Crime and Policing Bill (Fifth sitting)
Thursday 3rd 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 Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 3 April 2025 - (3 Apr 2025)
The Committee divided: - Ayes: 4 / Noes: 9 - Question accordingly negatived.
The Chair
Before we begin, I have a few preliminary reminders for the Committee. Please switch electronic devices to silent. No food or drink is permitted during sittings of the Committee, except for the water provided. Hansard colleagues would be grateful if Members could email their speaking notes to hansardnotes@parliament.uk or pass them to the Hansard colleague in the room.
Clause 14
Assault of retail worker
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to discuss the following:
Amendment 29, in clause 15, page 25, line 11, at end insert—
“(4) If the offender has previous convictions for an offence under section 14 of the Crime and Policing Act 2025 (assault of a retail worker) or for shoplifting under section 1 of the Theft Act 1968, the court must make a community order against the offender.”
This amendment clause would require the courts to make a community order against repeat offenders of retail crime in order to restrict the offender’s liberty.
Clause 15 stand part.
New clause 20—Assault of wholesale worker—
“(1) A person who assaults a wholesale worker at work commits an offence under this section.
(2) ‘Wholesale worker at work’ means a person who—
(a) is working on or about wholesaler premises, and
(b) is working there for or on behalf of the owner or occupier of those premises, or is the owner or occupier of those premises.
(3) In subsection (2), ‘wholesaler premises’ means—
(a) premises used in any way for the purposes of the sale of anything by wholesale, and here ‘working’ includes doing unpaid work.
(4) A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or to a fine (or both).
(5) In subsection (4), ‘the maximum term for summary offences’ means—
(a) if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales) comes into force, 6 months;
(b) if the offence is committed after that time, 51 weeks.
(6) In section 40(3) of the Criminal Justice Act 1988 (power to join in indictment count for common assault etc), after paragraph (ac) insert—
‘(ad) an offence under section 14 of the Crime and Policing Act 2025 (assault of wholesale worker);’.”
New clause 26—Requirements in certain sentences imposed for third assault of retail worker offence—
“(1) The Sentencing Code is amended as follows.
(2) In section 208 (community order: exercise of power to impose particular requirements), in subsections (3) and (6) after ‘and sections 208B’ (inserted by section (Requirements in certain sentences imposed for third shoplifting offence) of this Act) insert ‘and 208B’.
(3) After sections 208B insert—
‘208B Community order: requirements for third or subsequent assault of retail worker offence
(1) This section applies where—
(a) a person is convicted of an offence under section 14 of the Crime and Policing Act 2025 (assault of retail worker) (“the index offence”),
(b) when the index offence was committed, the offender had on at least two previous occasions been sentenced in respect of an offence under section (Assault of retail worker) of the Crime and Policing Act 2025 committed when the offender was aged 18 or over, and
(c) the court makes a community order in respect of the index offence.
(2) The community order must, subject to subsection (3), include at least one of the following requirements—
(a) a curfew requirement;
(b) an exclusion requirement;
(c) an electronic whereabouts monitoring requirement.
(3) Subsection (2) does not apply if—
(a) the court is of the opinion that there are exceptional circumstances which—
(i) relate to any of the offences or the offender, and
(ii) justify the court not including any requirement of a kind mentioned in subsection (2), or
(b) neither of the following requirements could be included in the order—
(i) an electronic compliance monitoring requirement for securing compliance with a proposed curfew requirement or proposed exclusion requirement;
(ii) an electronic whereabouts monitoring requirement.
(4) Nothing in subsection (2) enables a requirement to be included in a community order if it could not otherwise be so included.’
(4) After section 292A (inserted by section (Requirements in certain sentences imposed for third shoplifting offence) of this Act) insert—
‘292B Suspended sentence order: community requirements for third or subsequent assault of retail worker offence
(1) This section applies where—
(a) a person is convicted of an offence under section (Assault of retail worker) of the Crime and Policing Act 2025 (assault of retail worker) (“the index offence”),
(b) when the index offence was committed, the offender had on at least two previous occasions been sentenced in respect of an offence under section (Assault of retail worker) of the Crime and Policing Act 2025 committed when the offender was aged 18 or over, and
(c) the court makes a suspended sentence order in respect of the index offence.
(2) The suspended sentence order must, subject to subsection (3), impose at least one of the following requirements—
(a) a curfew requirement;
(b) an exclusion requirement;
(c) an electronic whereabouts monitoring requirement.
(3) Subsection (2) does not apply if—
(a) the court is of the opinion that there are exceptional circumstances which—
(i) relate to any of the offences or the offender, and
(ii) justify the court not imposing on the offender any requirement of a kind mentioned in subsection (2), or
(b) neither of the following requirements could be imposed on the offender—
(i) an electronic compliance monitoring requirement for securing compliance with a proposed curfew requirement or proposed exclusion requirement;
(ii) an electronic whereabouts monitoring requirement.
(4) Nothing in subsection (2) enables a requirement to be imposed by a suspended sentence order if it could not otherwise be so imposed.’”
This new clause imposes a duty (subject to certain exceptions) to impose a curfew requirement, an exclusion requirement or an electronic whereabouts monitoring requirement on certain persons convicted of an offence under section 15, where the offender is given a community sentence or suspended sentence order.
The Minister for Policing, Fire and Crime Prevention (Dame Diana Johnson)
It is good to see you in the Chair, Dr Allin-Khan. Clause 14 provides for a new criminal offence of assaulting a retail worker. This will send a clear message to retailers and perpetrators alike that we take any form of violence in a retail setting extremely seriously, and it fulfils our manifesto commitment.
I know that all Members will have experiences and information from their constituencies on the unacceptable rise in assaults on retail workers. I visited a shopkeeper on Beverley Road in my constituency who had been assaulted by a customer who was buying some alcohol and disputed its price. The customer hit the shopkeeper around the head around 50 times in an unprovoked assault, which was recorded on CCTV, so I was able to see it. It was really shocking to see. Many shop workers go to work every day with the fear of that happening. I pay tribute to Navin Sharda, that shopkeeper who was so badly assaulted.
Police recorded crime figures show that shoplifting offences increased by 23% in the 12 months to September 2024, and the British Retail Consortium’s 2025 crime report showed that there were around 737,000 incidents of violence and abuse—about 2,000 a day—in 2023-24. Figures published by the Union of Shop, Distributive and Allied Workers in March 2025 show that 77% of workers said that they had been verbally abused in the 12 months to December 2024, 53% had received threats of violence, and 10% were physically assaulted during the year. Those statistics demonstrate that there are unacceptably high levels of retail crime across the country, and more and more offenders are using violence and abuse against shop workers to commit those crimes.
As well as carrying out their role of selling goods, retail workers are in some cases asked by us to restrict the sale of dozens of age-restricted items. That is an act of public service. In carrying it out, they are putting themselves at risk, as a declined sale may, sadly, cause someone to become violent and abusive.
Harriet Cross (Gordon and Buchan) (Con)
It is obviously the case that retail workers have to stop the sale of certain products at times, whether it is because the customer is under age or for other reasons. Of course, delivery drivers have to do exactly the same thing if they get to a house and, for example, an under-18-year-old would be in receipt of alcohol or a knife, even if it is for legitimate purposes. Does the Minister therefore agree that delivery drivers face the same risks as retail workers?
Dame Diana Johnson
What we do know, from the statistics that I have just read out, is that there is a wide body of evidence to confirm what is happening to retail workers on retail premises. We know that, because that information and evidence has been collated for some time. I accept that there are questions and concerns about delivery drivers, but I do not think we are in the position to know the extent of assaults on delivery drivers. I am not disputing that they take place—they do—but we have been very clear, and it was our manifesto commitment, that we will deal with assaults on retail workers by legislating for that. The clause is about that.
Everyone has the right to feel safe at work. The new offence, which is for retail workers and premises, sends a strong message that violence and abuse towards retail workers will not be tolerated. In a later debate, perhaps, I will come on to some of the other protections that all workers have, and how they can be used. This new offence will carry a maximum prison sentence of six months and/or an unlimited fine.
Reflecting on the need to take a tough stance with meaningful criminal justice consequences, clause 15 provides that the new offence will come with a presumption for a court to make a criminal behaviour order. Such an order may prohibit the offender doing anything described in it, which might include a condition preventing specific acts that cause harassment, alarm or distress, or preventing an offender from visiting specific premises. Breach of a criminal behaviour order is in itself a criminal offence, attracting a maximum penalty of five years’ imprisonment.
Clauses 14 and 15, taken together, will significantly help better protect retail workers. On that basis, I am sure that they will be welcomed across the Committee. The hon. Member for Stockton West, who leads for the Opposition, has tabled amendment 29 and new clause 26 in this group. I plan to respond to those when winding up the debate.
Matt Vickers (Stockton West) (Con)
It is a pleasure to serve under your chairmanship, Dr Allin-Khan.
The Bill rightly seeks to improve protections for our amazing retail workers and looks to tackle retail crime. I pay tribute to the amazing retail workers across the country for their work, and to the many people who have been involved in the campaign to provide greater protections for them.
Retail is the biggest private sector employer in our economy. It directly employs nearly 3 million people and sits at the heart of all our communities. Clause 14 amends section 40 of the Criminal Justice Act 1988 and creates a stand-alone offence of assaulting a retail worker in their place of work. It defines “retail premises” as a place
“used wholly or mainly for the purposes of the sale of anything by retail,”
including not only buildings, but stalls and vehicles. It also defines what it is to be a “retail worker at work”, which is
“working on or about retail premises, and”
being there
“for or on behalf of the owner or occupier of those premises”.
It confirms that a person who commits the offence will be liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences. I am glad that the offence also includes those doing unpaid work in a retail setting.
Clause 15 amends part 11 of the sentencing code to create a duty to make a criminal behaviour order for the offence of assaulting a retail worker. It confirms that that will apply where someone is convicted of the new offence under clause 14; where
“the prosecution makes an application to the court for a criminal behaviour order to be made against the offender”;
and where
“the offender is aged 18 or over at the time the prosecution makes the application”.
It also sets out that such an order will not apply where the court imposes a custodial sentence, or makes a youth rehabilitation order, a community order, or a suspended sentence for that specific offence or
“any other offence of which the offender is convicted by or before it”.
Until this point, police have had to rely on several criminal offences through which to prosecute violence and assault against retail workers, including assault, unlawful wounding or grievous bodily harm under the common law or the Offences against the Person Act 1861; harassment or putting people in fear of violence under the Protection from Harassment Act 1997; and affray, or threatening or abusive behaviour under the Public Order Act 1986. Things changed and progress was made by section 156 of the Police, Crime, Sentencing and Courts Act 2022, as a result of debates on this important subject during the Act’s passage through Parliament. That added section 68A to the Sentencing Act 2020, requiring the courts to treat an offence as aggravated if the victim of the offence had been
“providing a public service, performing a public duty or providing services…goods or facilities”
to the public.
In recent years, a variety of businesses and organisations have called for a stand-alone offence. In July 2020, USDAW launched a petition calling for a specific offence of abusing, threatening or assaulting a retail worker. The petition received 104,354 signatures, which triggered a Westminster Hall debate. As a member of the Petitions Committee, I had the privilege of leading the debate and speaking on behalf of the petitioners. At that time, we were gripped by the pandemic, which helped to focus minds on the incredibly important role that our retail workers were performing as a result of it. The debate was well attended, with Members from all parties speaking passionately in support of our retail workers.
Several retailers were in support of a stand-alone offence, including Morrisons, Sainsbury’s, Tesco and the Co-op. In May 2021, Helen Dickinson, chief executive of the British Retail Consortium, called for a stand-alone offence to provide colleagues with the protections they needed. In June 2021, the Home Affairs Committee held its own inquiry on violence and abuse towards retail workers, concluding that the patchwork of existing offences did not provide adequate protection. The Committee said:
“The Government should consult urgently on the scope of a new standalone offence.”
As hon. Members may know, having served as the chair of the all-party parliamentary group on the future of retail and as a former Woollies worker, I have been very involved in the campaign to protect our retail workers. It was a privilege to join the likes of the Under-Secretary of State for Housing, Communities and Local Government, the hon. Member for Nottingham North and Kimberley (Alex Norris), Paul Gerrard from the Co-op, Helen Dickinson and the team at the British Retail Consortium, Edward Woodall of the Association of Convenience Stores, USDAW, numerous retailers and others who have campaigned over recent years to deliver more protection for our retail workers.
