ABSTRACT
This chapter focuses on a recent trend that has changed the emphasis from legislating to create new crimes in order to keep ahead of the criminal, to legislating in order to facilitate a greater sharing of the responsibility to reduce crime. It will highlight how this has been achieved, whom it affects and how successful or otherwise this move has been. The radical and innovative nature of this trend will be discussed alongside the nature of its uptake and its implementation by the agencies it affects. Seven years on from the implementation of the legislation which initially brought this idea to us – the Crime and Disorder Act 1998 – this chapter will contend that both the understanding and uptake of this type of legislation as a tool for the reduction of crime have been patchy. The rhetoric is good; the reality is that it has not worked well thus far. Poor articulation and a lack of guidance upon implementation have contributed to this. The Home Office’s current undertaking to amend the legislation, which is of prime importance to this change in emphasis, will also be discussed.
