Criminal Justice Bill

Tracey Crouch Excerpts

2nd reading
Tuesday 28th November 2023 Commons Chamber

[Tracey Crouch (Chatham and Aylesford) (Con)]

I am grateful to have the opportunity to speak about this very important Bill, and it is of course a pleasure to follow Scottish National party spokesman the hon. Member for Glasgow South West (Chris Stephens).

There are some very positive aspects to the Bill that are welcome. Tackling violence against women and girls, giving powers to law enforcement agencies to respond to technological change, and strengthening the law to protect the public from violence and intimidation are much-needed measures that will certainly reassure my constituents. There are communities across my constituency that have been the victims of appalling antisocial behaviour in recent years. The police and local councils are doing what they can to protect these communities with the application and implementation of community protection notices and then public spaces protection orders, but one challenge that the police have faced is that many of the perpetrators of antisocial behaviour are under 16. Lowering the age of a CPN to 10 will help the police in tackling antisocial behaviour and is much appreciated.

However, I am not comfortable with parts of this Bill—the last Criminal Justice Bill before the next election—and there are also things that are missing from it. I shall be as brief as possible. I apologise to those who have provided some excellent information, and I will probably do them a disservice as a consequence. I will also be blunt, as there is no other way of saying this, and I find myself being slightly firmer on this than the shadow Home Secretary, the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper): I did not work as a Minister and as a Back Bencher on the repeal of the Vagrancy Act, only to see rough sleeping criminalised again via a different piece of legislation.

I get that there is an issue with aggressive begging. We on the ministerial taskforce, which my right hon. Friend the Member for Witham (Priti Patel) was very much a part of, were always aware of that. There was always a view that other pieces of legislation, such as the existing antisocial behaviour legislation, could cope with aggressive begging being transferred in. At no point did we, either as a taskforce or as part of the Vagrancy Act repeal, hear evidence about aggressive rough sleeping.

Rough sleepers require holistic support. They often have extremely complex needs, including significant mental health needs. Visibility may be uncomfortable for many, but it also enables support workers from the many brilliant charities and local authorities to reach out to them. Issuing prevention notices does nothing to solve the problem, but pushes them further away from the solution. Sentencing them to prison creates nothing more than extra problems for the person and the creaking prison estate.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

What the hon. Lady is saying is incredibly powerful, and I wholeheartedly agree with her. Does she agree that one challenge we face is that we have a homelessness crisis? In my local area, our brilliant night shelters are already full, and the people working with the homeless would find it harder to help them if they had a criminal record. It would be counter-productive to the very good work we all know needs to happen to prevent homelessness so that it is one night only.

[Tracey Crouch]

I completely agree with the hon. Lady. People who find themselves sleeping rough on the streets are in a desperate situation, and the provisions in the Bill will do nothing to help them. Our local authorities, which often get a bad rap for the consequences of rough sleeping, have many officers doing brilliant work in trying to support rough sleepers. We need a holistic approach to tackling that issue. We do not need to criminalise them through these provisions, some of which, by the way, are laughable, respectfully. We have the idea that a prevention notice can be served to a rough sleeper at their last known address in writing. I am not entirely sure why that provision is even in there.

The point is that we need to be supporting people who are rough sleeping. I get that there is an issue with aggressive begging. In fact, various mayors across our metropolitan cities have said that, but rough sleeping does not need to be criminalised. We got rid of that as part of the Vagrancy Act repeal, which was supported by the Government. All we are doing is bringing that criminalisation in by the back door.

I will support the Bill on Second Reading because of the other measures, but I strongly urge the Government to remove the clauses on nuisance rough sleeping from the Bill. If not, I will certainly lend my name to amendments to remove those clauses from the Bill, on which I hope I would get cross-party support as a consequence. There are other ways of dealing with rough sleeping, rather than criminalising people.

The Bill also contains welcome measures to improve public confidence in policing after significant failings within forces to identify and investigate criminal behaviours. Those are welcome, given the shocking high-profile cases of recent years, but I suggest we reflect on how we protect good officers who do their job in challenging and fast-moving situations from prosecution. The Times on Saturday reported on the prosecution of PC Paul Fisher, who crashed en route to south London, where Sudesh Amman, a convicted terrorist, had stabbed two members of the public. The Metropolitan Police Commissioner Sir Mark Rowley said that it

“undermines the confidence of all officers using their powers to keep the public safe.”

He is spot on.