When I first arrived in the House, in my slightly rebellious phase, I tabled an amendment on this issue to the Police, Crime, Sentencing and Courts Bill—now the 2022 Act—which was supported by Members from both sides of the House. As I have mentioned, that helped us to make assault on a person providing a service to the public a statutory aggravating offence. More recently, in April 2024, alongside a suite of measures designed to tackle retail crime, the last Government agreed to create a stand-alone offence of assaulting a retail worker. The stand-alone offence aims to protect our retail workers by providing a deterrent to those who might commit retail crime, and it also has an important role to play in increasing transparency and accountability, which I will say more about later.
The changes to sanctions and recording are not the only answer to this problem; it is important that the police and retailers take action more broadly to tackle it. The last Government introduced a retail crime action plan in October 2023. My right hon. Friend the Member for Croydon South (Chris Philp), who was then the Policing Minister and is now the shadow Home Secretary, launched it at a meeting of senior police leaders and 13 of the UK’s biggest retailers.
The plan included a police commitment to prioritise urgently attending the scene of a shoplifting incident where it involved violence against a shop worker, where security guards had detained an offender, or where attendance was needed to secure evidence. Attendance was to be assessed on risk, with prolific or juvenile offenders being treated with elevated priority. The police reaffirmed their pledge to follow up on any evidence that could reasonably lead to a perpetrator being caught, and forces stepped up targeted hotspot patrols in badly affected areas.
The plan set out advice for retailers on how to provide the best possible evidence for police to pursue any case. They are required to send CCTV footage of the whole incident and an image of the shoplifter from the digital evidence management system as quickly as possible after the offence has been committed. Where CCTV or other digital images are secured, police are required to run them through the police national database, using facial recognition technology to further aid efforts to identify and prosecute offenders, particularly prolific or potentially dangerous individuals.
The plan also created a specialist police team to build a comprehensive intelligence picture of the organised crime gangs that drive a huge number of shoplifting incidents across the country, in an effort to target and dismantle them. This initiative was branded Pegasus and is a business and policing partnership that has improved the way in which retailers are able to share intelligence, with the police gaining a greater understanding of the approach being taken by these organised crime gangs and identifying more offenders.
The initiative was spearheaded by Katy Bourne, the business crime lead for the Association of Police and Crime Commissioners. It is the first national partnership of its kind, and was backed financially by the Home Office, John Lewis, the Co-op, Marks & Spencer, Boots, Primark and several others, which pledged more than £840,000 to get it off the ground. Pegasus helped to identify high-harm offenders who were linked to organised crime groups, and has resulted in numerous arrests of individuals who are often responsible for tens of thousands of pounds in thefts.
Harriet Cross
Does my hon. Friend agree that that sort of approach is important in tackling repeat offenders with whom retail workers will be very familiar? They know who the offenders are in their area, because they see them every day. That sort of approach would help tackle those offenders and give reassurance to retail workers that they will not see these people back time and again.
Matt Vickers
The use of facial recognition in this setting is incredible. Anybody who has been out with the police force in their area and looked at it will know that the benefits are huge. It delivers great efficiency to the police, who can check thousands of people in minutes. The ability to take a face and work out who the person is and what they have done or have not done is game-changing in this and many other settings.
Jack Rankin (Windsor) (Con)
I have lots of sympathy with my hon. Friend on that point, but will he comment on the tension with civil liberties?
Matt Vickers
We have talked about the failure rate of modern facial recognition technology, and the number of instances in which it gets it wrong is minute. Every study we do on modern kit tells us that it results in very little error. It is virtually foolproof. There have been all sorts of noises about previous incarnations of the technology, but the most modern technology that we are using with our police forces now comes with very little fault and can be game-changing for the police.
The commitment to invest in facial recognition was a four-year investment. We have now seen a change of Government, but I know the Minister understands the huge value that facial recognition can have to the police, so I wondered whether the incumbent Government will continue with the specific funding commitment in full. Yes, lots of work has gone in and this offence will not solve all problems or necessarily have an immediate impact, but it represents a huge and important step forward. I am glad it has been taken forward by the incumbent Government and hope it will have a real impact to improve the lives of those important key workers in high streets and stores across the country.
Our retail workers define what it means to be a key worker: essential to the everyday lives of everyone. They often work the longest hours, not necessarily for the best pay, but are relied on by the public to keep their lives and the country going. For those living alone and isolated, they may be the only regular interaction they have. Our stores and town centres sit at the heart of our communities and give us a sense of place and identity. When they become dangerous and lawless, it is the saddest of signs and has real consequences for society.
According to the British Retail Consortium crime survey 2025, there are 2,000 incidents of assault on retail workers—not every month, not every week, but every single day. That figure has gone up by 50% in the last year, totalling 737,000 incidents in a year. More worryingly, 45,000 of those incidents were violent—equivalent to more than 124 incidents a day. There were over 25,000 incidents involving a weapon—that is 70 a day—and, devastatingly, that figure was up by 180% on the previous year. The survey went on to say,
“61% of retailers rate the police response to retail crime overall as poor or very poor, the same as last year, but over a third (39%) rated it as fair, good or excellent, including 3% as excellent for the first time in some years”.
In response to the report, British Retail Consortium chief exec, Helen Dickinson said,
“Behind these numbers lies a harsher truth for the people who work in our industry. Colleagues have been punched, stabbed, spat on, while having racist, misogynistic, and generally vile abuse hurled at them. These incidents can inflict serious mental and physical trauma that lasts a lifetime. The idea that any retail workers might be going to work fearing for their safety, never knowing the next time another incident may occur, should deeply concern all of us. Violence and abuse should never be part of the job.”
A colleague survey by the Association of Convenience Stores found that 87% of store colleagues had experienced verbal abuse, with over 1.2 million incidents, and 59% of retailers believe that antisocial behaviour, in or around their store, has increased over the past year. The association’s crime report also found that only 36% of crime is reported by retailers. Retailers said that they do not always report crime, and the top three reasons were, first,
“No confidence in a follow up investigation”,
secondly,
“The time it takes to file and process reports”
and thirdly,
“Perceived lack of interest from police”.
Retail workers are ordinary people going to work to earn a living, and they should be able to do so without fear of crime. Very often, they are students getting their first job stacking shelves or the semi-retired keeping themselves active, topping up their incomes to get something nice for their grandkids. To demonstrate the impact and consequences of retail crime and the value of the measures being debated, I want to share the views of some of those amazing frontline retail workers. Joshua James, an independent retailer, said:
“The high levels of verbal abuse and antisocial behaviour we are experiencing in store is both upsetting for our team members and negatively impacting their morale. Our main priority will always be their safety and that is why we have had to resort to tactics including implementing safety and preventative technologies and adjusting procedures to help the team feel safer at work. The sad truth behind this is it’s a selfish approach, as we know when these individuals stop targeting us, it’s only because they have moved onto another store.”
Amit Puntambekar from Nisa Local in Fenstanton described how he feels about the support he does not receive from the police:
“When your staff are threatened with a hammer, when someone threatens to kill you who lives near your shop and the police don’t take it seriously, what’s the point?”
In recent years during this campaign, I have had people ask me, “Why should things be different if you assault a retail worker as opposed to any other member of the public?” Retail workers are not assaulted because they wear a Tesco uniform or an Aldi shirt. They usually get assaulted for upholding the rules, which are often set by Parliament, but if they do not uphold those rules, they can face serious sanctions and consequences—for example, for failing to verify age for the purchase of knives or alcohol. Parliament and the Government impose statutory duties on our retail workers, and it is only right that we back them with statutory protections.
The Association of Convenience Stores 2025 crime survey found the top three triggers for assaults on retail workers were: encountering shop thieves; enforcing an age-restricted sales policy; and refusal to serve an intoxicated customer—which, of course, is another responsibility imposed on them by Parliament.
Joe Robertson (Isle of Wight East) (Con)
My hon. Friend paints a disturbing picture of this significant problem, in many cases using the statistics. I worry that perhaps there is not the awareness within the general public—although there certainly will be among some people—of this crime compared with other crimes. Of course, this law will help to address that, but does he agree that we all share responsibility to ensure that there is better public awareness of this issue so that we can all play our small part in better supporting retail workers?
Matt Vickers
Hugely so. The likes of the BRC have run many campaigns to try to get people to shop in a more friendly and responsible way. The reality is that these places are at the heart of the community. If things are going to pot in the high street and the local shop, that undermines all the societal norms that young people might see when they go to the shop—and they then start to live in a different kind of world. There are obviously huge consequences. My hon. Friend is right; it is down to everybody to see this issue for the problem that it is.
Retailers and people who work in the sector say that it does not feel like the police see this problem as a priority. It always seems to be the last on the list. We understand that the police have a huge number of competing priorities on their time and energy, but when it comes down to it, this is a really big deal to the people who get assaulted in their workplace and have to go back there the next day, knowing that they might have to face that self-same crime.
Assaulting a retail worker, alongside assaulting the many other workers who provide a service to the public, is already a statutory offence. New clause 20 makes the case for wholesale workers to be added to the protections in the Bill. Many of us will have heard the case for similar protections for retail delivery drivers who face assault. The Federation of Wholesale Distributors is leading that campaign, stressing the urgent need for the inclusion of all wholesale workers in the stand-alone offence of assaulting or abusing a retail worker.
The Federation of Wholesale Distributors is the member organisation for UK food and drink wholesalers, operating in the grocery and food service markets, supplying retail and caterers via collect, delivery and online. Its members supply to up to 330,000 food service businesses and 72,000 retail grocery stores, supporting local high streets and businesses, large and small, across the UK.
The wholesale sector generates annual revenues of £36 billion, employs 60,000 people, and produces £3 billion of gross value added to the UK economy annually. Approximately £10 billion of that trade goes through cash and carry depots, where staff are increasingly vulnerable to criminal activities, particularly involving high-value goods, such as alcohol and tobacco. According to the FWD’s most recent crime survey, 100% of wholesalers surveyed identified crime as one of their foremost concerns, primarily attributed to what they perceive as “inadequate police responsiveness”. It argues:
“Despite substantial investments in crime prevention measures, wholesalers require stronger support from both the Government and law enforcement.”
Although it welcomes the Government’s commitment to tackling retail crime, it remains
“deeply concerned that the Bill does not extend protections to the majority of wholesale workers.”
The Bill’s current definition excludes 98% of wholesalers—those operating on a business-to-business basis—from the proposed protections. As a result, a significant number of wholesale workers remain unprotected.
Wholesale workers play a vital role in local economies and essential supply chains, ensuring the distribution of food and drink to businesses, hospitals, schools and care homes. It is argued that by leaving them out of the protections in the Bill, their safety, and the sector’s resilience, are compromised. They suggest a more inclusive definition under the stand-alone offence would better safeguard vulnerable workers and strengthen the wholesale sector. I am very keen to understand whether the Minister has considered the proposal on wholesale workers, what her perspective and thoughts on the matter are, and whether she will consider adding it during the passage of the Bill.
Joe Robertson
Of course, I agree with my hon. Friend’s comments about delivery drivers. I do not wish to criticise the Minister this early in the day, but it seems to me that the excuse for not extending the provisions is that this was not in the Labour manifesto. I am not sure she needs to worry about that; it is not something that the public worry about. If it is the right thing to do, she should include them. Does my hon. Friend have anything further to say on that?
Matt Vickers
I very much agree. Delivery drivers go out to alien environments—they could be delivering at the end of some lane in the middle of the countryside somewhere with no one in sight—so they are at substantial risk. I am sure the Minister will tell me that the proposal was not in the previous Criminal Justice Bill, but it has come forward and USDAW has made a good case. We should definitely listen and consider it, and I hope the Minister will give us her thoughts about where we should go with that.
As well as suggesting widening the scope of the provisions to include retail home delivery drivers, USDAW has submitted written evidence suggesting that the Bill could be improved in other ways by widening its scope to include incidents of abuse and threats, and an aggravating factor for incidents following retail workers enforcing statutory requirements, such as age-related restrictions. That would mirror what USDAW considers to be the successful Scottish provisions. Will the Minister comment on those ideas—in particular, an aggravating factor for incidents that come as a result of the enforcing of statutory requirements, and the inclusion of abuse and threats?
During evidence, we heard some queries about whether the inclusion of the assault clause in the Bill is necessary. The former Lord Chancellor highlighted that there has been a departure from what he described as a
“rather interesting amendment tabled in the previous Session to the 2023-24 Criminal Justice Bill by, I think, the hon. Member for Nottingham North and Kimberley (Alex Norris)”.
He said:
“It sought to amend the law to increase protections for shop workers, but with an important expansion: the offence would be not just an assault, but a threatening or abuse offence as well, which would encompass some of the public order concerns that many of us have about shop premises, corner shops and sole proprietor retail outlets. Yet, we have gone back here to a straight assault clause, which in my mind does not seem to add anything to the criminal code at all.” ––[Official Report, Crime and Policing Public Bill Committee, 27 March 2025; c. 18, Q28.]
