Tuesday 1st April 2025
(3 weeks, 1 day ago)
Public Bill CommitteesCrime and Policing Bill 2024-26 View all Crime and Policing Bill 2024-26 Debates Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 1 April 2025 - (1 Apr 2025)
The Committee divided: - Ayes: 4 / Noes: 11 - Question accordingly negatived.
The Committee divided: - Ayes: 4 / Noes: 12 - Question accordingly negatived.
The Committee divided: - Ayes: 4 / Noes: 12 - Question accordingly negatived.
The Committee divided: - Ayes: 4 / Noes: 12 - Question accordingly negatived.
The Committee divided: - Ayes: 4 / Noes: 12 - Question accordingly negatived.
Matt Vickers
I am on a mission: there will not be another infringement, Mr Pritchard.
Antisocial behaviour can devastate communities, causing distress and insecurity for residents. We cannot stand by and allow that to continue unchecked. Lowering the age to 16 would mean that we can address these issues sooner and ensure that young people receive the support and guidance—and, potentially, sanctions and deterrents—they need to change course.
Respect orders are not simply punitive measures. They come with conditions that promote rehabilitation, and provide access to education, counselling and the opportunity to turn things around. As the Minister will know, this is as much about deterrence as it is about enforcement. When young people know that there are consequences for their actions, they are less likely to engage in behaviour that harms others. By making the amendment, we would strengthen our communities, support young people and ensure that respect for others remains at the heart of society. During the evidence sessions, we heard the views of witnesses about the 16 to 18 age bracket, and I would welcome further explanation from Ministers on why 18 has been chosen as the minimum age.
The Minister for Policing, Fire and Crime Prevention (Dame Diana Johnson)
Good morning, Mr Pritchard; it is a pleasure to serve under you today.
The Bill will start to implement our safer streets mission alongside our commitment to the 13,000 additional police officers and police community support officers in our communities. Before I respond to amendment 31, it may assist the Committee if I say a little about why we are introducing respect orders. My doing so now may obviate the need for a separate debate on clause stand part.
I am grateful to the shadow Minister for setting out the history of successive Governments’ attempts to deal with antisocial behaviour. Tackling antisocial behaviour is a top priority for this Government and a key part of our safer streets mission. Last year, over a third of people experienced or witnessed some form of ASB, and there were 1 million police-recorded incidents. Existing powers in the Anti-social Behaviour, Crime and Policing Act 2014 do not always go far enough to tackle antisocial behaviour. That is why we committed in our manifesto to introduce the respect order to crack down on those making our neighbourhoods, town centres and communities feel unsafe and unwelcoming.
The respect order partially replaces the existing civil injunctions power for persons aged 18 or over. It enables civil courts to make respect orders on application from a relevant authority in respect of individuals who have engaged in ASB. Authorities that can apply include the police, local authorities and registered housing providers, among others. Respect orders will contain prohibitive conditions set by the court to stop offenders engaging in a particular behaviour. They can also include rehabilitative positive requirements, such as attending an anger management course, to help to tackle the root cause of offending.
I mentioned that the existing ASB powers do not always go far enough. Breach of a respect order, in contrast to the power it replaces, will be a criminal offence and therefore arrestable. That is not the case for the current civil injunction, which may include a power of arrest only in certain circumstances, where it is specified by the court or where there has been the use or threat of violence or significant risk of harm. I have heard from one local authority of a civil injunction that was breached over 100 times, with the police unable to take quick action to stop breaches because they had to reapply to the courts to arrest the offender. That is not acceptable and the respect order will fix it.
As a criminal offence, breach of a respect order will be heard in the criminal courts. This will allow judges to issue a wider range of sentences—including community orders, fines and up to two years’ imprisonment—than they can currently for civil injunctions. This is an important change. Community sentences enable judges to make ASB offenders repay, often visibly, their debt to their community.
I assure the Committee that there are safeguards in place to ensure that the orders are used appropriately. These are not unilateral powers for the police and local authorities; the terms of an order must be agreed by the courts. For a respect order to be issued, two tests must be met. First, the court must be satisfied on the balance of probabilities that the respondent has engaged in or threatened to engage in ASB. ASB is defined as
“conduct that has caused, or is likely to cause, harassment, alarm or distress”.
That is a well-established definition. Secondly, the court must be satisfied that issuing a respect order is just and convenient—again, an established test for the courts.
As a further safeguard, we are introducing a new requirement for relevant authorities to carry out a risk assessment checklist prior to applying for a respect order. This will help to ensure proportionate use. We will pilot respect orders to ensure that they are as effective as possible before rolling them out across England and Wales. More details on the pilots and their location will be provided in due course. New part A1 of the 2014 Act, inserted by clause 1, also makes provision for interim respect orders, for the variation and discharge of orders, and for special measures for witnesses in proceedings—for example, to enable them to give evidence from behind a screen.
Amendment 31 would reduce the age at which an offender can receive a respect order from 18 to 16, as the shadow Minister, the hon. Member for Stockton West, outlined. As I have indicated, the respect order is intended as a powerful deterrent for addressing the most harmful adult perpetrators of ASB. Unlike the equivalent current power—the civil injunction—breach of a respect order is a criminal offence with criminal sanctions, and the Government do not believe that it is right to criminalise children unnecessarily, which is why we committed in our manifesto to introduce respect orders for adults only. However, we know that in some cases tough measures, including behavioural orders, can be useful for dealing with younger offenders.