A constituent of mine—a frontline Metropolitan police dog handler—was sentenced today having been found guilty of actual bodily harm after apprehending a dangerous criminal, who was subsequently sentenced to 14 months in prison. At the time, he was hailed “brave” and a “hero”. A complaint made from prison was dismissed by every level of the internal standards process, and it was only when the prisoner appealed again that it ended up in court, with the shocking guilty verdict. My constituent’s 21 years of exemplary service are in tatters due to a system that actively works against frontline officers and instead advocates for passive policing. We do need to improve standards of policing across our forces, but, at the same time, we need to protect those officers who are doing their jobs.

I turn to issues that would be helpful inclusions in the Bill. This morning, the first part of the inquiry into the depraved acts of David Fuller in the mortuaries of the Maidstone and Tunbridge Wells NHS Trust was published. The families of the victims of Fuller are always at the front of our minds when we, the MPs whose constituencies are covered by the trust and where many of them live, are informed about the inquiry. We collectively agree that the Government, the NHS and the trust should accept and act on the recommendations of Sir Jonathan’s report without delay.

Fuller will rightly serve the rest of his life in prison for the heinous crimes he committed, but there are two additional aspects of his crimes that the Government must also act on. First, the woefully short maximum sentence of two years for anyone found guilty of the sexual assault of a dead body needs to be substantially increased to at least 10 years, as per Baroness Noakes’s amendment to the previous Police, Crime, Sentencing and Courts Bill. Secondly, the current legislation applies only to the sexual assault of a dead body that involves penetration. Given the sensitivity of this matter, and on this day when coincidently the inquiry published its report and we are debating the Bill, I do not want to go into further details, but, in short, non-penetrative sexual assault of a dead body is not included under existing legislation, and that needs to be changed. I and my right hon. Friend the Member for Tunbridge Wells (Greg Clark), who is currently abroad on Government business, will table an amendment to the Bill to that end. I truly hope that we will never see such depravity again, but in memory of those who were victims of Fuller’s crimes, we must ensure that the offence covers all acts of assault and that sentences are increased significantly.

I turn to an entirely different point. I am surprised not to see in the Bill a specific offence of tailgating at football matches. The House will have seen Baroness Casey’s report following the violence at the Euro 2020 finals. Tailgating causes significant operational, safety and security problems for major events at Wembley stadium as well as other football matches across the country—I witnessed that as I experienced the surge of those illegally attempting entry to Wembley as I queued to get into the final. I understand that the Home Office agrees with the recommendation for a specific offence and that King’s counsel has recommended to the FA that that can be done through either an update to the Football (Offences) Act 1991 via statutory instrument, or adding it to the Bill. Given that the Bill is in front of us, it feels like a missed opportunity not to include that offence in it, so I will happily table an amendment to ensure that it is in place long before we host Euro 2028.

Finally, there is one other point that I was surprised not to see in the Bill. There are many reasons for us to be disappointed that the Government dropped the kept animals Bill, but one particular reason, which is relevant to this Bill, is that it would have introduced a specific pet abduction offence. Given that there is no debate about the harm and impact of pet theft, I was surprised not to see the offence included in this already wide-ranging bill. There has been an increase in pet theft, and the Government’s pet theft taskforce believes that pet owners should not live in fear of this cruel crime. Since this was in our manifesto, I hope the Government will either table an amendment or support a Back Benchers’ amendment that creates a stand-alone offence and bring reassurance to the millions of pet owners across the country.

I appreciate that I have raised a varied list of points, and that others wish to speak and I am running out of time. In summary, this is an important Bill—our last Criminal Justice Bill before the election. There are things in it that we need to do. There are things in it that we do not need to do. There are still things that we need to put into it. Fortunately, we have an excellent ministerial team responsible for the Bill. I look forward to working with them as it progresses through Parliament.

[Mr Deputy Speaker (Mr Nigel Evans)]

I call the Chair of the Home Affairs Committee.

--- Later in debate ---

[Dame Maria Miller (Basingstoke) (Con)]

It is a great pleasure to follow the right hon. Member for Kingston upon Hull North (Dame Diana Johnson). She knows that I very much agree with the sentiment that she has just expressed around the criminalisation of women who are in one of the most difficult situations. In years gone by, people who took their own lives were subject to the criminal law. We have seen the error of our ways and changed the law on that, and I hope that we will on this too.

There are many good things in this Bill, and we have heard from the Home Secretary that there are more good things to follow, particularly the legal duty to report child sexual abuse and the prohibiting of sex offenders from changing their names. The hon. Member for Rotherham (Sarah Champion) has had a great deal to do with those measures and she certainly has my fulsome thanks for all the work she has done on them. These are important changes, and the fact that the Government have listened demonstrates not only the strength of her arguments but the strength of our ministerial team.