That lack of a significant change is noted in the economic note, which states:
“The impact of this new offence is limited as assault on retail workers is already an offence covered under wider assault charges and these cases would have been prosecuted, processed, and determined in the same way without the new offence. Increased costs are only expected through the additional consequence of CBOs for offenders and their possible breaches…There is no definitive evidence that the creation of this new offence will lead to an increase or decrease in the number of assaults on retail workers. The timing of any possible effects is also uncertain”.
That is not to speak against the measure.
Joe Robertson
Does my hon. Friend agree that delivery drivers are particularly vulnerable, given that they often work on their own in an unfamiliar place, and go to addresses they have not been to before, so there are some very strong stand-alone arguments for including them within the protections of the Bill in a stronger, more effective way?
Matt Vickers
My hon. Friend makes a valid point. People often order stuff to be delivered to their house; an Uber Eats driver might turn up at whatever time of the night. The people who arrive tend to turn up when people are not at work, so they could be there of an evening, when it is dark or at inconvenient times, when the risk is probably higher. They could be in any setting, and it will be unfamiliar to them but familiar to whoever they happen to be visiting. We have to give some thought to this issue, and I am interested in what the Minister will have to say on it.
This is not to speak against the measure, but is the Minister confident that it is drafted in a manner that will reduce assaults against shop workers, as well as abuse and threats? Could it be broader, to encompass antisocial behaviours that have no place on our streets? I am delighted that the incumbent Government are continuing with the proposals of their predecessor in creating this stand-alone offence, but we wish to make some proposals for improving it.
First, amendment 29 would require the courts to make a community order against repeat offenders for retail crime in order to restrict the offenders’ liberty. A huge amount of such crime is committed by repeat offenders. I would be grateful if the Minister could give us her perspective on the proposal.
We are grateful that the proposals from the last Government’s Criminal Justice Bill are being brought forward in this Bill, but I was disappointed that the new legislation does not include the mandatory requirement for a ban, electronic tag or curfew to be imposed on those committing a third offence of either shoplifting or assaulting a retail worker. Many retailers believe that this would ensure that the response to third offences would be stepped up, and would provide retail workers with much-needed respite from repeat offenders. To this end, we tabled new clause 26. Again, I would be grateful for the Minister’s view on it, and for her rationale for what some might consider a watering-down of the sanctions.
I note that clause 15 sets out that those under the age of 18 will not be subject to a criminal behaviour order. Will the Minister comment on the frequency of involvement in retail crime by under-18s? Why are criminal behaviour orders not necessary to deter them?
One of the points made about the stand-alone offence, over and above the sanction and the consequence, is that it is about increasing police response time, as well as accountability and transparency. By having a stand-alone offence, we will have data on where and how often these things occur, and we can then measure where the police are and are not taking the required action. On that basis, has the Minister given any thought to how to manage that data, how we might hold to account police forces with the greatest volume of such offences and how we can look at ensuring that all police forces have a consistent response?
Anna Sabine (Frome and East Somerset) (LD)
I will make a slightly shorter speech. [Hon. Members: “Hear, Hear!”] I welcome the Government’s measures to protect retail workers against assault. I have seen the evidence of this challenge at first hand in my constituency. In Frome, we have an amazing small independent shop and art gallery that has been repeatedly targeted by groups of young people who are spray painting graffiti on the windows and shouting abuse at retail workers and shoppers. This is part of a wider picture of antisocial behaviour that is happening on our high streets, and that neighbourhood police are working so hard to tackle. As we said in previous discussions, we need to support neighbourhood police and resource them to do so.
Retail workers are on the frontline of the much wider antisocial behaviour we see in our towns and cities. As we know, high street businesses are critical not only to our economic success, but to the wellbeing of the places we live and work in. It is vital that they can recruit and retain staff who can come to work without fear of being threatened or assaulted. However, the Minister should consider that it is not only retail workers who are victims of assaults; bank branch workers in customer-facing roles should have the same level of protection.
At a recent constituency breakfast, I spoke with a representative from Barclays bank. He told me that there were more than 3,500 incidents of inappropriate customer behaviour against Barclays staff in 2024, with more than 90% involving verbal abuse, as well as many other incidents of smashed windows and graffiti. Bank branch staff across the UK would be grateful if the Minister could extend to them the protections being provided to retail workers.
Jo Platt (Leigh and Atherton) (Lab/Co-op)
It is an honour to serve under your chairship, Dr Allin-Khan. I rise to speak briefly to clauses 14 and 15. I draw the Committee’s attention to the fact that I am a Co-operative member and a Labour and Co-operative MP who has long campaigned for stronger protection for retail workers.
Retail crime is not just a statistic; it has real and lasting consequences for workers, businesses and our communities. In Leigh and Atherton I have seen at first hand the toll that it takes. This month I visited one of our anchor stores in Leigh town centre and spoke to a security guard who had been threatened with assault while simply doing his job protecting staff, stock and the business. He told me it is not just about one incident, but the daily reality of intimidation, threats and the fear that one day those threats will turn into something worse. And he is not alone.
With my office based on the high street, I see the challenges up close. Local businesses have told me they face verbal abuse, harassment and physical threats daily. Many have even stopped reporting incidents because they feel they are not being heard.
Dr Lauren Sullivan (Gravesham) (Lab)
Building on what my hon. Friend was just saying about the town centre, I had an incident in a village convenience store in my area. The member of staff often works on their own and they were assaulted fairly recently when over £1,000 was taken. Those workers are cornerstones in our communities and drive people to hospital if necessary. Violence is seen too often in our communities, and we need to send a strong message to those who seek to cause harm and those who need protecting.
Jo Platt
I absolutely agree with my hon. Friend. Threats, abuse and violence should never be accepted as part of the job. Nationally, the scale of the problem is alarming. USDAW’s latest survey found that 69% of retail workers had been verbally abused in the past year, 45% had been threatened and 17% had been assaulted. Some have been hit with trolleys and baskets, and female staff have reported appalling levels of harassment, which cannot go on. That is why clauses 14 and 15 are so important. They will provide retail workers with the legal protections they deserve and ensure that those who abuse, threaten or assault face real consequences.
Crucially, the Bill also extends the protections to volunteers, many of whom play a vital role in the Leigh and Atherton charity sector. No one who gives their time to help others should have to fear for their safety. The campaign started on the shop floor and now it has reached the Floor of Parliament. As a Co-operative member, I welcome the provisions as the result of years of determined campaigning. With this Bill we take an essential step towards making our town centres safer and showing shop workers that they are respected, protected and valued. Tackling retail crime is a vital step in rebuilding pride and belonging in all our communities.
Joe Robertson
It is a pleasure to serve on the Committee under your chairship, Dr Allin-Khan. There is agreement in this room about the problem that the Bill seeks to address. I commend my hon. Friend the Member for Stockton West for his excellent but all too brief speech a few moments ago. If I may, I will start by citing Matthew Barber, the police and crime commissioner for Thames Valley police. Referring to the legislation that already exists, he rightly states:
“It is an offence to assault a retail worker. In the same way that it is an offence to assault any member of the public. Indeed current legislation already allows for someone’s role as a retail worker to be considered as an aggravating factor”.
There are four areas of law whereby a retail worker who has been assaulted might currently have protection. There is assault, unlawful wounding or grievous bodily harm under the common law or the Offences against the Person Act 1861—notice how old that law is; I do not think this room has changed much since then—harassment or putting people in fear of violence under the Protection from Harassment Act 1997; affray or threatening or abusive behaviour under the Public Order Act 1986; and robbery under the Theft Act 1968.
The point that retail workers are in a particularly vulnerable situation has been clearly articulated. That is why these laws, which are good at achieving the aims that they were originally passed for, can leave defects when it comes to ensuring the protection of retail workers.
Joe Robertson
I am glad that my hon. Friend the Member for Windsor, from a sedentary position, has endorsed my constituency, which is not only a tourist destination but a place that has a much higher population in summer, and retail workers are at the frontline in towns such as Ryde, Sandown, Shanklin and Ventnor. Although we are a small coastal community—we do not have big towns or a big population centre—retail crime is still a problem. It is a crime that I imagine affects all constituencies in the UK to a greater or lesser extent, and we certainly should not think of it as a city or large town-only issue. In fact, I ponder whether it can be, in some cases, more impactful in smaller communities, where people might be more likely to know each other and there is a sense of intimidation from such behaviour.
Retail crime can also lead to a more destructive environment or a sense of lawlessness if it goes unchecked, as well as all sorts of knock-on effects with antisocial behaviour. We definitely see some of that in my constituency, where certain prolific individuals feel that if the police have not responded the first few times, they are likely not to respond again. Certainly in my anecdotal experience, it is actually a few prolific offenders who are particularly responsible for a large number of these incidents. I urge the Government to take all views of the Committee into account, as we all want to achieve the same objectives.
Luke Taylor (Sutton and Cheam) (LD)
As I am interested in moving on, because I was sent by my residents to get on with business, I will not be eking this out because we did not do our homework or table our amendments in time.
I agree with the hon. Member for Gordon and Buchan about delivery workers and retail workers, in the broader sense of the word. There is an opportunity here to reflect the Protection of Workers (Retail and Age-restricted Goods and Services) (Scotland) Act 2021, which covers retail workers when they are in people’s homes. We heard evidence from Christopher Morris and Graham Wynn that there is a really good chance to do that here. I understand the Minister’s explanation that there is a lot in the Bill, and that we need to ensure that it is neat and firm and delivers what it is supposed to deliver, but I again urge us to take this opportunity if we can.
I will now mention something that is very important to my residents, and that we have been looking at—tool theft, and how we can stretch the definition of retail workers and place of work. Again, I understand the Minister’s reluctance. I am sure that it is not because she has any lack of desire to solve issues in that space; the question is just about the Bill’s ability to do so. I understand that, but given the campaigning that a number of her colleagues have done in that space, I think there is a real opportunity here to do what we can to include the protection of hard-working tradespeople, and not only when they are in people’s homes.
The example that I gave in the evidence session was of retail workers delivering a dishwasher and installing it in somebody’s home. The question was whether, in somebody’s home, they would be classed as a retail worker under the measures in the Bill. There is a real opportunity to include those people and, if possible, to extend the provision to tradespeople who are doing work in people’s homes and then have tools and equipment necessary for their jobs subject to theft. They are also, as we are hearing, quite often subject to assault while defending their tools, and there is a real risk that they are criminalised for acting to protect their livelihood, because obviously this is not just theft—I mean “just” in the broadest possible terms. It is not having one’s phone stolen or, as heartbreaking as it is—I have suffered it myself—having one’s bike stolen. This is someone’s livelihood—their ability to support their family; so whatever we can do to extend the scope of the measure to protect those incredibly hard-working tradespeople and workers, we should do.
Luke Taylor
Absolutely, and I congratulate the hon. Member for Portsmouth North on that. I was at the reception that she held on the Terrace last week, and it was good to see the backing of industry for that campaign.
The Chair
Order. We need to stick within the scope of the Bill. If we could stay on topic, that would be brilliant.
Luke Taylor
I will finish my remarks by again encouraging the Minister to consider what we can do, and to take every opportunity available to include in the Bill the measures that I have mentioned.
David Burton-Sampson (Southend West and Leigh) (Lab)
It is a pleasure to serve under your chairship, Dr Allin-Khan. I refer Members to my declaration of interests.
I will keep this brief. The abuse of shop workers is simply unacceptable. People who are at work and offering an essential service to the public, and who are normally at the lower end of the salary scale, should not be subjected to such violence and intimidation when simply doing their job. USDAW’s “Freedom From Fear” report shows that in the last 12 months 77% of shop workers were verbally abused, 53% were threatened and 10% were assaulted. I know about this issue from my early career, when I was a store manager for a food store. I was abused on a number of occasions and once had a blade pulled on me when I was attempting to stop a shoplifter. This has been going on for years and it needs to stop.
During the pandemic, as we all know, we started off clapping the doctors and nurses and we eventually spread that out to everybody who was keeping our essential services going, including our shop workers. It is shameful that despite the petition launched in July 2020 and signed by 104,354 people, which the hon. Member for Stockton West pointed to, and the Westminster Hall debate, the former Conservative Government refused to recognise abuse of a shop worker as a separate offence until they were dragged, kicking and screaming, by the industry and the Labour Opposition at the time. It is therefore interesting to hear the Conservatives waxing lyrical about this issue today, despite the fact that we had to pull them to this point. It is equally admirable to see the Government bringing this action forward.
