Police, Crime, Sentencing and Courts Bill (Fifteenth sitting)

(Limited Text - Ministerial Extracts only)

Committee stage
Thursday 17th June 2021 Public Bill Committees

[The Chair]

Good morning. Before we begin, let me remind you of the preliminaries. I remind Members to switch electronic devices to silent; that Mr Speaker does not permit food or drink during the Committee; to observe social distancing and only sit in the appropriate seats; and to wear face coverings in Committee unless you are speaking, obviously, or are exempt. If you could pass any speaking notes to Hansard, they would be very grateful.

The selection list for today’s sitting is available in the room. I remind Members wishing to press a grouped amendment or a new clause to a Division to indicate their intention when speaking to their amendment.

[The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)]

On a point of order, Mr McCabe. Colleagues will recall that I made the point on Tuesday that the cliff edge for an extended determinate sentence, referred to by the hon. Member for Stockton North, can occur where an EDS prisoner is recalled and then serves the remainder of their custodial sentence and licence period in prison. I am sure Committee members knew that, but for absolute clarity I thought I would put it on the record.

[The Chair]

Thank you; that is very helpful.

Clause 139

Serious violence reduction orders

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[The Parliamentary Under-Secretary of State for the Home Department (Victoria Atkins)]

It is a pleasure, again, to serve under your chairmanship, Mr McCabe.

Before I respond to the amendments and observations of the hon. Member for Croydon Central, I wonder whether it might assist the Committee for me to set out why we are introducing the orders. I understand very much the points that she has made on behalf of organisations and others. I think it would help to set the orders in the context of the thinking behind their introduction.

We know that there is a serious problem with knife crime in many parts of our country. That is why over the past two years we have committed more than £176.5 million through a serious violence fund to address the drivers of serious violence locally, and to bolster the police response to it in those areas. That includes £70 million to support violence reduction units in the 18 areas of the country that are most affected by serious violence. That has been calculated through a variety of datasets, including admissions to hospitals for injuries caused by knives or bladed articles. There has been a great deal of thinking about how we target those parts of the country that have greatest experiences of knife crime and serious violence. We have also committed a further £130 million to tackle serious violence and homicide in the current financial year.

There is much more to do, however. Every time a person carries a blade or weapon, they risk ruining their own lives and other people’s lives, so we must do our utmost to send a clear message that if people are vulnerable and want to move away from crime, we will support them.

[Mrs Heather Wheeler (South Derbyshire) (Con)]

Unfortunately, in the last few days in South Derbyshire, a young lad has been murdered with a knife, and another young lad has been severely injured in a revenge attack melee. This legislation is incredibly important. My message to all parents in South Derbyshire is, “Please talk to your children about not carrying a knife.” This legislation will make a major impact, and I thank my hon. Friend the Minister for bringing it forward.

[Victoria Atkins]

I am extremely grateful to my hon. Friend. May I say how sorry I am to hear of the experience in her constituency? It serves to highlight that knife crime does not just happen in great big cities, but can happen in picture-perfect rural areas as well. When I come to the pilots, I will explain why the four pilot areas have been chosen. We want to ensure that the orders work across the country, helping different types of communities and residential areas to safeguard people’s lives.

We as a Committee are concentrating on these clauses, but under the serious violence duty that we have already debated, local areas must, as a matter of law, get around a table and address the serious violence issues in their area. I very much want these orders to be seen in the context of the whole package of measures that the Government and the police are using to tackle serious violence. I very much hope that that duty will help in my hon. Friend’s area.

[Mrs Wheeler]

I apologise for asking the Minister to reply again. May I also put on the record how grateful I am for the superb work that Derbyshire police have undertaken on this case? They really have wrapped it up very quickly, and I want to ensure that—

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[Mrs Wheeler]

I was not going to.

[Victoria Atkins]

Again, I am very happy to thank not just my hon. Friend’s local police force, but police forces across the country for all the work that they do day in, day out to keep our constituents safe.

[Allan Dorans]

Does the Minister acknowledge the success of the Scottish violence reduction unit that was established in 2005? It has reduced the number of homicides from 135 in that year to 64 last year. It works on the principle that violence is preventable, not inevitable, and that the best approach is multi-agency working and partnership. The detail contained in the Bill will set up such committees across the country.