There is nothing more corrosive than the fear of crime, and we therefore have to be careful in how we use language to frame this debate. At the beginning of today’s debate, there were way too many statistics being bandied around for my liking, so I am going to start my comments with one fact. I was going to quote Mark Twain, but I am not sure that the word “lie” is acceptable parliamentary language, so I will not talk about lies and statistics; I will just talk about facts.

One of the most important facts, and one that will help to stop an unnecessary fear of crime, is that this Government have put in place 20,000 more police officers. We now have over 149,000 police officers in England and Wales and the fact is that that is the highest number on record. That is unequivocal. I would like to pay tribute to my local constabulary, Hampshire police, and particularly to my police and crime commissioner, Donna Jones, because they have gone above and beyond what the Government asked for, which was around 500 new officers in Hampshire. More than 600 new officers have been recruited to Hampshire. Those are facts, not statistics, so hopefully we can all agree on them.

It is important that we do not use inflammatory language when it comes to crime, because people become unnecessarily concerned. I see that on the doorstep when people start talking about their fear of burglary, whereas the Home Secretary has rightly said that burglary rates have fallen dramatically. There are many other sorts of crime that we should be concerned about, so let us not make our residents concerned about things that have fallen dramatically.

As my right hon. Friend said, this Bill demonstrates the constantly changing shape of crime. People find new unacceptable ways to benefit from others, and we have to make sure they become illegal. Following some very high-profile cases, of which we are all aware, I very much welcome the introduction of a broader offence of encouraging or assisting serious self-harm. I also welcome the new aggravating factors that increase the seriousness of child sex offences where there is grooming, and of murder connected with the end of a relationship. There are important changes to be made.

There will be a duty on the College of Policing to issue a code of practice on ethical policing, which is particularly important for those of us who are proximate to the Met police—my constituency almost neighbours the Met.

There are powers for the courts to order the attendance of offenders at sentencing hearings, and to punish them if they do not attend—again, this follows some very high-profile cases. Obviously, refusing to attend a sentencing hearing can cause huge distress to families.

The Bill also has measures on knife crime. Basingstoke is a county-lines town, as we are a gateway to Hampshire. We have seen some horrific knife crimes involving young people, often from south London, and I am not surprised to see that knives account for more than 40% of homicides in the last year. The Government have introduced measures to increase the maximum penalty and to criminalise the intent to cause fear of violence, and these are all things that need to be better dealt with in law.

My hon. Friend the Member for Chatham and Aylesford (Tracey Crouch) spoke about the antisocial behaviour provisions, which will introduce new powers to lower the age limit of community protection notices to cover younger perpetrators aged 10 or above. It is sad that I recognise the measure’s importance, because my local police have talked to me about people under the age of 16 who are creating appalling nuisance and antisocial behaviour in my community. Extending community protection notices to that younger age group, and increasing the upper limit of fixed penalty notices, will help to give the police the tools they need to deal with the real crime in our community.

I will now comment on two particular elements of the Bill, before suggesting a couple more that the Minister may want to think about. Although I understand the comments of my hon. Friend the Member for Chatham and Aylesford, I think the measures on nuisance begging and rough sleeping will be more warmly received in my community than she suggests, because organised begging in our town centre, often by criminal gangs, and begging that causes a nuisance around shops and cash machines is a concern not only to residents but to retailers and business owners. It is important that we have measures in place to deal with these issues as robustly as possible, but—and this is an important but—they need to go hand in hand with effective measures to make sure we do not simply move the problem of rough sleeping either into our prisons or into other communities.

We ran a very effective programme in Basingstoke under the then Conservative administration that I hope the current independent administration will continue. It was started by then Councillor Terri Reid, who worked with Julian House, a well-known charity that, through its outreach work, supports rough sleepers into accommodation and into the help they need. If the Minister’s intention with this Bill is to marry together these provisions with effective support, I can see how it might work. This measure worked in my constituency because the money that was given by the Government to the upper tier authority was passported down to the lower tier one, and it could then work much closer to the community and to the problem, making sure that we have effective plans in place. The number of people now homeless in my community is extremely small indeed.

[Tracey Crouch]

I want to put on the record, for clarity, that the Bill contains separate provisions to deal with nuisance begging and with nuisance rough sleeping. Nuisance begging is absolutely an issue that blights communities, and people from across the House will agree that the provisions from clause 38 to clause 50 are definitely necessary—the question is whether that needs to be done in this Bill. Nuisance rough sleeping is addressed from clause 51 and it is entirely separate. The criminalisation of the rough sleepers is the issue here, not the nuisance begging, which is dealt with under entirely separate provisions.