Many shop workers are pleased that the Government’s respect orders will support this new legislation and give them more protection. As a package, this is a positive move forward that will support my former colleagues and all retail workers. I fully support clauses 14 and 15.
Jack Rankin
It is a pleasure to serve under your chairmanship, Dr Allin-Khan, but not quite as much of a pleasure as listening to something akin to the Gettysburg address from my hon. Friend the Member for Stockton West.
The Parliamentary Under-Secretary of State for the Home Department (Jess Phillips)
That was short.
Jack Rankin
That was the joke. I am sure that my wife, who will be listening in, will be delighted that I will not be home for dinner tonight.
I welcome this legislation and congratulate the Government on bringing it forward. I understand that it is similar to the Bill brought forward by the previous Conservative Government, so I am glad that we can speak on a cross-party basis in support of making assaults on retail workers and shopkeepers a specific offence in the law. My hon. Friend the Member for Isle of Wight East talked about the current legislation, but it is nevertheless an important signal to make it a specific offence.
The National Police Chiefs’ Council, supported by the previous Government, introduced a retail crime action plan, and a group of retailers made considerable resources available for Project Pegasus to address organised crime. Although I am hearing from my local retailers and local police that there are early signs that those initiatives are beginning to deliver results, it is clear that we need to go much further to achieve the objectives set out in the RCAP. Clauses 14 and 15 are an important step in that direction.
As the Minister said on Tuesday, it is important that we listen to experts in this area. Committee members have been inundated with written evidence, alongside the oral evidence we heard, from people directly affected. It is worth getting some of that on the record, because they are the experts and we should take a steer from them. Paul Gerrard, the campaigns and public affairs director of the Co-op Group, said:
“The Co-op sees every day the violence and threats our colleagues, like other retail workers, face as they serve the communities they live in.
We have long called for a standalone offence of attacking or abusing a shopworker and so we very much welcome the government’s announcement today.
The Co-op will redouble our work with police forces but these measures will undoubtedly, when implemented, keep our shopworkers safer, protect the shops they work in and help the communities both serve.”
That is a thumbs-up from the Co-op.
Simon Roberts, the chief executive of Sainsbury’s, said something similar:
“There is nothing more important to us than keeping our colleagues and customers safe.”
I am sure we all second that. He went on:
“Alongside our own security measures like colleague-worn cameras, in-store detectives and security barriers, today’s announcement is a vital next step in enabling our police forces to clamp down further.
We fully endorse and support this legislative focus and action on driving down retail crime.”
The Minister and the Government can be confident that these measures are hitting the spot and have the support of experts.
I want to draw out some statistics, particularly from the British Retail Consortium, for which I have a lot of respect. Helen Dickinson, the chief executive, said:
“After relentless campaigning for a specific offence for assaulting retail workers, the voices of the 3 million people working in retail are finally being heard.”
However, she went on to say:
“The impact of retail violence has steadily worsened, with people facing racial abuse, sexual harassment, threatening behaviour, physical assault and threats with weapons, often linked to organised crime.”
That is not something that any of us should tolerate. As well as giving police forces and the justice system more powers, it is important that we in this House speak with one voice to say that that is unacceptable.
The British Retail Consortium’s most recent annual crime survey covers the period from 1 September 2023 to 31 August 2024. The BRC represents over 1.1 million employees, and the businesses they work for have a total annual turnover of over £194 billion. Therefore, that survey really is, in a meaningful sense, one that covers the entire industry.
The statistics are awful, to be honest. Violence and abuse have clearly spiralled, rising by over 50% in that year, which was part of an overall rise of 340% since 2020. Indeed, there are now over 2,000 incidents every single day, which is the highest figure ever recorded in that crime survey. Of those 2,000 incidents daily, 124 are violent and 70 include the use of a weapon.
That means that 70 shop workers a day in this country are being threatened with a weapon. We should just think about that; I cannot imagine how I would feel if a member of my family was threatened in that way. It means that 70 people—each one a constituent of one of us—are threatened every single day. Only 10% of incidents of violence and abuse resulted in police attendance, and only 2% resulted in conviction. Only 32% of incidents of violence and abuse were reported to police by retailers, which I am afraid to say speaks to people’s lack of faith in the effectiveness of the current system.
I am sure it is true that Members on both sides of the House hear about these incidents happening on all our high streets through our surgeries, our other contact with constituents and our correspondence. My constituency is a cross-county constituency. Matt Barber, who we heard from last week and who has been quoted a couple of times in today’s debate, is the police and crime commissioner for Thames Valley, an area that includes about two thirds of my constituency. It covers Berkshire, Buckinghamshire and Oxfordshire, which obviously is a relatively prosperous area.
Nevertheless, Matt Barber published a retail crime strategy and one of his top priorities was acknowledging the importance of the issue. He set out a series of actions to tackle shoplifting, retail crime and violence towards shop workers, including bolstering the operational capacity of Thames Valley police through the creation of a business crime team within the force to identify prolific offenders and improve investigation. That action, combined with an increase in the visible presence of police officers and police community support officers in retail spaces through Operation Purchase, is paying some dividends. We have seen an increase of over 90% in charges for shoplifting in the Berkshire part of my constituency.
Acknowledging how difficult and time-consuming it can be for retailers to report retail and shoplifting offences, Mr Barber also rolled out Disc, which is an information-sharing and reporting platform that allows retailers to report and access information about crimes such as shoplifting and antisocial behaviour. The Disc app has been rolled out quite effectively, particularly in Windsor town centre. It is available free of charge for businesses across Berkshire, Buckinghamshire, Oxfordshire and Milton Keynes, and I urge the businesses in the Berkshire part of my constituency to use it. Frankly, any local businesses in that geographical area should use it, because the more retailers that use it and feed in that vital intelligence, the better the policing response will be. That will be even more important once this critical legislation is passed, because it will give police the specific powers to deal with such offences.
The other third of my constituency is in Surrey, where there is a different police and crime commissioner; that is a bit of a ball-ache for a constituency MP, but we plough on. The police and crime commissioner for Surrey, Lisa Townsend, and the chief constable of Surrey police, Tim De Meyer, who we heard from at the evidence session last week, are currently asking members of the Surrey business community to have their say on the impact of retail crime. They have launched a retail crime survey, which is open for responses until 14 April. I urge businesses in Virginia Water and Englefield Green to contribute to that important initiative. I therefore welcome clauses 14 and 15.
I turn to the two amendments tabled by the Opposition. Amendment 29 requires courts to make a community order against repeat offenders of retail crime to restrict the offender’s liberty, and new clause 26 imposes a duty to impose a curfew requirement, an exclusion requirement, or an electronic monitoring device on people convicted of assaulting retail workers where they have been given a community or suspended sentence. Given what we have heard Committee members, and in written and oral evidence, about the scale and impact of these crimes, ensuring that repeat offenders are given a real deterrent, as put forward in these provisions, seems like an infinitely logical improvement to the Bill. The provisions work hand in glove with the Government to give retail workers the real protections they need.
The BRC’s crime survey calls specifically for dissuasive sentences, as there is an intrinsic link between the police response and the response of the courts. Sentencing is an issue when, I am afraid to say, those involved are repeatedly given light sentences.
I have a couple of questions for the Minister to respond to when she touches on these provisions. We have heard about the cost of crime prevention measures that retailers are incurring, some of which includes hiring private security guards to protect stores. Can the Minister confirm that those workers will also be covered by the legislation, including when they do the very difficult job of trying to apprehend people who are committing offences?
I second what the hon. Member for Frome and East Somerset said; it is my understanding that the legislation excludes those who work in high street banks. Like other Committee members, I am frequently contacted by constituents who are worried about the loss of banks on the high street. I am concerned that excluding that group of people will result in the loss of yet more face-to-face banking services on our high streets. Presumably, that group has been affected by similar rises in violence and in the number of assaults on staff. For example, Barclays bank reports that in 2024 there were over 3,500 instances of inappropriate customer behaviour against its staff, with more than 90% involving verbal abuse.
I commend the Opposition’s amendments to the Committee, and encourage the Government to consider them so that we can tackle the important crime of assaulting shop workers.
Dame Diana Johnson
I thank the shadow Minister, the hon. Member for Stockton West, for his extensive speech in this short debate, setting out in great detail the background and history of how we have reached the position that we are in today. I feel that with some of the contributions we visited every retail outlet in the country. As the shadow Minister asked me a number of questions, I will deal with those at the outset. It is a shame that, despite what he said, the fact is that in 14 years the previous Government did not deliver on introducing this provision.
On what the hon. Member for Isle of Wight East said, the reason I pointed out that this was a manifesto commitment was to show that this Government, in our first Home Office Bill, are actually delivering on what we said we would do. I will go on to deal with some of the points that he and other hon. Members raised.
Joe Robertson
I wish to clarify for the Minister that I am criticising not the Government’s commitment to bring forward the Bill but the suggestion that something cannot go into the Bill because it was not in the Labour manifesto. I am sure that she is about to address that point.
Dame Diana Johnson
The hon. Member is right that I will address that point in due course.
The shadow Minister referred to live facial recognition, but there are some provisions on that—new clauses 19 and 29—which I think will provide the best opportunity to discuss those points. He will know of my commitment to using live facial recognition where appropriate, with the necessary policing safeguards.
In response to the remarks about the offence set out in Scottish legislation on abuse, threats and aggravating factors, it is fair to say that, as the Minister, I am looking carefully at what other countries have legislated for. I keep that under review and will continue to do so throughout the course of the Bill’s passage.
Matt Vickers
That point has been mentioned several times. We heard what Rob Buckland thinks about extending the offence beyond assault, because the Bill refers specifically to assault. The hon. Member for Nottingham North and Kimberley had tabled an amendment to the previous Bill to provide a broader definition that would cover abuse as well as assault. Does the Minister feel that there is a question mark around that point, or does she feel that it has been misunderstood by the people commenting on it?
Dame Diana Johnson
I will come on to that point in more detail in a moment; I just want to deal with the point raised by the hon. Member for Windsor about security staff. The offence will cover security staff who are employed directly by retailers and those employed by a third party on behalf of a retailer.
I want to move on to amendment 29 and new clause 26 tabled by the shadow Minister, which seek to make further provision on the sentencing of repeat offenders convicted of assaulting a retail worker. As I have tried to set out repeatedly, we take prolific offending extremely seriously, and it is helpful to have this opportunity to set out our approach.
As the Committee will be aware, sentencing in individual cases is a matter for our independent judiciary, which takes into account all the circumstances of the offence and the offender, and the statutory purposes of sentencing. The courts have a broad range of sentencing powers to deal effectively and appropriately with offenders, including discharges, fines, community sentences, suspended sentences and custodial sentences where appropriate. Previous convictions are already a statutory aggravating factor, with sentencing guidelines being clear that sentencers must consider the nature and relevance of previous convictions, and the time elapsed since the previous conviction, when determining the sentence.
The Ministry of Justice continues to ensure that sentencers are provided with all tagging options, to enable courts to impose electronic monitoring on anyone who receives a community-based sentence, if the courts deem it suitable to do so. Additionally, although electronic monitoring is available to the courts, it may be not the most appropriate requirement to be added to an offender’s sentence. Many prolific offenders have no fixed abode and live complex, chaotic lifestyles. Imposing an electronic monitoring requirement would likely set up those individuals to fail, instead of helping to improve outcomes for perpetrators of crime and the public.
We cannot consider this issue in isolation. That is why the Government have delivered on a manifesto commitment—we are really quite keen on that—to bring sentencing up to date and ensure that the framework is consistent by launching an independent review of sentencing, chaired by the former Lord Chancellor, David Gauke. The review is tasked with a comprehensive re-evaluation of our sentencing framework, including considering how we can make greater use of punishments outside prison, and how sentences can encourage offenders to turn their back on a life of crime. The review has been specifically asked to consider sentencing for prolific offenders, to ensure that they commit fewer crimes. We look forward to considering the recommendations of the review, following which we will set out our plans for the future of sentencing. It is vital that we give the review time to finalise its recommendations, including on prolific offenders, and that we consider them.
We had quite a lot of discussion about wholesale workers, delivery drivers and bank workers. However, despite the Opposition raising those issues, they did not table any amendments on them. New clause 20, tabled by my hon. Friend the Member for Neath and Swansea East (Carolyn Harris), relates to wholesale workers, and I will discuss it in a moment, but first, a number of Members raised the issue of delivery drivers. We know the really important, dedicated work that delivery drivers do, particularly when we recall what happened during the pandemic. These drivers often deliver items to the most vulnerable in our society, including the elderly, frail and disabled. However, my approach in the Bill is that we must be sure that the new offence that we are creating is proportionate and can be used without creating legal ambiguity.