I absolutely agree with the shadow Minister that there should be consequences for the actions that cause distress and harm to local communities if they are committed by, for example, a 16-year-old. Stakeholders have told us that the current civil injunction can be a very useful tool for this cohort. It enables youth courts to impose behavioural requirements on younger offenders, but without resulting in criminalisation. That is why we have retained that element of the existing civil injunction and renamed it the youth injunction. This will enable youth courts to continue to make orders against younger offenders—aged 10, when criminal responsibility kicks in, to 18—where the court deems it necessary. I am content that this provision covers the need for powers to deal with youth ASB. On that basis, I invite the shadow Minister to withdraw the amendment.
Matt Vickers
I beg to move amendment 33, in clause 1, page 2, line 29, at end insert—
“(9) If a court makes a respect order against a person (P) more than once, then P is liable to a fine not exceeding level 3 on the standard scale.”
This amendment means that if a person gets more than one Respect Order, they are liable for a fine.
Matt Vickers
We need to give the justice system and agencies all the powers that they can have, because at the end of the day, it is their discretion that will determine which of these things are applied. If someone breaches an order more than once, and they are subject to several respect orders, which is what the amendment relates to, there should be a stepladder of consequences. We should give the agencies and the Ministry of Justice all the tools and powers that they can use to deter people from committing another offence or indeed being subject to yet another respect order.
This is a common-sense amendment. It gives our justice system the tools that it needs to enforce respect orders properly, protects communities from persistent offenders and upholds the principle that the law must be respected.
Dame Diana Johnson
Amendment 33 would make a person who has been given more than one respect order liable for a fine of up to £1,000. It is unlikely that a person would be given more than one respect order. An order may be given for a specified period of time or may state that it has effect until further notice. In practice, if changes are needed to a respect order after it has been approved, the applicant would return to court for the order to be varied if, for example, it was considered necessary to include additional requirements or prohibitions, or to extend the period for which a prohibition or requirement has effect. However, a person may be given a separate order where they have engaged in antisocial behaviour that meets the legal test for use of another ASB power—for example, a housing injunction or a criminal behaviour order. Respect orders are preventive orders. They seek to prevent further antisocial behaviour by helping to address the root causes of the person’s behaviour.
Harriet Cross
Respect orders are indeed meant to be preventive, and everyone on the Committee wants them to work, but part of prevention is deterrence. Knowing that it will hit them in their pocket if they get a respect order is a huge deterrent for people who otherwise, as the shadow Minister said, wear these things as a badge of honour. It is not that people will receive multiple respect orders at the same time; they may receive them sequentially. They may have had one in the past, but it has lapsed or they have served it—whatever word is used—and then, down the line, they get another one and then another. A fine would ensure that respect orders have a direct financial impact on them, to prevent them from getting into a cycle of receiving one after another.
Dame Diana Johnson
As my hon. Friend the Member for Southend West and Leigh pointed out, respect orders deter people from carrying on with their behaviour because a breach can lead to arrest, being brought before a criminal court and, potentially, imprisonment. My expectation is that, if there is a need to make changes to a respect order, the requirements will be changed and the prohibitions will be extended on the respect order that has already been issued, so I am not sure that I take the point about multiple respect orders. What we all want is that, when a respect order is issued, the individual will comply with it and no further steps are necessary by anybody because they will have stopped the antisocial behaviour and dealt with their underlying problems. Simply fining someone for receiving further orders would be a punitive measure and unlikely to help that individual change their behaviour.
Amendment 32 would increase the maximum prison term available for repeated breaches of respect orders to five years. Currently, the maximum sentence for breaching a respect order is up to two years’ imprisonment upon conviction in the Crown court. We believe that is the appropriate level of sanction, and it is in line with the current civil injunction that it replaces.
As I said, respect orders take a fundamentally preventive approach, and it is appropriate that the sentence reflects that. If the offender abides by the terms of the order, there will be no further sanctions. However, it is right that custodial sentences are still available for those who continue to cause havoc to our communities. Other powers, such as criminal behaviour orders, are available on conviction for any criminal offence in any criminal court, and they carry a longer sentence of up to five years’ imprisonment. In the light of that, I hope that the shadow Minister will be content to withdraw his amendment.
Matt Vickers
I thank the Minister for her response. As we know, a small number of people are responsible for the vast majority of crimes. It is right that we put these ladders in place for the communities out there who are frustrated because they do not think the system has consequences for the same young people who are offending again and again, and creating lots of havoc on our streets. We would like to press the amendment to a Division.
Question put, That the amendment be made.
Dame Diana Johnson
Amendment 30 would expand the legal definition of antisocial behaviour for respect orders, which is currently drafted as behaviour
“that has caused, or is likely to cause, harassment, alarm or distress to any person.”
The amendment seeks to include housing-related definitions of antisocial behaviour, including causing “nuisance or annoyance”, as in section 2 of the Anti-social Behaviour, Crime and Policing Act 2014. The test for nuisance and annoyance is a lower level of behaviour than that causing harassment, alarm or distress. That is appropriate in a housing context where a victim cannot easily escape from ASB that is occurring in the area where they live. We know that ASB can have devastating consequences in such situations, undermining the victim’s safety and security in their home. That is why we have retained the test for the new housing injunction in clause 2.
The respect order goes further than the civil injunction, as I have set out, in making a breach a criminal offence and enabling a wider range of sentencing options. It is appropriate that the legal test should be behaviour that is causing, or likely to cause, harassment, alarm or distress. It is also important to be mindful that the respect order sits alongside a suite of powers available to the police and local authorities to tackle ASB, which are designed to apply to the different scenarios and harm types that the amendment aims to capture. I hope I have assured the shadow Minister of our reasoning in setting the bar for a respect order at the level of harassment, alarm or distress, and that he will be content to withdraw his amendment.