[Victoria Atkins]

Very much so. I am shameless in plagiarising good ideas to protect people across the country. We have worked very closely with the Scottish authorities to learn from them, and from their work in Glasgow in particular, how they have brought down violent crime in Glasgow. The hon. Gentleman rightly identifies that the serious violence duty very much builds on that work, so that we require every single local authority area to look very carefully at what is happening and at how they can identify and address those problems.

[Hywel Williams]

Will the Minister give way?

[Victoria Atkins]

I will but then I must make a little progress.

[Hywel Williams]

Will the Minister address the points that I raised with the Opposition Front Bench about pilots being held in Wales? Was any consideration given to holding pilots in Wales in the light of the distinct situation there?

[Victoria Atkins]

If I may, I will keep that point back for a little later, but I will develop it. I promise the hon. Gentleman that every single constabulary area was considered carefully and we arrived at the result in a data-driven way. I hope to answer that point in due course.

We know that the police see stop-and-search as a vital tool to crack down on violent crime and we have already made it easier for forces to use existing powers, but too many criminals who carry knives and weapons go on to offend time and again, and serious violence reduction orders are part of our work to help to end that cycle.

The orders will give the police powers to take a more proactive approach and make it easier to target those already convicted of offences involving knifes and offensive weapons, giving the police the automatic right to search those offenders. SVROs are intended to tackle prolific, high-risk offenders, by making it easier for the police to search them for weapons.

SVROs are also intended to help protect vulnerable first-time offenders from being drawn into further exploitation by criminal gangs, by acting as a deterrent to any further weapon carrying and providing a credible reason for those young people to resist pressure to carry weapons.

[Sarah Champion]

I am interested in the point the Minister is making about first-time offenders. A lot of children and young adults carry knives because they are scared and because they are aware of the crime going on in their area and they want to protect themselves—they feel vulnerable without a knife. What guidance will be in place for police officers to make the distinction?

[Victoria Atkins]

First and foremost, this will be piloted and there will be lessons learned during the careful piloting of the orders. Also, the orders are only available to convicted knife carriers above the age of 18.

I compare and contrast with knife crime prevention orders, which form part of the overall context of the orders. The hon. Member for Croydon Central will recall that KCPOs were introduced in the Offensive Weapons Act 2019 and are intended to be rehabilitative in nature. We have both positive and negative requirements that can be attached to them. They are available for people under the age of 18, from the age of 12 upwards. That is the difference between the two orders.

The hon. Member for Croydon Central asked me about the piloting of KCPOs. Sadly, because of the pressures of covid, we were not able to start the pilot when we had wanted to, but I am pleased to say that the Metropolitan police will start the pilot of KCPOs from 5 July. We will be able to gather the evidence from that type of order alongside the work on SVROs, which will obviously start a little later than July, given the Bill will not yet have Royal Assent. That will run alongside. It will run for about 14 months and we will be able to evaluate and see how the orders are working.

[Alex Cunningham]

I want to lay the same challenge to the Minister as I did to the Under-Secretary of State for the Home Department, the hon. Member for Croydon South. The Minister talks about the fear of young people, feeling they must carry knives and being pressured into carrying knives. Does she accept that much more needs to be done to deal with the organised criminal gangs—indeed, organised crime as a whole—which drive young people to carry knives? The Government need to do so much more.

[Victoria Atkins]

The hon. Gentleman and I agree that the young people we are understandably focusing on in today’s debate are the victims of the criminal networks and the organised crime gangs that, for example, run county line networks across the country, in urban and rural areas. They are out and about selling drugs for these sinister, cruel organised crime gangs. The many ways in which children and young people are exploited by these gangs are well known to members of the Committee. Going along with what my hon. Friend the Member for South Derbyshire said earlier, we want to get the message out that it is not normal to carry a knife. There can be a feeling within certain parts of our communities that that is what everybody does. Actually, the overwhelming majority of people do not carry knives, but it is that fear or that worry that people need to carry a knife to protect themselves that we are trying to address.

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[Hywel Williams]

I certainly take the Minister’s point that these things are decided on objective measures. County lines extend into Wales from large conurbations in the midlands and from London. There is one specific point that might be captured were Wales included. It is a comparatively minor and specific point in that in the sentencing code in proposed new section 342A(9) it says that

“the court must in ordinary language explain to the offender”.

I draw the Minister’s attention to the point that in Wales “ordinary language” might mean in Welsh or English.