Any ambiguity in identifying whether an individual is a retail worker will lead the courts to take the case forward as a common assault, as happens at the moment, meaning that the specific recording that the shadow Minister is keen on would, importantly, not be attributed to a retail worker. Delivery drivers cover a wide range of sectors and roles, which is likely to cause issues with defining what a delivery driver is, and therefore with the courts’ ability to use the Bill as we want them to. However, we will use this parliamentary process to scrutinise the provisions in the Bill, as we are doing today, and will consider carefully any amendments that are tabled, as well as any evidence that is put forward in support of them.
On bank staff, it is worth the Committee knowing that officials in the Home Office are meeting with Barclays next week. I am happy to look into what comes out of that meeting. Again, I think we can all agree that bank staff do important work in our communities. As I have said, they are protected by other legislation and a statutory aggravating factor, as public workers. I will come on to discuss that in a moment.
New clause 20 would provide for an offence of assaulting a wholesale worker. Of course, violence and abuse towards any public-facing worker, including wholesale workers, is unacceptable. Everyone has a right to feel safe at work. I, like others present, know the dedicated work that many in the wholesale sector do to ensure that goods are in our supermarkets, so that we always have access to the things that we need in a timely way. However, I do not agree that the offence of assaulting a retail worker provided for by clause 14 should be extended to all wholesale workers.
As we heard in oral evidence—we also have clear evidence from the British Retail Consortium, USDAW and the Association of Convenience Stores’ report—there has been a very worrying increase in violence and abuse towards retail workers. The police have already taken action to assist in tackling retail crime, and I welcome the positive impact that has had on charge rates, with a 52% increase in charge volumes for shop theft in particular. In 2023, as has been referred to already, the National Police Chiefs’ Council published the retail crime action plan. Through that plan, all police forces in England and Wales have committed to prioritise police attendance at a scene where violence has been used towards shop staff, where an offender has been detained by store security, and where evidence needs to be secured and it can only be police personnel. Clearly, that commitment, and other work undertaken by retail, is not preventing this crime, so we want to go further. This new offence of assaulting a retail worker will send the very strong message that violence and abuse towards retail workers will not be tolerated,
On wholesale workers, bank staff and others, assault is already a crime. Everyone is protected from assault; it is criminalised under the Criminal Justice Act 1988, in which common assault has a sentence of six months in prison. The Offences against the Person Act 1861 covers more serious violence, such as actual bodily harm and grievous bodily harm. However, this new offence will help to ensure that assaults on retail workers are separately recorded so that we know the true scale of the problem, enabling the police to respond accordingly.
Going back to why I am concerned about wholesale workers and others, any ambiguity in identifying whether an individual is a retail worker will likely lead the courts to take the case forward as common assault, meaning the specific recording attributed to a retail worker will not occur, which again goes back to the issue of data and recording. I stress that wholesale workers who are working in premises that provide retail sales to the public will be covered by the new offence in clause 14.
In order to help those in the wholesale sector, banking and other areas, including delivery drivers, there is the statutory aggravating factor for assaults against any public-facing worker in the Police, Crime, Sentencing and Courts Act 2022. That aggravating factor ensures that the courts treat the public-facing nature of a victim’s role as an aggravating factor when considering the sentence for an offence, and it sends a very clear message that violence and abuse towards any worker will not be tolerated.
In order to have a proper picture of what is happening, it is critical that incidents of violence and abuse are always reported to the police, no matter in what sector. I encourage businesses to raise awareness of the legislative changes that have been introduced to their organisations to encourage that reporting. I think it is fair to say that the reason the retail sector has been so powerful in making the case to both the previous Government and this Government is because they have that information and data, as they are reporting it. That is why they have been able to get to the point where this clause is now in the Bill.
I think new clause 20 on wholesale workers is currently unnecessary, although I absolutely recognise the intent of my hon. Friend the Member for Neath and Swansea East in tabling it. Again, I echo how unacceptable violence and abuse is towards anybody. In the light of the explanation that I have given in response to the amendments tabled by the hon. Member for Stockton West, I hope that he will agree not to press them to a vote.
Matt Vickers
I welcome the Minister’s comments, which were thoughtful, considered and knowledgeable, as ever. I also welcome her commitment to further the use of facial recognition technology, as well as data, to maximise its benefits. I did not get a commitment on whether the funding would continue, as it was set aside in previous years.
Dame Diana Johnson
I am happy to confirm that the £3 million allocated for the financial year 2024-25 has been continued. We have used that to buy 10 vans to help us with the roll-out of live facial recognition, about which I understand the shadow Home Secretary, the right hon. Member for Croydon South, is particularly concerned and anxious, so I can reassure him on that. We are now going through a spending review, and bids will be made for the technological tools that we want our police forces to have to catch criminals and keep us safe and secure.
Matt Vickers
I am confident that the Minister understands the huge value that this equipment can have, and I am sure that she will put up a good fight in any Treasury discussions.
Clearly, this is a huge issue to communities across the country. Some of the experiences faced by retail workers are horrific, and MPs are all too familiar with them. There are 2,000 incidents a day involving somebody’s mother, father, daughter, son or grandparent—ordinary people wanting to earn a living, and having to return to the scene of a crime day after day. It is easy to see the challenge the Minister faces in determining the breadth and limits of the Bill, with bids for the inclusion of high-street bank workers, delivery drivers and wholesale workers. I hope that, despite the competition, she will continue to look at how those workers can be better supported and protected.
Regarding tool theft, I pay tribute to the hon. Member for Portsmouth North and the Gas Expert, Shoaib Awan, for leading a huge campaign. I do not quite understand how the hon. Member for Sutton and Cheam was planning to slot the issue into the Bill, but he will be glad to know that some of us have done the homework, and there are some meaningful amendments to be considered later in the Committee’s scrutiny. In fact, I declare an interest: my dad is a builder.
Amendment 29 and new clause 26 seek to strengthen the Bill to deter those who would do harm to our retailers and retail workers, and we intend to divide the Committee on them—although I understand that the new clause will be decided on later.
Question put and agreed to.
Clause 14 accordingly ordered to stand part of the Bill.
Clause 15
Assault of retail worker: duty to make criminal behaviour order
Amendment proposed: 29, in clause 15, page 25, line 11, at end insert—
“(4) If the offender has previous convictions for an offence under section 14 of the Crime and Policing Act 2025 (assault of a retail worker) or for shoplifting under section 1 of the Theft Act 1968, the court must make a community order against the offender.”—(Matt Vickers.)
This amendment clause would require the courts to make a community order against repeat offenders of retail crime in order to restrict the offender’s liberty.
Question put, That the amendment be made.
The Chair
With this it will be convenient to discuss new clause 25—Requirements in certain sentences imposed for third or subsequent shoplifting offence—
“(1) The Sentencing Code is amended as follows.
(2) In section 208 (community order: exercise of power to impose particular requirements), in subsections (3) and (6) after ‘subsection (10)’ insert ‘and sections 208A’.
(3) After that section insert—
‘208A Community order: requirements for third or subsequent shoplifting offence
(1) This section applies where—
(a) a person is convicted of adult shoplifting (“the index offence”),
(b) when the index offence was committed, the offender had on at least two previous occasions been sentenced in respect of adult shoplifting or an equivalent Scottish or Northern Ireland offence, and
(c) the court makes a community order in respect of the index offence.
(2) The community order must, subject to subsection (3), include at least one of the following requirements—
(a) a curfew requirement;
(b) an exclusion requirement;
(c) an electronic whereabouts monitoring requirement.
(3) Subsection (2) does not apply if—
(a) the court is of the opinion that there are exceptional circumstances which—
(i) relate to any of the offences or the offender, and
(ii) justify the court not including any requirement of a kind mentioned in subsection (2), or
(b) neither of the following requirements could be included in the order—
(i) an electronic compliance monitoring requirement for securing compliance with a proposed curfew requirement or proposed exclusion requirement;
(ii) an electronic whereabouts monitoring requirement.
(4) In subsection (1)(b), the reference to an occasion on which an offender was sentenced in respect of adult shoplifting does not include an occasion if—
(a) each conviction for adult shoplifting for which the offender was dealt with on that occasion has been quashed, or
(b) the offender was re-sentenced for adult shoplifting (and was not otherwise dealt with for adult shoplifting) on that occasion.
(5) In this section—
“adult shoplifting” means an offence under section 1 of the Theft Act 1968 committed by a person aged 18 or over in circumstances where—
(a) the stolen goods were being offered for sale in a shop or any other premises, stall, vehicle or place from which a trade or business was carried on, and
(b) at the time of the offence, the offender was, or was purporting to be, a customer or potential customer of the person offering the goods for sale;
“equivalent Scottish or Northern Ireland offence” means—
(a) in Scotland, theft committed by a person aged 18 or over in the circumstances mentioned in paragraphs (a) and (b) of the definition of “adult shoplifting”, or
(b) in Northern Ireland, an offence under section 1 of the Theft Act (Northern Ireland) 1969 committed by a person aged 18 or over in those circumstances.
(6) Nothing in subsection (2) enables a requirement to be included in a community order if it could not otherwise be so included.
(7) Where—
(a) in a case to which this section applies, a court makes a community order which includes a requirement of a kind mentioned in subsection (2),
(b) a previous conviction of the offender is subsequently set aside on appeal, and
(c) without the previous conviction this section would not have applied,
notice of appeal against the sentence may be given at any time within 28 days from the day on which the previous conviction was set aside (despite anything in section 18 of the Criminal Appeal Act 1968).’
(4) After section 292 insert—
‘292A Suspended sentence order: community requirements for third or subsequent shoplifting offence
(1) This section applies where—
(a) a person is convicted of adult shoplifting (“the index offence”),
(b) when the index offence was committed, the offender had on at least two previous occasions been sentenced in respect of adult shoplifting or an equivalent Scottish or Northern Ireland offence, and
(c) the court makes a suspended sentence order in respect of the index offence.
(2) The suspended sentence order must, subject to subsection (3), impose at least one of the following requirements—
(a) a curfew requirement;
(b) an exclusion requirement;
(c) an electronic whereabouts monitoring requirement.
(3) Subsection (2) does not apply if—
(a) the court is of the opinion that there are exceptional circumstances which—
(i) relate to any of the offences or the offender, and
(ii) justify the court not imposing on the offender any requirement of a kind mentioned in subsection (2), or
(b) neither of the following requirements could be imposed on the offender—
(i) an electronic compliance monitoring requirement for securing compliance with a proposed curfew requirement or proposed exclusion requirement;
(ii) an electronic whereabouts monitoring requirement.
(4) Section 208A(4) (occasions to be disregarded) applies for the purposes of subsection (1)(b).
(5) In this section “adult shoplifting” and “equivalent Scottish or Northern Ireland offence” have the meaning given by section 208A.
(6) Nothing in subsection (2) enables a requirement to be imposed by a suspended sentence order if it could not otherwise be so imposed.
(7) Where—
(a) in a case to which this section applies, a court makes a suspended sentence order which imposes a requirement of a kind mentioned in subsection (2),
(b) a previous conviction of the offender is subsequently set aside on appeal, and
(c) without the previous conviction this section would not have applied,
notice of appeal against the sentence may be given at any time within 28 days from the day on which the previous conviction was set aside (despite anything in section 18 of the Criminal Appeal Act 1968).’”
This new clause imposes a duty (subject to certain exceptions) to impose a curfew requirement, an exclusion requirement or an electronic whereabouts monitoring requirement on certain persons convicted of shoplifting, where the offender is given a community sentence or suspended sentence order.
The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)
I thank the hon. Member for Stockton West for tabling new clause 25. As he will be aware, under the previous Government shop theft was allowed to increase at an alarming rate—it was up 23% in the year to September 2024—and more and more offenders are using violence and abuse against shop workers, as we have just debated.
This Government have committed to taking back our streets and restoring confidence in the safety of retail spaces, which is why we have brought in measures to address what is essentially immunity for so-called low-value shop theft, which the previous Conservative Government introduced. Shop theft of any amount is illegal, and by repealing section 22A of the Magistrates’ Courts Act 1980, we will help to ensure that everyone fully understands that.
Under section 22A, theft of goods worth £200 and under from shops is tried summarily in the magistrates court. The previous Government argued the legislation was introduced to increase efficiency, by enabling the police to prosecute instances of low-value theft. However, it has not worked. Both offenders and retailers perceive this effective downgrading of shop theft as a licence to steal and escape any punishment. Clause 16 therefore repeals section 22A.
