promote or improve the social well being of their area (provided it is not prohibited by other legislation). This power provides the basis for the sharing of information wherever that information is required to enable the Local Authority to promote the well-being of people living within the area, or reduce or eliminate risks to that well-being. In some ways the Children Act is similar to the Local Government Act 2000 because it gives Local Authorities the duty of safeguarding and promoting the welfare of children living within their area who are in need. Local Authorities, Housing, Health, PCTs and NHS Trust are encouraged to share information (under section 27 and 47 of the Act) so that they are able to identify when a child is at risk of significant harm. If there is a suspicion that a child may be suffering, or likely to suffer harm, the Act entitles enquires to be made to establish whether suspicious are well-founded.
The Crime and Disorder Act 1998. Section 115(a) of the Crime and Disorder Act 1998 confers a power on any person to disclose information to a relevant authority (which are the police, local authority, health authority and probation service or s115(b) to any other person acting on behalf of such authority, which is necessary or expedient to help implement the provisions of the Act, which include contributing to local strategies to reduce crime and disorder, seeking anti-social behaviour orders and consultation prior to seeking such orders. The University is not included as a relevant authority under the Crime and Disorder Act 1998 however the University has identified the following objectives to reduce crime and disorder: • To assist strategic and tactical planning to disrupt criminal activity • Improve profiling of crime and disorder activity to allow a more effective targeting of resources • Enhance inter-agency relationships • Monitor ASB incidents to reduce their potential impact on the local community. In order to support these objectives and to ensure that students are aware of the University’s position on such matters the University will: • Ensure that all students are aware that it works in partnership with the Force to achieve the objectives identified above. This will be achieved by a joint presentation by the University Security staff and the police during the students’ induction week. • Ensure that all students are aware that they will take appropriate disciplinary action against any student who is involved in or convicted of crime or disorder incidents.
The Crime and Disorder Act 1998. Section 115(a) of the Crime and Disorder Act 1998 confers a power on ‘any person’ to disclose information to a relevant authority (which are the Police, local authority, health authority and probation service or s115(b) to any other person acting on behalf of such authority), which is necessary or expedient to help implement the provisions of the Act, this includes contributing to local strategies to reduce crime and disorder, seeking anti-social behaviour orders and consultation prior to seeking such orders. The University of Leicester is not included as a relevant authority under the Crime and Disorder Act 1998 however the University of Leicester has identified the following objectives to reduce crime and disorder: To assist strategic and tactical planning to disrupt criminal activity Improve profiling of crime and disorder activity to allow a more effective targeting of resources Enhance inter-agency relationships Monitor ASB incidents to reduce their potential impact on the local community. In order to support these objectives and to ensure that students are aware of the University’s position on such matters the University will: Ensure that all students are aware that it works in partnership with the Police to achieve the objectives identified above. At its sole discretion, and where the University is aware of a need to do so, may consider taking any appropriate disciplinary action where necessary against any student who is involved in or convicted of crime or disorder incidents.
