The Crime and Disorder Act 1998 Sections 37 and 39(5)



Part, Section or Article

Sections 37 and 39(5)

Partners Involved in Information Sharing

Local Authorities with a responsibility for Children
Police and Probation Authorities
Youth Justice Teams
Local Health Authorities
Educational Bodies

Application and Explanation of Use as a Legal Gateway

Section 37 sets out the responsibilities of the youth justice system to prevent offending by children and young people and requires everyone carrying out youth justice functions to have regard to that aim. The Youth Justice Team has a statutory duty to coordinate the provision of youth justice services including advising courts, supervising community interventions and sentences, working with secure establishments in respect of young people serving custodial sentences and also in the latter category of a children’s service.

The membership of the Youth Justice Boards must include the following (Section 39(5))

  • At least one probation officer.
  • At least one police officer.
  • At least one person nominated by a health authority.
  • At least one person with experience in education.
  • At least one person with experience of social work in relation to children.

The multi-agency approach necessitates information sharing in order to safeguard and promote the welfare of children in their constituent agency.

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