Let me be unequivocal: shoplifting of any goods of any value is unacceptable, and it is crucial that the crime is understood to be serious. With this change, there will no longer be a threshold categorising shop theft of goods worth £200 and under as “low-value”. By removing the financial threshold, we are sending a clear message to perpetrators and would-be perpetrators that this crime will not be tolerated and will be met with appropriate punishment. The change also makes it clear to retailers that we take this crime seriously and they should feel encouraged to report it.
I turn to the shadow Minister’s new clause 25. The Government take repeat and prolific offending extremely seriously. I remind the Committee that sentencing in individual cases is a matter for our independent judiciary, who take into account all of the circumstances of the offence, the offender and the statutory purposes of sentencing. The courts have a broad range of sentencing powers to deal effectively and appropriately with offenders, including discharges, fines, community sentences, suspended sentences and custodial sentences where appropriate. In addition, as the Minister for Policing, Fire and Crime Prevention has already said, previous convictions are already a statutory aggravating factor. Sentencing guidelines are clear that sentencers must consider the nature and relevance of previous convictions, and the time elapsed since the previous conviction, when determining the sentence.
The Ministry of Justice continues to ensure that sentencers are provided with all tagging options, to enable courts to impose electronic monitoring on anyone who receives a community-based sentence if they deem it suitable to do so. It is important to note that electronic monitoring is already available to the courts when passing a community or suspended sentence. However, it may not always be the most appropriate requirement for an offender’s sentence. We believe that the courts should retain a range of options at their disposal, to exercise their discretion to decide on the most appropriate sentence and requirements.
We cannot consider this issue in isolation. This is why we have launched an independent review of sentencing, chaired by former Lord Chancellor David Gauke, to ensure that we deliver on our manifesto commitment to bring sentencing up to date and ensure the framework is consistent. The review is tasked with a comprehensive re-evaluation of our sentencing framework, including considering how we can make greater use of punishment outside of prison and how sentences can encourage offenders to turn their backs on a life of crime. The review has been asked specifically to consider sentencing for prolific offenders, to ensure that we have fewer crimes committed by those offenders. It is vital that we give the review time to finalise its recommendations, including on prolific offenders, so that we are able to set out our plans for the future of sentencing in the round.
On this basis, I commend clause 16 to the Committee and ask the hon. Member for Stockton West not to move his new clause when it is reached later in our proceedings.
Matt Vickers
Shop thefts are on the increase, with recorded crime data showing 492,124 offences in the year—a 23% increase on the previous year. The British Retail Consortium 2025 retail crime report suggests that despite retailers spending a whopping £1.8 billion on prevention measures, such crime is at record levels, with losses from customer theft reaching £2.2 billion.
As things stand, shop theft is not a specific offence but constitutes theft under section 1 of the Theft Act 1968. It is therefore triable either way—that is, either in a magistrates court or the Crown court. Section 22A of the Magistrates’ Court Act 1980, inserted by the Anti-social Behaviour, Crime and Policing Act 2014, provides that where the value of goods is £200 or less, it is a summary-only offence. Clause 16 amends the 1980 Act, the 2014 Act and others to make theft from a shop triable either way, irrespective of the value of the goods.
David Burton-Sampson
It was actually former Prime Minister Theresa May, when Home Secretary in 2013, who said that the new low-level threshold would “free up resources” and that
“Having to pass low-level offences to the Crown Prosecution Service wastes police time.”—[Official Report, 10 June 2013; Vol. 564, c. 75.]
I am not sure how shop workers and owners who have been subject to low-level crime over the last 10 years would feel about that. How does the hon. Gentleman feel about it?
Matt Vickers
I will probably come on to this later, but quick justice is effective justice. We do not want prolific offenders waiting for court dates in the Crown court, when we could be dealing with them more quickly.
There are two big debates about how this should play, and I am sure we will hear them at length in the Committee. There is a real issue with whether something that goes to the magistrates court is dealt with quickly or otherwise, but a lot of this is about perception and the £200. According to the impact assessment produced by the Government for the Bill, 90% of the offences of shop theft charged are for goods with a value under £200, so it is a myth that people are not being charged for offences under £200. Maybe we need to be telling retailers and police that, but people are still being charged for offences relating to goods of low value, and rightly so. If someone steals, there should be consequences, but it should be dealt with more quickly than waiting for a date in the Crown court.
We heard during the evidence sessions concerns about the impact that making theft from a shop triable either way will have. Giving offenders a choice between the Crown court and magistrates court will mean that they can opt for delays, and it will potentially result in a lower conviction rate. There are huge concerns that that could add to the backlog and further frustrate the system, and that the individuals concerned could continue to commit such crimes while awaiting justice. Oliver Sells KC said:
“Speedy justice is much more effective than slow justice.”––[Official Report, Crime and Policing Public Bill Committee, 27 March 2025; c. 20, Q29.]
A number of our witnesses seemed to share the perspective that delays to justice could come at a great cost. Does the Minister agree that, should the change lead to lengthy delays in justice, it could be counterproductive? Will she commit to reviewing the impact of the measure after a given time?
The change seems to be based entirely on a misperception that action is not taken on shoplifting of goods under £200 in value. The Government’s own impact assessment for the Bill confirms that the vast majority of shoplifting offences charged—in fact, 90%—are for goods under £200 in value. Matthew Barber, police and crime commissioner for Thames Valley, has submitted written evidence to the Committee on specifically this issue, in which he states:
“The current legislation means that in most circumstances theft below £200 will be dealt with at Magistrates Court. The idea that below £200 the police do not investigate or prosecute, let alone the courts convict, has been described as an urban myth. It is actually a clear message that has been promoted by the Home Secretary herself, despite evidence to the contrary. Many cases of shoplifting below £200 will be investigated by the police, arrests made and charges brought. Magistrates can convict and sentence for these offences and they do. Within current guidance there are also provisions that allow a case to be referred to the CPS for prosecution in the Crown Courts. This helps to deal with prolific offenders in particular.
So what is the problem that the Government is seeking to solve? If it is one of perception, then surely that is a perception in large part of their own making. At the time the changes were brought in it was estimated that it would remove approximately 50,000 cases from the CPS and Crown Courts. I do not know if the Home Office or the Ministry of Justice have made an assessment of the expected increase in cases going to the higher courts, but with the passage of time, increased reporting, and better policing of this crime it does not seem unreasonable to suggest that this proposed legislation could put 100,000 additional cases into an already overheated Crown Court system. In the majority of those cases I would hazard that offenders are likely to receive sentences that could have been delivered more swiftly and cost effectively by magistrates.
I am not suggesting that the proposed law will directly hinder the police in their work or directly lead to worse outcomes, however I can see no likely benefit to come from additional cost and delays being introduced to the system.”
Ordered, That the debate be now adjourned.—(Keir Mather.)
Crime and Policing Bill (Sixth sitting)
Thursday 3rd 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 Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 3 April 2025 - (3 Apr 2025)
The Committee divided: - Ayes: 4 / Noes: 10 - Question accordingly negatived.
The Chair
I remind the Committee that with this we are considering the following:
New clause 25—Requirements in certain sentences imposed for third or subsequent shoplifting offence—
“(1) The Sentencing Code is amended as follows.
(2) In section 208 (community order: exercise of power to impose particular requirements), in subsections (3) and (6) after ‘subsection (10)’ insert ‘and sections 208A’.
(3) After that section insert—
‘208A Community order: requirements for third or subsequent shoplifting offence
(1) This section applies where—
(a) a person is convicted of adult shoplifting (“the index offence”),
(b) when the index offence was committed, the offender had on at least two previous occasions been sentenced in respect of adult shoplifting or an equivalent Scottish or Northern Ireland offence, and
(c) the court makes a community order in respect of the index offence.
(2) The community order must, subject to subsection (3), include at least one of the following requirements—
(a) a curfew requirement;
(b) an exclusion requirement;
(c) an electronic whereabouts monitoring requirement.
(3) Subsection (2) does not apply if—
(a) the court is of the opinion that there are exceptional circumstances which—
(i) relate to any of the offences or the offender, and
(ii) justify the court not including any requirement of a kind mentioned in subsection (2), or
(b) neither of the following requirements could be included in the order—
(i) an electronic compliance monitoring requirement for securing compliance with a proposed curfew requirement or proposed exclusion requirement;
(ii) an electronic whereabouts monitoring requirement.
(4) In subsection (1)(b), the reference to an occasion on which an offender was sentenced in respect of adult shoplifting does not include an occasion if—
(a) each conviction for adult shoplifting for which the offender was dealt with on that occasion has been quashed, or
(b) the offender was re-sentenced for adult shoplifting (and was not otherwise dealt with for adult shoplifting) on that occasion.
(5) In this section—
“adult shoplifting” means an offence under section 1 of the Theft Act 1968 committed by a person aged 18 or over in circumstances where—
(a) the stolen goods were being offered for sale in a shop or any other premises, stall, vehicle or place from which a trade or business was carried on, and
(b) at the time of the offence, the offender was, or was purporting to be, a customer or potential customer of the person offering the goods for sale;
“equivalent Scottish or Northern Ireland offence” means—
(a) in Scotland, theft committed by a person aged 18 or over in the circumstances mentioned in paragraphs (a) and (b) of the definition of “adult shoplifting”, or
(b) in Northern Ireland, an offence under section 1 of the Theft Act (Northern Ireland) 1969 committed by a person aged 18 or over in those circumstances.
(6) Nothing in subsection (2) enables a requirement to be included in a community order if it could not otherwise be so included.
(7) Where—
(a) in a case to which this section applies, a court makes a community order which includes a requirement of a kind mentioned in subsection (2),
(b) a previous conviction of the offender is subsequently set aside on appeal, and
(c) without the previous conviction this section would not have applied,
notice of appeal against the sentence may be given at any time within 28 days from the day on which the previous conviction was set aside (despite anything in section 18 of the Criminal Appeal Act 1968).’
(4) After section 292 insert—
‘292A Suspended sentence order: community requirements for third or subsequent shoplifting offence
(1) This section applies where—
(a) a person is convicted of adult shoplifting (“the index offence”),
(b) when the index offence was committed, the offender had on at least two previous occasions been sentenced in respect of adult shoplifting or an equivalent Scottish or Northern Ireland offence, and
(c) the court makes a suspended sentence order in respect of the index offence.
(2) The suspended sentence order must, subject to subsection (3), impose at least one of the following requirements—
(a) a curfew requirement;
(b) an exclusion requirement;
(c) an electronic whereabouts monitoring requirement.
(3) Subsection (2) does not apply if—
(a) the court is of the opinion that there are exceptional circumstances which—
(i) relate to any of the offences or the offender, and
(ii) justify the court not imposing on the offender any requirement of a kind mentioned in subsection (2), or
(b) neither of the following requirements could be imposed on the offender—
(i) an electronic compliance monitoring requirement for securing compliance with a proposed curfew requirement or proposed exclusion requirement;
(ii) an electronic whereabouts monitoring requirement.
(4) Section 208A(4) (occasions to be disregarded) applies for the purposes of subsection (1)(b).
(5) In this section “adult shoplifting” and “equivalent Scottish or Northern Ireland offence” have the meaning given by section 208A.
(6) Nothing in subsection (2) enables a requirement to be imposed by a suspended sentence order if it could not otherwise be so imposed.
(7) Where—
(a) in a case to which this section applies, a court makes a suspended sentence order which imposes a requirement of a kind mentioned in subsection (2),
(b) a previous conviction of the offender is subsequently set aside on appeal, and
(c) without the previous conviction this section would not have applied,
notice of appeal against the sentence may be given at any time within 28 days from the day on which the previous conviction was set aside (despite anything in section 18 of the Criminal Appeal Act 1968).’”
This new clause imposes a duty (subject to certain exceptions) to impose a curfew requirement, an exclusion requirement or an electronic whereabouts monitoring requirement on certain persons convicted of shoplifting, where the offender is given a community sentence or suspended sentence order.
I remind hon. Members of the usual rules: no hot drinks in the Committee Room, please, and phones off. You may take your jackets off if you wish.
Matt Vickers (Stockton West) (Con)
It is a pleasure to serve under your chairmanship, Sir Roger. In the majority of these cases, I would hazard a guess that offenders are likely to receive sentences that could have been delivered more swiftly and cost-effectively by magistrates. I am not suggesting that the proposed law will directly hinder the police in their work, or directly lead to worse outcomes; however, I can see no likely benefit to come from additional costs and additional delays being introduced to the system.
Shoplifting cases below £200 can be—and are—dealt with effectively by the police. If that is not case in some areas, it should be a matter for operational improvement, not new legislation. Does the Minister know a single police force in the country that has a policy of not pursuing shoplifters for products under £200 in value? Also, do the Government believe that trying crimes under £200 as summary offences, or in the magistrates court, meant that they were effectively decriminalised? If so, why is the offence of assaulting a retail worker a summary-only offence?