Matt Vickers
I thank the Minister for her response, but I would like to press the amendment to a Division.
Question put, That the amendment be made.
Matt Vickers
I beg to move amendment 34, in clause 1, page 4, line 18, at end insert—
“D1 Power to move person down list for social housing
A respect order may have the effect of moving any application the respondent may have for social housing to the end of the waiting list.”
This amendment would mean that a person who receives a respect order would move to the bottom of the waiting list for social housing, if applicable.
Amendment 34 would mean that a person who receives a respect order would move to the bottom of the waiting list for social housing, if applicable. This is a crucial measure that can play an essential role in ensuring that the allocation of social housing is fair, responsible and aligned with the values of respect and community responsibility. The key benefit of the provision is that it provides an additional incentive for individuals to behave in a way that upholds community standards.
Matt Vickers
I do. At the moment there are huge challenges around housing. People who live in social housing want to live next to someone who treats them with the dignity and respect that they deserve. That is fair on the people who might be their neighbours and fair on the other people in that list. There is a list for a reason, and the people who misbehave should feel the consequences of doing so.
The Parliamentary Under-Secretary of State for the Home Department (Jess Phillips)
As a constituency Member of Parliament, the shadow Minister will have handled cases where people want their neighbours to move because of the neighbours’ antisocial behaviour. Would he be willing to tell his constituents that those neighbours cannot move because they are at the bottom of the list?
Matt Vickers
Well, I will give the Ministers the reasons for it. We are talking more broadly about the powers and sanctions given to help us to tackle antisocial people who create havoc on some estates and cause absolute uproar. No one wants such people to move in next to them. Does the Minister want the empty house next door to be occupied by someone who is committing antisocial behaviour and failing to comply with the responsibility of being a civilised member of society?
Matt Vickers
They are not going to jump the queue ahead of law-abiding citizens who do the right thing. That is what the queue is about, and there is a queue because there is not space.
Matt Vickers
We are saying that they will not get ahead of others. They will join the back of the queue; they will be put down the list. The people who behave, who are responsible, who are fair, and who play by the rules will carry on in their place while others are moved down the list for misbehaving.
Matt Vickers
My hon. Friend makes a very valid point. The fact that housing authorities are made a relevant authority by the Bill is really powerful. We should give all these agencies—the housing associations, the police and the justice system—all the tools, the carrots and the sticks, that they need to manage and induce the correct behaviour. This measure would do that.
Jess Phillips
How does the shadow Minister not see that, if my neighbour is an absolute nightmare who engages in antisocial behaviour, I would not report them or want them to get a respect order if I thought that would make it less likely that they could move? I would want them to move, so I would not want them to be at the bottom of the social housing waiting list.
Matt Vickers
We have some really good people working in housing authorities across the country who will use all the powers we give them in a meaningful, proportionate and sensible way to get the best possible outcomes for their tenants and communities. This power would be one string on that bow. As we have said, using it would not be mandatory; it would be an option available to them.
I am glad that the Government have said that housing authorities should be a relevant authority that should be able to bring forward orders, including respect orders. That is a really powerful thing, and we should give them all the powers they need and let them get on with the job that they are qualified to do—working hard to deliver for those communities.
Matt Vickers
As I have said, this is not a mandatory measure. It is something that housing authorities and local enforcement agencies would be able to use at their discretion, looking at all of the facts surrounding the case, to try to get the best possible outcome for communities and tenants, many of whom are suffering sleepless nights and are miserable in their own home as a result of the behaviour of some awful people. It is right that there are consequences for these people and that we empower the agencies to deal with them as they see fit.
Jess Phillips
Have any particular social housing providers or local authorities requested the amendment from the shadow Minister?
Matt Vickers
As yet, they have not—I do not know. The Minister is very good at these questions, is she not? She does not like the “name a business” questions, but I suppose we can play it both ways. The reality is that I speak to housing associations that are deeply frustrated about their lack of powers and ability to tackle some of these issues. We would give them and other agencies this power as an option; its use would not be mandatory or stipulated. It is a very sensible thing to do. We should support and empower the authorities and agencies in every way we can.
Jess Phillips
The shadow Minister is right; I am very good at those questions. He made a good point about how we need to trust the experts, and I wondered where this amendment had come from if the experts are not the ones calling for it. I have tabled a lot of Opposition amendments in my time, and I was usually working with a team of experts.
Matt Vickers
How many housing authorities did we invite to the evidence session?
Matt Vickers
We did not invite any to the evidence session. I think the amendment would be welcomed, but I am sure we will hear from the relevant agencies and authorities in due course.
Jess Phillips
When tabling amendments to Government Bills in opposition, I never relied only on evidence given in evidence sessions. I believe the shadow Minister has an email address where those people could have lobbied him—it happens to us all the time. Have any housing or antisocial behaviour experts got in touch with him and said this is an appropriate action?
Matt Vickers
I am sure they will be in touch and can ask them that question, but I think empowering these organisations in this way is really powerful and will really help them to deal with some of the horrific antisocial behaviour their tenants are subjected to.
Matt Vickers
I thank the hon. Member for his evidence.
The amendment is a crucial measure that could play an essential role in ensuring that the allocation of social housing is fair, responsible, and aligned with the values of respect and community responsibility. The key benefit is that it provides an additional incentive for individuals to behave in a way that upholds community standards. When someone is found to have caused disruption or engaged in antisocial behaviour that harms others, placing them at the bottom of the waiting list for social housing serves as a tangible consequence of their actions. It encourages personal responsibility and reinforces the idea that those who choose to respect the rules and the people around them should be rewarded, while those who engage in disruptive behaviour should face appropriate consequences.
