Section 17 of the Crime & Disorder Act

Section 17 of the Crime & Disorder Act requires (by imposing a legal duty on) all local authorities, including joint authorities, police authorities, National Park authorities and the Broads Authority to consider crime and disorder implications while exercising their duties. It also places a duty on responsible authorities to all that they reasonably can to prevent crime & disorder in their area, subject to complying with any separate legal obligation imposed upon them.

“Without prejudice to any other obligation imposed on it, it shall be the duty of each authority to which this section applies 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 that it reasonably can to prevent, crime and disorder in its area.”

This duty will normally extend to any co-operating person or organisation, where they have agreed to co-operate in the exercise of the functions on behalf of a responsible authority. This should ideally be in the form of a written agreement and where the exchange of personal information is envisaged, a suitable information sharing protocol, clearly outlining compliance with common law and relevant statutory restrictions (such as the Data Protection Act 1998).

The Crime & Disorder Act 1998 does not allow for the blanket disclosure of personal information for crime & disorder purposes. It is a requirement of the Data Protection Act, that the minimum amount of personal information should be exchanged, where this is necessary to fulfil a specific objective, which requires it (for example, preparing an anti-social behaviour order). Non-personal or de-personalised information should be exchanged for general crime and disorder analysis. This should constitute the bulk of cross-departmental information sharing activity.

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