I am sure we can play the politics of the backlog in the Crown court and have a long discussion about the cause and effect. I know that Government Members appreciated my brevity this morning, so I am keen to focus on the important measures in the Bill. The backlogs are real, and making them worse will have real consequences. At the end of September 2024, the backlog stood at an unprecedented high of 73,105 open cases. The Public Accounts Committee report examined that issue, with the Ministry of Justice acknowledging that
“unless action is taken, the backlog will continue to increase for the foreseeable future, even with the courts system working at maximum capacity.”
During oral evidence, there were significant discussions about the impact of clause 16, particularly on the Crown court. Oliver Sells spoke about the clause during the evidence session and he stated:
“I recognise that there is a great public anxiety about this particular issue. Shoplifting has become endemic and almost non-criminal at the same time. It is a curious dichotomy, it seems to me, but I do not think for a moment—I am sorry to be critical—that making theft from a shop, irrespective of value, triable either way is the right answer. What that will do, inevitably, is push some of these cases up into the Crown court from the magistrates court.
I understand the reasons behind it and the concerns of the Union of Shop, Distributive and Allied Workers and the like. However, I think it is the wrong way. One of the things we must do now in this country is reinforce the use and the range of magistrates courts, and bring them back to deal with serious low-level crimes that are very frequent in their areas. They know how to deal with them. They need the powers to deal with them. I still do not think their range of powers is strong enough. You need to take cases such as these out of the Crown court, in my judgment. I think it is a serious mistake. I can see why people want to do it”––[Official Report, Crime and Policing Public Bill Committee, 27 March 2025; c. 17, Q25.]
Harriet Cross (Gordon and Buchan) (Con)
At the evidence session last Thursday, the witnesses that we spoke to about this issue said that the magistrates court was the most appropriate place for these cases to be heard. Given they are the people who know the system best, we should certainly take that evidence onboard.
Matt Vickers
I think the measure probably comes from a very good place, if the Government really believe that police forces are not taking the action that they should on the theft of goods whose value is under £200, which people have described as being decriminalised. I do not think there is any evidence for that actually being the case, because 90% of such charges relate to goods under the value of £200. All police forces in the country, as far as I understand, have a policy of still going after people, even if the value of the goods is under £200. I do not know that this clause will solve the problem, but it could well create a problem in pushing so much to the Crown court.
Jack Rankin (Windsor) (Con)
I understand the point that the shadow Minister is making, which is supported by the shadow Whip, my hon. Friend the Member for Gordon and Buchan. However, is the point not that this perception does exist? Whether it is true in reality, the perception of this decriminalisation is powerful in and of itself. Is the Government’s move here not to remove that perception, and is that not desirable?
Matt Vickers
It is good to get rid of the perception, but it is all about the real-world consequences. As it stands, if there is such a perception, we need to smash it. People need to know that 90% of such charges relate to goods under the value of £200; it needs to be pushed out that this is a thing. When we look at retail crime overall, the biggest problem, which we tried to solve with our amendment to clause 15, is not only changing perceptions but ensuring that police forces realise that retail crime has huge consequences and needs to be prioritised. That is the fundamental problem, so it is about ensuring that the priorities are right. I do not think that changing the legislation in this space will solve that problem.
I want to go back to Oliver Sells, because I think he is a fascinating guy. He said:
“I think it is a serious mistake. I can see why people want to do it, because they want to signify that an offence is a very important in relation to shop workers. I recognise that; I have tried many cases of assaults on shop workers and the like, which come up to the Crown court on appeal, and we all know the difficulties they cause, but you will not solve the problem.”––[Official Report, Crime and Policing Public Bill Committee, 27 March 2025; c. 17, Q25.]
Sir Robert Buckland, the former Lord Chancellor, added:
“First of all, just to build on Mr Sells’s point on clause 16, I understand the huge concern about shoplifting and the perception among many shop proprietors in our towns and cities that, in some ways, it was almost becoming decriminalised and that action has to be taken. But the danger in changing primary legislation in this way is that we send mixed messages, and that the Government are sending mixed messages about what its policy intentions are.
Sir Brian Leveson is conducting an independent review into criminal procedure. We do not know yet what the first part of that review will produce, but I would be very surprised if there was not at least some nod to the need to keep cases out of the Crown court, bearing in mind the very dramatic and increasing backlog that we have. I think that anything that ran contrary to that view risks the Government looking as if it is really a house divided against itself.
It seems to me that there was a simpler way of doing this. When the law was changed back in 2014, there was an accompanying policy guideline document that allowed for the police to conduct their own prosecutions for shoplifting items with a value of under £200, if the offender had not done it before, if there were not other offences linked with it, if there was not a combined amount that took it over £200 and if there was a guilty plea.
What seems to have happened in the ensuing years is that that has built and developed, frankly, into a culture that has moved away from the use of prosecuting as a tool in its entirety. I think that that is wrong, but I do think that it is within the gift of Ministers in the Home Office and of officials in the Home Office and the Ministry of Justice to say, ‘That guidance is superseded. We hope, want and expect all offences to be prosecuted.’ That would then allow offences of under £200 to be prosecuted in the magistrates court. There is nothing in the current legislation that prevents any of that, by the way, and I think it would send a very clear message to the police that they are expected to do far more when it comes to the protection of retail premises.”––[Official Report, Crime and Policing Public Bill Committee, 27 March 2025; c. 18, Q26.]
The economic note for the legislation estimates that repealing the existing provision will result in approximately 2,100 additional Crown court cases in the first instance. It further states that, in the low scenario, cases entering the Crown court will not see an increase in average prison sentence length. In the high scenario, it assumes that these cases will now receive the average Crown court prison sentence, leading to an increase of 2.5 months per conviction. The central estimate falls between those extremes at 1.3 months, based on the assumption that cases involving theft under £200 are unlikely to receive the same sentences as those over £200.
That is reflected in a relatively wide range of possible prison sentences between the low and high estimates. What level of confidence can the Minister therefore provide on the number of people who will end up in prison, or end up in prison for longer, as a result of this move to the Crown court? Given that evidence, does this move, which appears to have a limited effect or outcome, outweigh the risk of prolonging the time it takes for victims to get justice, in the Minister’s view?
The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)
Let me address some of the points made by the shadow Minister, specifically on perception. There is a misconception that the threshold is used by police forces to determine whether to respond to reports of shoplifting, and that is simply not true. Police forces across England and Wales have committed to follow up on any evidence that could reasonably lead to catching a perpetrator, and that includes shoplifting; however, as we have heard, the measure has impacted the perception of shop theft among retailers, and would-be perpetrators who believe that low-value shoplifting will go unpunished and that the offence is not being taken seriously. The clause will send a clear message to those planning to commit shop theft of goods worth any amount that this crime will not be tolerated and will be met with appropriate punishment.
Let me turn to the impact on our courts. It was quite heartening to finally hear the Opposition mention their concern about the impact on our Crown court backlogs, given how we got there in the first place. The Government recognise that the courts are under unprecedented pressure, and we have debated why that is on separate occasions; however, we do not anticipate that the measure will add to that impact. The vast majority of shop theft cases are currently dealt with swiftly in the magistrates court, and we do not expect that to change as a result of implementing the measure. Even with the current £200 threshold in place, defendants can elect for trial in the Crown court, but they do so infrequently. Removing the threshold and changing low-value shop theft to an either-way offence will not impact election rights, and is therefore unlikely to result in increased trials in the Crown court.
Separately, as the shadow Minister noted, in recognition of the courts being under unprecedented pressure due to the inheritance we received from the Tory Government, we have commissioned an independent review of the criminal courts, led by Sir Brian Leveson. It will recommend options for ambitious reform to deliver a more efficient criminal court system and improved timeliness for victims, witnesses and defendants, without jeopardising the requirement for a fair trial for all involved.
Joe Robertson (Isle of Wight East) (Con)
I want to understand the logic of what the Minister is saying. She seems to be saying that the change to allow cases to be heard in the Crown court will be a deterrent, but she does not envisage an increase in cases being heard in the Crown court. Is she aware—I am sure she is—that it is up to the defendant to elect where their case is heard, and that the conviction rate is actually lower in the Crown court? I am concerned about the unintended consequences that more cases could be heard in the Crown court, which is more expensive, and involves a judge and a jury, for stealing perhaps a bottle of wine. It is quite extraordinary.
Alex Davies-Jones
I recognise the hon. Member’s concerns; he has pre-empted my next point. To confirm, it is already currently an electable either-way offence and the vast majority of cases are tried in the magistrates court, but I will come to the modelling and the percentages right now.
Based on current data from the magistrates courts, an average of 5% of individuals in the last three years charged with shop theft—of any value—proceed to trial or are committed for sentencing in the Crown court. Around 88% of shop theft cases involved goods valued at £200 or less. For cases of theft over £200, approximately 40% of cases went to the Crown court. We have modelled a low, central and high scenario within the published economic note on this measure. The low scenario assumes that 1% of charges for shop theft under £200 would proceed to the Crown court, with the central and high scenarios assuming 8% and 14% respectively. It is also important to note that we have expanded the sentencing powers of the magistrates court and extended sitting time in the Crown court to reduce the backlog. The increased sentencing powers in magistrates courts have freed up the extent of 2,000 further sitting days in Crown courts to enable them to be used for the most serious cases, which is what they are they for.
Alex Davies-Jones
I will not give way because I am conscious of time.
Let me turn to the final point on the impact on prison places, because the shadow Minister also raised concerns about that. Again, it is important to note that the Opposition are now raising concerns about the impact on our prisons after the inheritance we received from them. Prisons almost ran out of places last summer, which was a complete dereliction of duty and responsibility; they ran the prison system to the point of our entire criminal justice system collapsing. We, as a Government, have taken action to address that, and have carefully assessed how the change can be managed to ensure that we do not place further pressure on our prisons. I commend the clause to the Committee.
Question put and agreed to.
Clause 16 accordingly ordered to stand part of the Bill.
The Chair
Just before we proceed, I am conscious that the hon. Member for Isle of Wight East stood up, very late. I cannot make an exception, though he is pretty new here. When the Chair has called the Minister to wind up, there are then no further speeches. Prior to that, Members may intervene as often as they like. I am afraid we do have to stick by the rules.
Clause 17
Child criminal exploitation
Harriet Cross
Amendment 1, tabled by the hon. Member for Neath and Swansea East (Carolyn Harris), seeks to increase the increase the penalty on conviction on indictment to imprisonment for life. That would bring the punishment for child criminal exploitation in line with the maximum sentences for crimes such as murder, hostage taking, armed robbery, or possession of a class A drug with intent to supply. Life imprisonment is typically reserved for the most serious crimes, where society wishes to ensure public safety, deliver justice for victims and sufficiently punish perpetrators. Amendment 1 seems a reasonable amendment considering the devastating impact that CCE has on individual children, communities and crime levels across the UK.
Child criminal exploitation is a coward’s crime committed by those willing to engage in criminal activities such as drug and weapon dealing yet unprepared to get their own hands dirty. They instead prefer to put children, often very vulnerable and impressionable ones, in harm’s way, exposing them to crime and in many cases sentencing them to a life of crime. The impact on these children is multifaceted, up to and including their own death. Of course, consideration is needed of the impact of life imprisonment on prison places and resources, but it is vital where there is a need to, first, properly punish and, secondly, deter perpetrators of child criminal exploitation with a sentence commensurate to the scale of the crime.
Matt Vickers
This amendment would significantly increase the maximum penalty for offences outlined in clause 17 by removing the existing penalties in subsections (3)(a) and (3)(b) and replacing them with stricter sentencing provisions. The amendment would introduce life imprisonment as the maximum penalty for those convicted on indictment in the Crown court, while maintaining the ability of the magistrates court to impose a sentence up to the general limit, a fine, or both for summary convictions.
The effect of the amendment would be to significantly strengthen the legal consequences for those found guilty of child criminal exploitation, the worst of the worst offences. By allowing for life imprisonment, the amendment underscores the grave nature of these offences, bringing them in line with other serious criminal acts that warrant the highest level of sentencing. Punitive measures play a crucial role in both deterring criminal behaviour and ensuring the protection of society, particularly when dealing with serious offences, such as child criminal exploitation. Strong sentencing frameworks serve as a clear warning that such crimes will not be tolerated, dissuading potential offenders from engaging in illegal activities due to the fear of severe consequences. By imposing harsh penalties, including lengthy prison sentences, the justice system sends an unambiguous message: those who exploit, coerce or harm others, especially vulnerable individuals such as children, will face the full force of the law.