Moreover, this approach supports the integrity of the social housing system. Social housing is in high demand, and it is vital that we prioritise those who are not only in need, but demonstrate a commitment to being good tenants and positive members of the community. By introducing this measure, we would ensure that social housing was allocated in a manner that rewards responsible behaviour, thus safeguarding the quality of life for everyone in the community. Importantly, it would allow local authorities to manage the housing waiting list in a way that aligns with the broader objectives of social housing policy, promoting both fairness and the values that underpin our society. It is a sensible, measured approach that encourages respect for others and the community as a whole.
Dame Diana Johnson
Well, Mr Pritchard, that was a lively exchange. Clearly the Under-Secretary of State for the Home Department, my hon. Friend the Member for Birmingham Yardley, has had her three Weetabix this morning.
We all recognise how devastating antisocial behaviour where you live can be, and I fully understand and appreciate the passion the debate on amendment 34 has prompted this morning. As the shadow Minister pointed out, amendment 34 would enable local authorities or housing providers to move a person who receives a respect order to the bottom of the waiting list for social housing. It is for local authorities to decide who should qualify for social housing. It might be helpful for hon. Members to know that many councils already consider antisocial behaviour or other criminal behaviour before allocating a social home. They may either decide that a person with a history of antisocial behaviour does not qualify to go on the housing register, or accept the person on to the register but award them lower priority.
I note what the Liberal Democrat spokesperson, the hon. Member for Sutton and Cheam, said about the effect that this amendment could have on other family members not associated with the antisocial behaviour. We need to consider the potential consequences of removing access to social housing. The respect order is intended to tackle the most harmful adult perpetrators of ASB, but also aims to prevent further ASB from occurring and help people to address the root causes of their behaviour. That is why respect orders may contain positive as well as prohibitive requirements.
Luke Taylor
To pick up the point on the root cause of antisocial behaviour, does the right hon. Lady agree that being in unsuitable housing, and then being trapped in unsuitable housing through a measure like this, may well make antisocial behaviour even worse, leading to further reactions and disruption within communities?
Dame Diana Johnson
The hon. Gentleman has made his point; I am not sure that I will respond to it. However, the point he made earlier about the need to ensure that innocent people are not caught up in this is one that I am willing to accept.
We do not want to create further issues for individuals who have respect orders by removing access to social housing entirely, which may increase the risk of reoffending and reduce the likelihood of rehabilitation. I hope that, as I have explained that there is already the power for local authorities to choose to take into account the antisocial behaviour or criminal records of potential tenants, the shadow Minister will be willing to withdraw the amendment.
Matt Vickers
I thank the Minister for her response. I am glad that we provoked a bit of passion and got people engaged in the debate. I would like to press the amendment to a vote.
Question put, That the amendment be made.
Dame Diana Johnson
As we have talked at length about the respect orders, I will not say anything further at this stage.
Matt Vickers
It is encouraging to see housing providers recognised as registered authorities in proposed new section B1 of the 2014 Act, particularly when it comes to addressing antisocial behaviour, which continues to plague many residents in housing communities. Registered housing providers, including housing associations and local authority landlords, serve as the backbone of the social housing sector, ensuring that tenants have access to safe, stable and well-managed homes. Their role extends beyond simply providing houses; they are legally and morally responsible for fostering strong, liveable communities where residents feel secure and supported. As designated authorities with specific legal powers, these providers are uniquely positioned to tackle antisocial behaviour head-on. This responsibility is crucial in preventing communities from becoming blighted by persistent nuisance and intimidation or criminal activity.
Rather than leaving tenants to endure these issues alone, or to rely solely on already overstretched police and council services, housing providers have the tools to intervene directly, whether through tenancy enforcement, mediation or legal action. By taking a proactive stance against antisocial behaviour, registered housing providers help maintain the quality of life for all residents, ensuring that social housing remains a place not just to live, but to thrive. Their ability to act swiftly and decisively is vital in upholding community standards and reinforcing the fundamental principle that everyone deserves to live in a safe and respectful environment.
Response times can still lag, and not all providers have the resources or the will to tackle complex cases effectively. Victims of persistent antisocial behaviour often face a daunting process: logging multiple complaints, gathering evidence and navigating bureaucracy. How will the Government ensure that all housing providers have the capacity to utilise these powers effectively?
The Environment Agency is listed as a relevant authority with the power to issue a respect order. Could the Minister clarify the specific role that the agency will play in enforcing these orders? Under what circumstances would the Environment Agency be expected to exercise this power, and what specific outcomes do the Government seek to achieve by including it? Could the Minister provide a concrete example of how the Environment Agency might use a respect order in practice? Proposed new section C1 of the 2014 Act sets out that the respect order
“may have the effect of excluding the respondent from the place where the respondent normally lives”
and that a condition the court considers is that
“the anti-social behaviour in which the respondent has engaged or threatens to engage consists of or includes the use or threatened use of violence against other persons, or…there is a significant risk of harm to other persons from the respondent.”
What implications could that have for respondents who have been issued with an order? Where will they live? What role will their local authority have in supporting them?
Matt Vickers
Recruiting 13,000 police officers sounds really good, but about a third of them will be special constables and about a third redeployed from other parts of the police force. When someone rings 999, because they want that emergency response service, they may wait even longer, because the response police officers will have been moved into neighbourhoods.
Matt Vickers
The Government are redeploying them, so they are taking them from somewhere. We would welcome any information about where the Government will or will not redeploy them from, but this is important. The Government cannot say 13,000 more are arriving, when it is about 3,000 more.
Joe Robertson
I think we will have to leave the debate about which Government have the solutions to another day, but I thank the hon. Gentleman for his intervention.