[Dame Maria Miller]

Let me confirm that I was talking about rough sleeping. The antisocial behaviour action plan, which is cited in the explanatory notes, to provide the support that is needed is vague, and I hope that the Minister will reassure us that far more support will be given to local authorities if these measures come through, to make sure that they have effective provisions in place.

I will speed up, Mr Speaker. The provisions in the Bill on intimate image abuse relate directly to the Law Commission’s work in this area. Again, I pay tribute to it for bringing forward those provisions and to the Government for taking them up. They will start to complete the necessary legislation to protect individuals from intimate image abuse online. To have an intimate image published online without one’s consent is akin to rape and it is now being dealt with in the criminal law, for which the Government are to be applauded. I also thank Professor Clare McGlynn, at Durham University, who has done so much work in making sure that these provisions are as they should be.

There are a couple of issues where the Government might consider adding provisions into the Bill. I have already raised the first of those with the Home Secretary in my intervention: non-consensual intimate images not being removed online, even though they may have been part of a criminal case where somebody is now in jail. There are mechanisms for us to be able to remove these images, but it sounds as though some people are not removing them and that the law may need to be tightened further. Finally, the right hon. Member for Kingston upon Hull North has suggested that this Bill may be a place to decriminalise abortion for women. We will come later on, perhaps in the remaining stages, to whether this Bill is the right place to do that, when there is perhaps not sufficient time to go through all the details. If that were to be the case, I gently suggest that perhaps the Government will want to look again at my sentencing guidelines Bill so that we make sure we continue to take incremental steps to modernise the way women are treated in the law on abortion. We have had provisions on buffer zones and telemedicine, and sentencing could well be a way in which we could make sure that women are starting to be treated in the way they should be: as patients and not as criminals when it comes to abortion.

Criminal Justice Bill

Tracey Crouch Excerpts

Report stage
Wednesday 15th May 2024 Commons Chamber

[Laura Farris]

I will have to double-check that new clause, but I simply say that, with two exceptions, all the convention rights are qualified rights, which can be restricted in reasonable circumstances. I promise that I will check that and come back to the right hon. Gentleman in winding up the debate, if I may.

I was in the process of paying tribute to my hon. Friend the Member for Chatham and Aylesford and my right hon. Friend the Member for Tunbridge Wells (Greg Clark) for the outstanding representation that they have given to their constituents who were affected by David Fuller’s acts of depravity. That is reflected in new clause 62, which the Government support, on the offence of necrophilia.

It is perhaps a rare thing in 2024 that an offence can be identified that Parliament has not previously considered, but such was the extent of Fuller’s offending that we have had to do so. The Government are pleased to confirm that the Sexual Offences Act 2003 will be amended by the Bill to capture the sexual touching of a corpse with a new maximum sentence of seven years for penetrative offences and five years for non-penetrative acts.

[Dame Tracey Crouch (Chatham and Aylesford) (Con)]

I thank the Minister for her kind comments. My right hon. Friend the Member for Tunbridge Wells (Greg Clark) will try to catch the Deputy Speaker’s eye later to speak in more detail on this, but let me take this opportunity to pay tribute to the Minister for taking a lot of time to work through this amendment thoughtfully and correctly, to provide greater protection and give some comfort to the families of the victims of David Fuller that justice has been thought about. She has listened sensitively and carefully to the comments of our constituents.

[Laura Farris]

I thank my hon. Friend for her comments. They were truly appalling crimes, and I had the constituents of both my hon. Friends in mind when I thought about how to develop the law. We cannot change what happened in the past, but I hope we can send the clearest possible message in future.

I want to come to a couple of other matters, though I will not pre-empt what hon. Members might be inclined to say. First, I want to talk about new clause 9, on one-punch manslaughter. I pay special tribute to my hon. Friend, and my friend, the Member for Bishop Auckland (Dehenna Davison). This was not an ordinary campaign for her, but one born out of the deep tragedy of her childhood. I know that she will speak to the new clause, and I will respond in detail, but I hope she will not mind my saying that I think her dad would feel very proud of how she has conducted herself on this issue, and would be pleased with the changes that we are making.

I come to the amendments tabled by the hon. Member for Stockton North (Alex Cunningham) on prisoner transfer to overseas prisons. I want to set out the Government’s position in general, and in particular in relation to the transfer criteria. The Government agree that not all prisoners will be appropriate for transfer to rented prisons overseas—indeed, the hon. Member has set out some very sensible principles in his own amendment. I would like to give him three points of reassurance. The proposal for foreign prisoner transfer will extend to approximately 600 prisoners—equivalent to just under half of 1% of the entire prison estate. I can confirm that we will not negotiate a prison transfer agreement with a women’s prison.

