Crime And Disorder Act 1998 Essay

There is little doubt amongst either scholars or academics that the Crime and Disorder Act 1998 was a radical, innovative and in some ways controversial piece of legislation which has undoubtedly changed the way that approaches to crime reduction and community safety in the UK are perceived (Moss, 2016). It would however be exceptionally relevant to conclude by mentioning some of the many problems that have been associated with the implementation of such legislation. It has been proven somewhat difficult for Crime and Disorder Reduction Partnerships to develop and implement the strategies that the Act required of them. For some this has resulted in a lack of focus about crime reduction strategies, whilst for others it has simply come down …show more content…
However, the limitations of the Criminal Justice System are vast and the resulting impact on victims of hate crimes can mean that their engagement with it as a person affected by the hate crime committed has potential to do more harm.
For example, this ‘weapon’, as outlined by the Commission, has its shortcomings. In cases brought under the 2003 Act, the judge is required to declare to the court that the sentence has been enhanced due to the hate element. However, it is rarely – if ever – recorded elsewhere, thus for researchers seeking to assess the prevalence and efficacy of this sentencing provision, little data are available for review. Speculation also abounds whether this provision is being under-used due to several factors such as the motivation or hostility element being difficult to prove; the current system of plea-bargaining making the ‘standard’ sentence look more favourable than the enhanced version; or the absence of a stigmatic labelling if the enhanced element is dropped in return for a guilty plea to the base offence. This latter point is important as to be an assailant is one thing, but a racist assailant quite