I repeat my point, which I do not think is controversial and would hope is accepted: the Labour party will have to pay extra attention to court backlogs when provisions such as this, which I support, are introduced.
Dame Diana Johnson
We have had a wide-ranging debate on clause 1, moving from the specifics of the respect order through to policing numbers. I am very proud that we will have 13,000 additional police officers and PCSOs by the end of this Parliament. I have to say that the idea that there was the largest prison-building scheme since the Victorian times under the previous Conservative Government is utter bunkum—they built 500 places. That is why we are in the position we are in at the moment. I know that the hon. Member for Isle of Wight East is a new Member, but those of us who have been in the House a little while remember what 14 years of Conservative government have delivered for this country. That is why this Government are determined to start to deal with some of the problems around antisocial behaviour, crime and the fact that we do not have enough prison places.
Getting back to clause 1 of this important Bill, I am pleased that there is acceptance across the House of the need for respect orders and a general welcoming of them. The shadow Minister asked some very detailed questions, which I will come to in a moment, but I want to comment on the speech made by my hon. Friend the Member for Hemel Hempstead. The horrific case in his constituency of a child who cannot go out to play and the stress that antisocial behaviour puts on the family is clearly totally unacceptable. That is why respect orders will play their part, along with the housing civil injunctions, in tackling some of these problems.
My hon. Friend the Member for Leigh and Atherton made an important point about individuals with addiction problems and how it is absolutely vital that respect orders deal with the requirements to get to grips with antisocial behaviour and whether an addiction issue is driving it. I was pleased that the hon. Member for Windsor talked about the antisocial behaviour that occurs even in some of the more prosperous areas of the country—he talked about Eton. My hon. Friend the Member for Southend West and Leigh made an important point about prevention, the work around youth hubs and the prevention partnerships that we will be introducing.
At the very start of the debate on the amendments, the shadow Minister asked whether respect orders would interfere with individuals’ work commitments. I can reassure him that it will be for the court, which is judicially independent, to set the conditions of a respect order. Courts are well practised in navigating types of circumstances, such as where a person works or lives, and we expect the courts to consider those issues when making respect orders. For example, a court is unlikely to prevent the respondent from entering a defined area if they need to access it to attend work.
The shadow Minister asked how the Environment Agency will use respect orders. The Environment Agency can play a role, particularly where an environmental ASB offence is committed, for example vandalism of local open spaces or parks, or things like that.
The shadow Minister was particularly concerned about without-notice applications for respect orders. We know that courts can issue without-notice respect orders when the matter is urgent—the shadow Minister referred to that. Courts are familiar with doing that and have done it for a very long time with civil injunctions.
The shadow Minister also asked about the burden of proof required for the courts to approve a respect order and how much police will work with communities to ensure that repeated reporting and gathering of evidence has the desired effect. The court must be satisfied that, on the balance of probabilities, the respondent has engaged in, or threatened to engage in, conduct that has or is likely to cause harassment, alarm or distress. The court must also be satisfied that it is just and convenient to grant the respect order for the purposes of preventing the respondent from engaging in antisocial behaviour. That is the same legal test as for the current injunction.
I was pleased that the shadow Minister welcomed the fact that housing bodies will be able to seek orders from the courts; I think that is welcome across the House. Police are just one of the number of agencies, including councils and housing authorities, that can apply for respect orders. It is expected that a multi-agency approach will be taken when applying for respect orders. We are also introducing mandatory checklists for the relevant agency to complete prior to applying for a respect order, to ensure proportionate use.
Dame Diana Johnson
I beg to move amendment 6, in clause 2, page 10, line 36, leave out
“Schedule 1 amends Part 1 of”
and insert
“Part 1 of Schedule 1 amends”.
This amendment is consequential on Amendment 24.
The Chair
With this it will be convenient to discuss the following:
Government amendments 7 and 8.
Clause stand part.
Government amendments 24 to 28.
Schedule 1.
Dame Diana Johnson
Clause 2 introduces schedule 1, which makes consequential amendments to part 1 of the 2014 Act to provide for youth and housing injunctions. The purpose of the amendments in this group is to retain the existing civil injunction for cases that will not be covered by the respect order, namely those of offenders under 18 and housing-related nuisance ASB. Although in some cases powers are needed to address the behaviour of younger offenders, the Government do not want to unnecessarily criminalise children, as I said previously. Practitioners have told us that the existing injunction can be a useful power for addressing persistent ASB committed by under-18s and so it will remain in place for that cohort, operating in the same way as the civil injunction, although it will be renamed the “youth injunction”.
Harriet Cross
For clarity, will the threshold at which a youth injunction is given be at the same sort of level as for a respect order, but with the age element added in, or will there be a different threshold for the level of antisocial behaviour, or the sort of disruption caused?
Dame Diana Johnson
We are retaining the existing provisions for civil injunctions. As I set out previously, the balance of probabilities, the test and the categorisation of the antisocial behaviour will all remain the same. We are just renaming it a “youth injunction” because we are focusing the respect order on the persistent antisocial behaviour of adults over 18. The youth injunction remains exactly as it is in law now.
I am conscious of the profound problems that housing-related nuisance ASB can cause, as we have heard again in this debate. The housing injunction therefore retains the lower legal threshold of
“conduct capable of causing nuisance or annoyance”
in a housing context—as previously discussed. Again, we heard from practitioners that the existing power is effective and proportionate for housing-related ASB, and the housing injunction therefore retains the effect of the current power in that context.