We will conclude a deal only with a country that can demonstrate that its prison conditions and capabilities meet the applicable human rights standards. The Secretary of State retains responsibility for each prisoner, which ensures that any transferred prisoner retains all their rights under the European convention on human rights, irrespective of where they may be transferred. However, we believe that legislation is the best place for negotiating further terms, with the appropriate involvement of experts. The Lord Chancellor has already confirmed that the use of these powers requires a valid international agreement, and any such agreement would be put before Parliament as a treaty, subject to ratification procedures contained in the Constitutional Reform and Governance Act 2010.

--- Later in debate ---

[Greg Clark]

I am grateful to the Government for signing new clause 62 which I and my hon. Friend the Member for Chatham and Aylesford (Dame Tracey Crouch) first tabled. We are both grateful to our hon. Friend the Member for South Basildon and East Thurrock (Stephen Metcalfe) who moved a similar amendment in Committee.

This is distressing subject matter for an amendment to a Bill, and we regret having to bring it to the attention of the House. It relates to a criminal trial in 2021, when David Fuller, as the Minister mentioned, was convicted of the murder of two young women in Tunbridge Wells—Wendy Knell and Caroline Pierce—in the 1980s. That recent conviction followed a forensic lead that eventually led to his identification. In the course of the police’s gathering of evidence for his murder conviction, for which he received a whole-life tariff, video recordings that Fuller made of himself were found. For context, Fuller was an electrician whose employment by the Maidstone and Tunbridge Wells NHS Trust gave him access to hospital mortuaries, in which he filmed himself sexually assaulting the dead bodies of women and girls. There were over 100 female victims of such abuse in the film discovered in his possession. They ranged in age from nine to 100.

Some of Fuller’s convictions were for the offence of sexually penetrating dead bodies, which under the current law carries a maximum sentence of only two years in prison. As I say, it so happens that he received a whole-life tariff for two particularly abhorrent murders for which he was convicted, but had that not been the case, the maximum sentence available would have been two years for each offence. The evidence gathered by the police showed that Fuller also seriously sexually assaulted victims in non-penetrative ways. I will not go into detail, but I can tell the House that those crimes were extensive and grave.

Given that 100 victims were identifiable, more than 33 Members of this House, spreading right across the country, have in their constituencies the families of victims who are known to the police and to the NHS trust. All Fuller’s crimes are frankly unspeakable, but as well as the current sentencing limit being absurdly inadequate to deal with, in effect, the rape of dead bodies, the law does not cover any form of sexual assault that is non-penetrative. In her opening speech, the Minister referred to its being unusual for the House to consider an area of criminal law that simply has not been addressed before. There is clearly a gap that I hope all Members will agree needs to be closed. That is what we aim to do with the new clause.

[Dame Tracey Crouch]

This is one of the most harrowing pieces of casework that I have been involved in during my 14 years in this House. My right hon. Friend will remember that the gap, as he has just referred to it, was identified to us by one of the police officers who was involved in the horrific task of going through the evidence, and who said that the case shook him to the core, as I am sure it would many people. Will my right hon. Friend join me in paying tribute to the police officers, and of course the civilians who support them in going through the evidence at a forensic level, which I am sure many of us could not compute, and certainly could not comprehend?

[Greg Clark]

I completely share my hon. Friend’s desire to pay tribute to the police officer who brought this gap in the law to our attention, to all his colleagues who had the painful duty of viewing the images, and more generally to the family liaison officers who had to support the 100 families of the victims, and indeed the staff of the Maidstone and Tunbridge Wells NHS Trust, who—knowing, in many cases, this individual—were devastated to discover what had gone on, completely unknown to them.

The new clause will make an important change to the law. It will increase the maximum sentence for the sexual penetration of a dead body from two years to seven years, and create a new offence of sexual activity with a corpse, which will carry a maximum sentence of five years to cover non-penetrative offences. Victims of Fuller were robbed of their lives and then their dignity, and the victims’ families have been robbed of adequate justice. The devastation of the families of Fuller’s victims has been heartbreaking, as my hon. Friend and other colleagues will know. They suffered the deaths of their daughters, sisters, nieces, aunts, wives, mothers and grandmothers. Then, having laid them to rest and grieved for their lost lives, hundreds received a knock on the door one night from the police, who had to tell them that the body of a person who was so precious to them had been desecrated in the most sickening ways by this vile individual, in a place—a hospital mortuary—that they thought was sacrosanct, safe and protected.