The Act also abolished rebuttable presumption that a child is doli incapax (the presumption that a person between ten and fourteen years of age is incapable of committing an offence) and formally abolished the death penalty for the last civilian offences carrying it, namely treason and piracy.
[1] However, this provision was removed by the House of Lords; it would eventually be enacted two years later by the Sexual Offences (Amendment) Act.
The Act allowed a police officer to approach the magistrates' court and show that they have reasonable cause to believe that there is a need for an order to be made to protect the public from harm.
Its aim is that parents must adhere to the conditions to stop their child from behaving similarly; failure to do so will lead to their conviction.
Section 29(1)(a) creates the distinct offence of racially or religiously aggravated wounding or infliction of bodily harm.
Section 29(1)(b) creates the distinct offence of racially or religiously aggravated assault occasioning actual bodily harm.
A person is guilty of this offence if he commits a common assault which is racially or religiously aggravated within the meaning of section 28.
Section 31(1)(a) creates the distinct offence of racially or religiously aggravated fear or provocation of violence.
Section 31(1)(b) creates the distinct offence of racially or religiously aggravated intentional harassment, alarm or distress.
Each Local Authority[3] in England and Wales was given the responsibility to formulate and implement a strategy to reduce crime and disorder in their area.
[5] Section 34 of the Act abolished the rebuttable presumption that a child (defined as a person under fourteen but over the age of ten) is incapable of committing an offence (doli incapax).
On 28 February 2007, the House of Lords ruled[7] that use of the expletive "bloody foreigner" amounted to racial abuse under the Act, and held that the legal definition of "racial group" went beyond colour, race or ethnic origin to include nationality, citizenship and national origin – even if they were not specified in the words used by the offender.