Government amendments 6 to 8 and 24 to 28 make further technical and consequential amendments to existing antisocial behaviour legislation as a result of the introduction of respect orders. In relation to the 2014 Act, that means ensuring that definitions of antisocial behaviour are captured accurately elsewhere, under the existing powers, to account for the new respect orders and injunctions in part 1 of the Act. Consequential amendments are also needed to the Housing Acts 1985 and 1988 so that the breach of a respect order, a youth injunction or a housing injunction continues to be a ground for possession under those Housing Acts, as is the case with the current civil injunction.
We know that taking possession of a property is an important tool for landlords to use to provide swift relief to victims when antisocial behaviour or criminality has already been proven by another court. It is therefore right to retain that tool with the new respect order. In addition, amendment 28 amends the Localism Act 2011 to ensure that landlords can refuse to surrender and grant tenancies on the basis that a tenant, or a person residing with the tenant, has been issued with a respect order.
Finally, amendment 28 also amends the Police Reform Act 2002 to ensure that constables in uniform can continue to require a person engaging in antisocial behaviour to give their name and address. I commend the provisions to the Committee.
Matt Vickers
Clause 2 amends the Anti-social Behaviour, Crime and Policing Act 2014 to provide for the granting of youth and housing injunctions; I thank the Minister for outlining that. Clause 2 will limit powers under section 1 of the 2014 Act so that injunctions can be granted only to individuals aged 10 to 17. Will the Minister confirm the rationale behind that age restriction?
The clause also introduces a new type of injunction for adults aged 18 and over, specifically aimed at preventing behaviour that causes nuisance or annoyance related to housing. It shifts the approach to tackling community-specific antisocial conduct, rather than broader public disorder. How do the Government justify treating adult antisocial behaviour differently depending on whether it is housing-related or not? Is the Minister concerned that limiting injunctions for housing-related issues to adults might create enforcement gaps? What mechanisms are in place to ensure that local authorities and housing providers have the necessary resources to enforce housing-related injunctions effectively? Realising that Ministers are keen to hear exactly who wants what measures in the Bill, can she name any housing associations who specifically asked for this measure?
Dame Diana Johnson
A number of the points that the shadow Minister has raised were discussed earlier. We have set out very clearly why we believe that the respect orders should only apply to adults, because we are talking about the most serious antisocial behaviour. We believe that children and young people up to the age of 18 should not be caught by a respect order because of the criminalisation attached—if it is breached, they can be immediately arrested and brought before the criminal courts. That is why we have retained what is working well with the civil injunctions and renamed them the youth injunction and the housing injunction. On the latter, again, we heard very passionate contributions about how antisocial behaviour where people live, next to their home, and caused by neighbours, can absolutely destroy people’s lives, causing stress, distress and mental health issues, as well as sometimes breaking up families. That is why the threshold for the housing injunction is lower than that for the respect order, but for the threshold we are using what is already on the statute books and I think it is right that it is at that lower level.
On the question about whether any social housing authority has supported the plans for housing injunctions, there is a genuine view in the sector that this is a positive step to enable them to deal with the antisocial behaviour that housing authorities often have to deal with. I am very conscious that the antisocial behaviour charity Resolve has much welcomed the work that has gone into the Bill on both the respect orders and the civil injunctions. Resolve would say that there is a general view that this is a positive way forward. The approach that seems sensible is using what works well now, and keeping that—as I have said, that is why the housing and youth injunctions are doing that and are adapting it—while bringing in this tougher response through the respect order, and getting that on the statute books to deal with people who persistently engage in antisocial behaviour, to try to get to the root cause of what they are doing. I hope that deals with the questions posed by the shadow Minister.
Amendment 6 agreed to.
Amendments made: 7, in clause 2, page 10, line 37, leave out “(injunctions)”.
This amendment is consequential on Amendment 6.
Amendment 8, in clause 2, page 11, line 2, at end insert—
“(1A) Part 2 of Schedule 1 contains consequential amendments of other Acts.”—(Dame Diana Johnson.)
This amendment is consequential on Amendment 28.
Clause 2, as amended, ordered to stand part of the Bill.
Schedule 1
Amendments of the Anti-social Behaviour, Crime and Policing Act 2014
Amendments made: 24, in schedule 1, page 148, line 4, leave out paragraph 1 and insert—
“Part 1
Amendments of the Anti-social Behaviour, Crime and Policing Act 2014
1 The Anti-social Behaviour, Crime and Policing Act 2014 is amended as set out in this Part.”
This amendment, which is consequential on Amendment 28, makes the existing text of Schedule 1 become Part 1 of that Schedule.
Amendment 25, in schedule 1, page 150, line 4, leave out from “for” to end of line 5 and insert
“‘section 1’ substitute ‘this Part’.”
This amendment ensures that the definition in section 2(1)(b) of the Anti-social Behaviour, Crime and Policing Act 2014, as amended by the Bill, applies to applications for youth injunctions as well as applications for housing injunctions.
Amendment 26, in schedule 1, page 152, line 37, at end insert—
“(za) in the words before paragraph (a), for ‘section 1’ substitute ‘this Part’;”.
This amendment ensures that the consultation requirement under section 14(3) of the Anti-social Behaviour, Crime and Policing Act 2014, as amended by the Bill, applies to applications to vary or discharge housing injunctions as well as youth injunctions.
Amendment 27, in schedule 1, page 153, line 33, at end insert—
“19A In section 101 (the community remedy document), in subsection (9), for the definition of ‘anti-social behaviour’ substitute—
‘“anti-social behaviour” means—
(a) conduct that has caused, or is likely to cause, harassment, alarm or distress to any person, or
(b) housing-related anti-social conduct as defined by section 2 (ignoring subsection (2) of that section);’.