The Welsh Language Act 1967 says that Welsh and English should be treated on the basis of equality and more recent legislation establishes Welsh as an official language. That free choice of language is pretty subtle and not just a matter of law. Guidance should be given to court officers so that they understand how subtle that might be.

[Victoria Atkins]

The hon. Gentleman raises a good point. I remember visiting Welsh courts and feeling at a great disadvantage that I did not speak Welsh. He raises a serious point. I cannot give confirmation here and now, but I know that we will take that factor into account in due course once the evaluations have been conducted. He makes a fair point and he makes it well.

When Martin Hewitt from the National Police Chiefs’ Council gave evidence to the Committee, he welcomed the piloting of the orders and made the following point, of which we are all aware:

“There is no doubt that there are people who are more violent and have a history of violence, and we do a range of things to try to reduce the number of violent crimes. Our concern is to make sure that there is no disproportionality in the way these orders are used, so we are really keen to work very closely with the pilot site to assess how this can be another tool—and it is just one further tool—in dealing with street violence and violence among younger people.”––[Official Report, Police, Crime, Sentencing and Courts Public Bill Committee, 18 May 2021; c. 13, Q16.]

I thought Mr Hewitt put that extremely well. This is another tool that we want to put forward to help the police deal with violence on the streets around the country.

The pilot will also test the deterrence effect of SVROs. It will trial how we ensure that vulnerable offenders are directed to local intervention teams, test community responses to the orders and examine the potential impact on disproportionality, as well as building evidence on the outcomes for offenders who are subject to an SVRO.

On the point of deterrence, the available evidence suggests that a criminal conviction can prevent reoffending through the deterrent effect, particularly in changing behaviour in more vulnerable offenders, as it could equip them with a credible basis for resisting gang or other peer pressure to carry knives. A recent academic study has shown that individual searches can produce useful results, such as the discovery of contraband materials. It could also be effective if focused on prolific offenders. One of the many reasons for running pilots on the orders very carefully is to gather evidence on their deterrent effect before they are rolled out nationally. We also understand the importance of scrutiny and oversight and stress the importance of being completely transparent about how SVROs are being used, to reassure communities that the orders are being used appropriately. During the pilot, we will work with partners to address those challenges and ensure that the orders are used appropriately and effectively.

We expect all forces to allow stop-and-search records to be scrutinised by community representatives and to explain the use of their powers locally, as the statutory guidance requires them to do. At our request, the College of Policing has updated its stop-and-search guidance to include better examples of best practice for community engagement and scrutiny, and it is available now for all forces to follow.

As required by clause 140, we will lay before Parliament a report on the operation and outcome of the pilot. That brings me to amendment 98, which would prescribe in the Bill the matters to be addressed in the report on the outcome of the pilot. The amendment lists no fewer than 14 matters that would have to be addressed as part of the evaluation. I will deal with some of the specific points, but before doing so, I again wish to reassure the Committee that we want the SVRO pilots to be robust and their evaluation to be thorough. We are still in the early design phase, and although I may not agree with all 14 points listed in amendment 98, many have merit and I can assure Opposition Members that we will take them into consideration as we progress the design work and agree the terms of the evaluation. I will make the general point that it is not necessary to include such a list in the Bill. Indeed, the approach adopted in clause 140 is consistent with, for example, the piloting provisions in the Offensive Weapons Act 2019 in respect of knife crime prevention orders.

We are talking about those matters listed in amendment 98. As part of the pilot, we plan to evaluate the impact of the orders on black and ethnic minority people. When we considered police forces for the pilot, we took into account the demographics of each force, and it is a key reason why we are piloting SVROs in four forces rather than just one—to ensure that we capture sufficient data, including the ethnicity of those given an SVRO, to properly examine the impact on disproportionality. No one should be unfairly targeted by stop-and-search, and safeguards—including statutory codes of practice, use of body-worn video to increase accountability, and community scrutiny panels—already exist to ensure that that does not happen.

SVROs will be subject to the same scrutiny as current stop-and-search powers. As I said, we expect all forces to allow stop-and-search records, including those for SVROs, to be scrutinised by community representatives and to explain the use of their powers locally, as the current statutory guidance on police use of stop-and-search requires them to do. We are also exploring with the four pilot forces how they can make best use of body-worn video—that is absolutely critical, I think, in opening up transparency—and how they can use community scrutiny panels during the pilot.