19B (1) Section 102 (anti-social behaviour etc: out-of-court disposals) is amended as follows.
(2) In subsection (1), in paragraph (c), for ‘an injunction under section 1’ substitute ‘a respect order under section A1 or an injunction under Part 1’.
(3) In subsection (6), for the definition of ‘anti-social behaviour’ substitute—
‘“anti-social behaviour” means—
(a) conduct that has caused, or is likely to cause, harassment, alarm or distress to any person, or
(b) housing-related anti-social conduct, as defined by section 2 (ignoring subsection (2) of that section);’.”
This amendment inserts into Schedule 1 provision making amendments to the Anti-Social Behaviour, Crime and Policing Act 2014 that are consequential on the amendments made to that Act by clause 1 and by the other provisions of Schedule 1.
Amendment 28, in schedule 1, page 153, line 38, at end insert—
“Part 2
Consequential amendments of other Acts
Housing Act 1985
21 (1) Section 84A of the Housing Act 1985 (absolute ground for possession for anti-social behaviour) is amended as follows.
(2) In subsection (4)—
(a) for ‘section 1’ substitute ‘Part 1’;
(b) after ‘2014’ insert ‘or a respect order’.
(3) In subsection (9), for the definition of ‘relevant proceedings’, substitute—
‘“relevant proceedings” means—
(a) proceedings for an offence under section I1 of the Anti-social Behaviour, Crime and Policing Act 2014,
(b) proceedings under Schedule 2 to that Act, or
(c) proceedings for contempt of court;
“respect order” means an order under section A1 of the Anti-social Behaviour, Crime and Policing Act 2014;’.
22 In Schedule 3 to that Act (grounds for withholding consent to assignment by way of exchange), in Ground 2A, in the definition of ‘relevant order’, for ‘an injunction under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014’ substitute—
‘a respect order under section A1 of the Anti-social Behaviour, Crime and Policing Act 2014;
an injunction under Part 1 of that Act;’
Housing Act 1988
23 (1) In Part 1 of Schedule 2 to the Housing Act 1988 (grounds on which court must order possession of dwelling-houses let on assured tenancies), Ground 7A is amended as follows.
(2) In condition 2, in the words before paragraph (a)—
(a) for ‘section 1’ substitute ‘Part 1’;
(b) after ‘2014’ insert ‘or a respect order’.
(3) In the list of definitions for the purposes of Ground 7A, for the definition of ‘relevant proceedings’ substitute—
‘“relevant proceedings” means—
(a) proceedings for an offence under section I1 of the Anti-social Behaviour, Crime and Policing Act 2014,
(b) proceedings under Schedule 2 to that Act, or
(c) proceedings for contempt of court;
“respect order” means an order under section A1 of the Anti-social Behaviour, Crime and Policing Act 2014;’.
Police Reform Act 2002
24 In section 50 of the Police Reform Act 2002 (persons engaging in anti-social behaviour), for subsection (1A) substitute—
‘(1A) In subsection (1) “anti-social behaviour” means—
(a) conduct that has caused, or is likely to cause, harassment, alarm or distress to any person, or
(b) housing-related anti-social conduct, as defined by section 2 of the Anti-social Behaviour, Crime and Policing Act 2014 (ignoring subsection (2) of that section).’
Localism Act 2011
25 In Schedule 14 to the Localism Act 2011 (grounds on which landlord may refuse to surrender and grant tenancies under section 158), in paragraph 6(4), in the definition of ‘relevant order’—
(a) after paragraph (e) insert—
‘(ea) a respect order under section A1 of the Anti-social Behaviour, Crime and Policing Act 2014,’;
(b) in paragraph (f), for ‘section 1 of the Anti-social Behaviour, Crime and Policing Act 2014’ substitute ‘Part 1 of that Act’.”—(Dame Diana Johnson.)
This amendment inserts into Schedule 1 a new Part 2 containing amendments of Acts other than the Anti-social Behaviour, Crime and Policing Act 2014 in consequence of the amendments made to that Act by clause 1 and by the other provisions of Schedule 1 (which would by virtue of Amendment 24 become Part 1 of that Schedule).
Schedule 1, as amended, agreed to.
Clause 3
Maximum period for certain directions, notices and orders
Question proposed, That the clause stand part of the Bill.
Dame Diana Johnson
Clause 3 provides for extensions to the maximum timeframes for dispersal directions and closure orders under the Anti-social Behaviour, Crime and Policing Act 2014, and I will address each of these in turn.
The clause extends the maximum period for which a dispersal order can be in place from 48 to 72 hours and introduces a mandatory review at 48 hours. We know that the dispersal power is an effective tool that police can use in a range of situations to move on individuals who are committing, or who are likely to commit, antisocial behaviour. Despite that, feedback from police and from police and crime commissioners has highlighted operational challenges in implementing this power.
Under current legislation, the police can issue a dispersal order to require a person to leave an area for a maximum of only 48 hours. That makes no allowance or and allows no extensions for weekends or bank holidays, when incidents of antisocial behaviour are often high. The 48-hour window also allows little time for relevant authorities to identify the root causes of the issue in order to implement longer-term solutions. Extending the timeframe of the dispersal power to up to 72 hours will ensure that police can effectively cover these problem periods, such as bank holidays. It will also give local agencies more time to come together to develop long-term solutions to tackle antisocial behaviour.
Harriet Cross
Although I completely agree with the need to extend the power, why was 72 hours chosen? Was there work or analysis behind that figure?