What is more, during the Committee’s consideration we have contacted all the pilot areas to ask them what plans they have to contact and engage with local charities and people who work with young people to ensure that the community as a whole has an influence on how the pilots are rolled out, and all four forces have confirmed that they are already in contact with them, or are planning to be, ahead of the pilot. Again, I very much hope that that gives reassurance about the direction of travel that we expect from the four pilot forces, and indeed thereafter, when it comes to the use of these orders.

I understand that there are also concerns about mistaken identity and possible methods, such as using stop-and-account, to identify those who are subject to an SVRO. We very much expect police officers to take steps to confirm somebody’s identity on the street when exercising their powers and to be sure that the person they are stopping is in fact subject to an SVRO. It is also important to note that an officer would be acting unlawfully if they exercised the SVRO powers in relation to a person who is not subject to an SVRO. Again, as part of the pilot, we will monitor use to identify any disparities or concerns that may arise about cases of mistaken identity.

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[The Chair]

With this it will be convenient to discuss the following:

Clauses 142 and 143 stand part.

New clause 65—Registered sex offenders: change of name or identity—

“(1) The Secretary of State must commission a review of how registered sex offenders are able to change their name or other aspects of their identity without the knowledge of the police with the intention of subverting the purpose of their registration.

(2) The review must consult persons with expertise in this issue, including—

(a) representatives of police officers responsible for sex offender management,

(b) Her Majesty’s Passport Office, and

(c) the Driver and Vehicle Licensing Agency.

(3) The scope of the review must include consideration of resources necessary for the long-term management of the issue of registered sex offenders changing their names or other aspects of their identity.

(4) The review must make recommendations for the long-term management of the issue of registered sex offenders changing their names or other aspects of their identity.

(5) The Secretary of State must report the findings of this review to Parliament within 12 months of the day on which this Act is passed.”

This new clause would ensure that the Secretary of State must publish a review into how registered sex offenders are changing their names or other aspects of their identity and propose solutions for how the government aims to tackle this issue.

I remind the Committee that if the Whip is seeking to adjourn at 1 o’clock, he will not be able to interrupt a speaker, so if we are going to proceed with that, we will need whoever is speaking to finish just before 1 pm so the Whip can do what he might wish to do.

[Victoria Atkins]

I wonder whether it would be convenient for the hon. Member for Rotherham to speak?

[Sarah Champion]

It would be convenient—thank you. It is always a pleasure to serve under your chairship, Mr McCabe.

I found a very real problem that I did not know existed. I have spoken to a number of Ministers in the Home Office and the Ministry of Justice about it, and they all recognise that it is a real problem. I am seeking, through new clause 65, to get a review into how registered sex offenders are changing their names, and in doing so, are slipping under the radar with some absolutely devastating consequences.

Currently, all registered sex offenders are legally required to notify the police of any changes in their personal details, including names and addresses. Those notification requirements are incredibly weak, however, and place the onus entirely on the sex offender to report changes in their personal information. I would like to say that, by their very nature, sex offenders tend to be incredibly sneaky and used to subterfuge, so the likelihood of them actively notifying their police officer is quite slender.

At this point, I would like to mention the crucial work that has been carried out by those at the Safeguarding Alliance, who identified this issue four years ago and alerted me to it. They have an upcoming report, from which I will use just one case as an example. It is the case of a woman called Della Wright, the ambassador for the Safeguarding Alliance, who is a survivor of child sexual abuse. She has bravely chosen to speak out and to tell her story, which is symptomatic of that of so many other survivors who have been impacted by the serious safeguarding loophole.

When Della was between six and seven years old, a man came to live in her home and became one of her primary carers. He went on to commit the most heinous of crimes, and was free to sexually abuse Della at will. Years later, Della reported the abuse in 2007 and again in 2015. Then it quickly become apparent that the person in question was already known to the police. He had gone on to commit many further sexual offences against an undisclosed number of victims. During this time, Della was made aware that his name had changed. It has since been identified that he has changed his name at least five times, enabling him to relocate under the radar and evade justice. When Della’s case was finally brought to court, he was once again allowed to change his name, this time between being charged and appearing in court for the planned hearing. That slowed down the whole court process, adding additional stress to Della, and made a complete mockery, I may say, of the justice system.

While the loophole exists, Della’s abuser is free to change his name as often as he likes, including from prison.