Dame Diana Johnson
I am very pleased to hear that the shadow Minister supports the 72-hour limit, because it was in the Criminal Justice Bill that her Government brought forward and that, because of the general election, never got on to the statute books. Work was done with stakeholders on what would be required. Clearly we do not want to extend it too far, but 72 hours seemed to be the best period of time to take into account what I was just saying about weekends and bank holidays in particular.
Let me move on to closure orders. The clause extends the timeframe that the relevant agencies, after issuing a closure notice, can apply to a magistrates court for a closure order from 48 hours to 72 hours. Again, that is based on feedback from practitioners who have noted operational challenges in applying for a closure order. The 48-hour window is not always enough time to prepare evidence and serve it to the courts, particularly on weekends or bank holidays. The closure order is an important power that agencies can use to provide immediate respite to the local community, so we must ensure that it is practicable and viable for practitioners to use.
Extending the timeframe to 72 hours will allow practitioners adequate time to gather evidence and inform interested parties. It also allows respondents more time to seek legal advice, in turn reducing the number of cases adjourned by the courts. In short, the provisions will help to address operational challenges, allowing local agencies to tackle antisocial behaviour more efficiently and effectively.
Matt Vickers
Clause 3 sets out the maximum period for certain directions, notices and orders. On exclusion directions, the Bill amends section 35 of the Anti-social Behaviour, Crime and Policing Act 2014 whereby a police officer could direct a person to leave a specified area for up to 48 hours. The Bill extends this to 72 hours. If an exclusion period exceeds 48 hours, a police inspector must review the direction as soon as possible after the 48-hour mark to ensure its necessity.
Closure notices allow the police to shut down premises that cause nuisance or disorder, and could previously last 24 hours before requiring further action. The Bill extends that to 48 hours. The maximum period for an initial closure notice before a magistrates court order will be required has been extended from 48 to 72 hours. Those efforts will give greater flexibility for police and officers will have more time to manage antisocial behaviour without requiring immediate escalation to the courts. That will allow for a stronger deterrent, meaning that longer exclusion periods and closure notices could have a greater impact in preventing repeated antisocial behaviour.
In 2023, the previous Government ran a consultation on proposals to strengthen powers available to address antisocial behaviour under the 2014 Act. It is true that the Government have opted to reintroduce some of these provisions into the Crime and Policing Bill. However, I would be grateful for an understanding of why certain measures have not been taken forward. For example, provisions to remove the need for authorisation by a senior police officer for a dispersal order have not been reintroduced. Although a Member could argue that a mandatory review by an inspector for exclusion periods of over 48 hours ensures accountability, why was the decision made to require an inspector’s review for exclusion directions only after 48 hours, rather than immediately on extending them?
The Bill also removes provisions to grant senior police officers the power to make public space protection orders, meaning that it arguably becomes harder in certain instances to control disorder. In November 2024, an extraordinary and unprecedented legal order was enacted, imposing a complete closure on an entire housing estate of 376 properties. That sweeping measure was introduced as a direct response to escalating concerns over severe and persistent antisocial behaviour and rampant drug dealing that had reached intolerable levels. The closure order strictly prohibited non-residents from gathering or loitering in key communal areas, including stairwells, landings, bridges and spaces near bin chutes, as well as within open areas adjacent to residential properties. The decision was driven by an urgent need to restore safety and security for the law-abiding residents, whose daily lives had been severely disrupted by the ongoing disturbances. Authorities deemed that intervention necessary to curb the relentless activities of those engaged in criminal behaviour and to ensure that the estate could once again become a liveable and peaceful environment for its rightful occupants.
The Bill has notably failed to carry forward provisions to lower the minimum age for issuing a community protection notice to 10 years old. Why has that decision been made? As the Minister will be well aware, antisocial behaviour is frequently perpetrated by individuals under the age of 18, often causing significant disruption and distress within communities. Local residents, businesses and authorities alike have long struggled with the challenges posed by persistent youth-related disorder. Given that reality, is the Minister fully confident that the removal of this provision will not inadvertently weaken the ability of law enforcement and local councils to tackle antisocial behaviour committed by teenagers? Without appropriate measures in place, there is a real risk that communities will continue to bear the brunt of unchecked disorder and that would undermine efforts to create safer and more harmonious neighbourhoods. What safeguards are in place to prevent these extended powers from being misused or disproportionately applied to certain groups or businesses? What role will local authorities and community organisations play in reviewing the effectiveness of these measures?
Dame Diana Johnson
The shadow Minister asked a number of questions about measures that were in the Criminal Justice Bill and are not in the Crime and Policing Bill. Clearly, what we are referring to was, and it is the same, as I understand it. We carefully considered the merits of all the measures that were in the Criminal Justice Bill on a case-by-case basis, and we reintroduced the ones that we thought had clear operational benefits, would help to cut crime and antisocial behaviour and would rebuild confidence in the criminal justice system.
The shadow Minister asked about the requirement for dispersal orders to be authorised by an inspector. The Criminal Justice Bill included a measure to remove the current requirement for an inspector to authorise a dispersal order. When considering that measure and what it would deliver, we were concerned that restricting people’s freedom of movement is a serious matter and that it is important that the dispersal order is used proportionately and reasonably. Ensuring that that power is authorised by an officer of at least the rank of inspector provides an additional safeguard and ensures that the power is used only to stop activities that are causing antisocial behaviour.
The Criminal Justice Bill sought to reduce the age that someone can receive a community protection notice from 16 to 10. We take the view that the breach of a CPN is a criminal offence and this Government, as I have said a number of times, do not wish to risk funnelling children into the criminal justice system unnecessarily by lowering the age at which someone can receive a CPN to 10 years of age. As we have discussed, the civil injunction will remain in place to be used against those under the age of 16—