The amendment would act as a preventive mechanism, discouraging not only the individuals directly involved in criminal activity but those who may be considering engaging in similar offences. Punitive measures are essential for protecting victims and the wider public. By ensuring that offenders face substantial consequences, the justice system helps to incapacitate dangerous individuals, preventing them from reoffending and reducing the risk to others. That is particularly important in cases where offenders pose a long-term threat, such as organised criminal networks involved in child exploitation.
Furthermore, the retention of the magistrates court’s ability to impose a lesser penalty ensures there is proportionality in sentencing, allowing for differentiation between varying levels of criminal involvement. This approach ensures that although the most serious offenders may face life imprisonment, lesser offenders are still subject to significant penalties without overburdening the Crown court system. Ultimately, the amendment seeks to deliver a strong message of deterrence, making it clear that child criminal exploitation will not be tolerated and that those who commit such offences will face the harshest legal consequences available under UK law.
Joe Robertson
It is a pleasure to serve under your chairmanship, Sir Roger. Speaking to the last clause we debated, the Under-Secretary of State for Justice talked about the deterrent value of making the offence triable either way. A significant part of the amendment is about the deterrent value of the length of prison sentence available for someone convicted of child criminal exploitation—a horrendous crime. The adult involved uses and exploits the child, and also exploits the way the police operate by putting the criminal activity in the child’s hands. Time and again, the criminals use this as a way to avoid arrests for moving drugs around the countryside or a town, because they believe the police will not arrest a child who is perpetrating the criminal activity because they are being instructed to do so. This activity has increased in recent years—so far it has not been a criminal offence—and helps the movement of drugs. Not only does it have an impact on the children involved, but it means that drug use and drug dealing proliferates in hotspots and more generally. It can also include the movement of offensive weapons, which is another area where activity in certain hotspots has got worse.
If the new provision, which I support, is to have the added desired weight and deterrent effect to stop people engaging in child criminal exploitation, it needs the amendment that the hon. Member for Neath and Swansea East tabled to increase the length of sentencing. Only then will the police feel emboldened to go after those horrendous criminals who exploit children. I urge the Minister to consider the amendment, which would have the biggest possible deterrent effect, and use the arguments of her hon. Friend to ensure that the provisions are as strong as possible.
The Minister for Policing, Fire and Crime Prevention (Dame Diana Johnson)
Good afternoon, Sir Roger. Looking at amendment 1 before we go on to discuss clause stand part—
Dame Diana Johnson
Yes, that is what I meant, Sir Roger. I am sorry to cause confusion.
Amendment 1 seeks to increase the maximum penalty for the new offence of child criminal exploitation in clause 17 from 10 years’ imprisonment to life imprisonment. I fully support a maximum penalty that reflects the seriousness of the offence, which holds people who criminally exploit children to account and acts as a clear warning to would-be perpetrators who might target children for their own criminal gain. However, a maximum penalty must be fair and proportionate. A life sentence is an extremely high bar, reserved for the gravest offences such as murder and rape. Ten years’ imprisonment is a very serious maximum penalty that reflects the significant physical, psychological and emotional harm done to the child. It reflects the damage done to a child’s life chances by inducing them into a criminal lifestyle, and to their welfare by subjecting them to coercive behaviours that may be traumatic and long-lasting.
To be clear, the penalty imposed for the child criminal exploitation offence does not punish perpetrators for conduct that would amount to a separate offence. It does not punish the perpetrator for the offence that they intend the child to commit—for example, drug supply. Harmful acts done to a child as part of their exploitation that would amount to a separate offence can be punished under those offences in addition to the child criminal exploitation offence. For example, an assault against a child to ensure their compliance that amounts to causing grievous bodily harm with intent to do so will be subject to the maximum penalty for that offence, which is life imprisonment.
When deciding what sentence to impose, the courts are required to take into account the full circumstances of the offence and the offender. This includes the culpability of the offender, the harm they caused, and any aggravating or mitigating factors, to ensure that the overall sentence imposed on the offender is just and proportionate. Looking at the sentencing framework across the criminal law in England and Wales, the Government are of the view that a 10-year maximum penalty for child criminal exploitation is appropriate and comparable to offences that involve similar behaviours.
Jo Platt (Leigh and Atherton) (Lab/Co-op)
I beg to ask leave to withdraw the amendment.
The Chair
Order. Let me explain the situation. The amendment has been moved on behalf of a Member who is not present. Once it is moved, it becomes the property of the Committee. The mover of the amendment has indicated that she does not wish to press it. My Question to the Committee therefore has to be the following: is it your pleasure that the amendment be withdrawn?
The Chair
Order. That Question was not divisible, so the moment anybody objects, I have to put the substantive Question to the Committee.
Question put, That the amendment be made.
The Chair
This is an unusual situation, but for future guidance, Ms Platt, you would be on safer ground if, under those rather bizarre circumstances, you abstained. It would not have affected the outcome of the Division—but we are where we are.
Dame Diana Johnson
I beg to move amendment 10, in clause 17, page 26, line 29, at end insert—
“(4) In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply), after paragraph 36C insert—
‘Crime and Policing Act 2025 (c. 00)
36D An offence under any of the following provisions of the Crime and Policing Act 2025—
section 17 (child criminal exploitation)’.”
This amendment excepts the offence of child criminal exploitation from the defence in section 45 of the Modern Slavery Act 2015.
The Chair
With this it will be convenient to discuss the following:
Clause stand part.
New clause 8—Definition of Child Exploitation—
“(1) For the purposes of this Act, ‘child exploitation’ means any act, recruitment, or conduct by a person (A) aged over 18 involving a person (B) under the age of 18 that—
(a) takes advantage of the child (person (B)) for financial, sexual, labour, or other personal gain; and
(b) causes, or is likely to cause, physical, psychological, emotional, or economic harm to the child (person (B));
(2) Child exploitation includes, but is not limited to—
(a) Sexual Exploitation: The involvement of a child in sexual activities for gain;
(b) Labour Exploitation: The recruitment of a child into any form of work that is hazardous or interferes with their education and development;
(c) Criminal Exploitation: The use of a child to commit or facilitate criminal activities; and
(d) Economic Exploitation: The use of a child’s labour, image, or creative work for commercial gain without appropriate compensation or safeguards, including online influencer exploitation, or child performers being denied legal protections;
(3) A child (person (B)) is deemed unable to provide valid consent to any act constituting exploitation under this section.”
Dame Diana Johnson
Clause 17 provides for a new offence of child criminal exploitation. The offence will criminalise any adult who exploits a child by intentionally using them to commit criminal activity, and will carry a maximum penalty of 10 years’ imprisonment. Child criminal exploitation is a form of child abuse that is often committed by criminal gangs, which prey on the vulnerability of a child to groom and manipulate them into committing crimes, such as county lines drug running, organised robbery and many more offences. Perpetrators expose victims to violence, threats and intimidation, causing serious physical, psychological and emotional harms, which have devastating and long-lasting impacts on their childhood, as well as their future life chances.
Harriet Cross
Clause 17 creates a new stand-alone offence to prosecute adults committing child criminal exploitation, to prevent exploitative conduct committed by adults against children from occurring or re-occurring. Child criminal exploitation is a heinous crime targeting young, vulnerable and impressionable children in a range of ways, which too often leads to the child being criminalised, endangered, injured or even killed.
The 2018 serious violence strategy defined child criminal exploitation as occurring where
“an individual or group takes advantage of an imbalance of power to coerce, control, manipulate or deceive a child or young person under the age of 18… The victim may have been criminally exploited even if the activity appears consensual. Child Criminal Exploitation does not always involve physical contact; it can also occur through the use of technology.”
As per that definition, the criminal exploitation of children often sees them coerced, compelled, groomed or forced to take part in the supply of drugs and transportation of the associated money and weapons for the perpetrator. In England, the latest children in need census data for assessments in the year ending 31 March 2024 recorded 15,750 episodes in which child criminal exploitation was identified as a concern. There were 10,180 episodes in which children being part of a street or organised crime gang was identified as being a concern.
Perhaps the example of child criminal exploitation that is referred to most frequently involves county line gangs. County lines is a risky, violent and exploitative form of contraband distribution, largely and mainly of drugs. County lines commonly uses children, young people or even vulnerable adults, who are perceived as being either indebted to or misled by those running the operation. They are instructed to deliver and/or store drugs, weapons, and money for dealers or users locally, across established county lines, or on to anywhere that can be considered as “not their turf”.
Police data published by the National County Lines Co-ordination Centre in its county lines strategic threat risk assessment showed that 22%—more than one in five—of individuals involved in county lines in 2023-24 were children, which is equivalent to 2,888 children. The risk assessment also found that most children involved in county lines are aged 15 to 17, and that they are mainly recorded as undertaking the most dangerous runner or workforce roles in the drugs supply chain and linked to exploitation. However, such exploitation can be difficult to identify, so we welcome any move to crack down on child criminal exploitation, shine a light on this crime, and better equip those working on the frontline to identify, tackle and prevent more children from being exploited for criminal intent.
Clause 17 makes it an offence for anyone over the age of 18 to engage
“in conduct towards or in respect of a child, with the intention of causing the child to engage in criminal conduct”,
or where the child is under 13 or where the perpetrator
“does not reasonably believe that the child is aged 18 or over.”
A person who commits an offence will be tried with child criminal exploitation being an either-way offence and will be liable for an imprisonment or a fine, or both.
I ask the Minister to reflect on the suitability of using the age of 13 and under. Why was that age chosen, rather than an older age—say, 15 or 16? What discussions has she had with the Scottish Government and the Northern Ireland Assembly in the light of the fact that CCE—especially county lines—does not recognise or care about internal land or maritime borders?
Matt Bishop (Forest of Dean) (Lab)
It is a pleasure to serve under your chairmanship, Sir Roger. As we have heard from both sides of the Committee, child criminal exploitation is one of the most appalling forms of abuse, in which children are manipulated or coerced into engaging in criminal activity, often by criminal gangs. Victims are frequently subjected to violence, threats and intimidation, leaving them vulnerable to long-term harm. The impact is devastating, and indeed, robs them of their safety and reduces their life chances.
As has been said, clause 17 specifically targets adults who exploit children for criminal activities. It ensures that if a child is manipulated into criminal acts—or even consents to such acts—the responsible adult can still be held criminally accountable. I am pleased that the clause is included within the Bill. It is not just another provision but a decisive measure that will significantly strengthen the ability of our police forces to tackle the grave issue of adult exploitation of children in criminal contexts.
The clause aligns with the broader aims of the Bill, which focuses on addressing the intent behind criminal activity—an essential step in ensuring that those with malicious intent cannot evade justice. The Government’s commitment to closing loopholes that have, for far too long, allowed individuals to evade justice is commendable. We have witnessed far too many cases where the exploitation of children has gone unchallenged, simply because the law has not been robust enough to confront it directly. With this clause, we are making it clear that any adult seeking to exploit children for criminal purposes will face the full force of the law.
The provision represents a significant step forward, not only in terms of the legal framework, but in our ongoing efforts to protect young people from exploitation. It is a win for justice, a win for vulnerable children and a win for the nation, as we take a stronger stance against those who would harm our future generations. Furthermore, we are providing a path to redress for victims. I have said before in this place that prevention is always better than detection, but those children who have already been subjected to this horrific exploitation will now have the opportunity to see justice, too.
Clause 17 marks a crucial turning point in our fight to protect children from exploitation. It holds offenders accountable, provides a framework for justice, and sets the stage for a more comprehensive and co-ordinated approach to safeguarding young people. This is a significant step towards the protection of our children, and one that we should all support.
Matt Vickers
I join the Minister in thanking and congratulating those who have campaigned to deliver this important change. Clause 17 rightly introduces a new criminal offence targeting adults who exploit children by coercing or encouraging them to engage in criminal activities. It is designed to address the growing problem of gangs, drug networks and other criminal groups using children to carry out illegal acts such as drug trafficking, theft or violence.
Child criminal exploitation is a scourge on our society —one that ruins lives, fuels violence and allows dangerous criminals to operate in the shadows, free from consequence. For too long, gangs and organised crime groups have preyed on the most vulnerable in our communities, grooming children, exploiting them and coercing them into a life of crime. These criminals do not see children as young people with futures; they see them as disposable assets, easily manipulated, easily threatened, and, in their eyes, easily replaced.
This exploitation is frequently linked to county lines drug trafficking, where children are exploited and coerced into transporting drugs across different regions. According to the Home Office, a key characteristic of county lines operations is
“the exploitation of children, young people and vulnerable adults,”
who are directed to transport, store or safeguard drugs, money or weapons for dealers or users, both locally and across the country.
Child exploitation is linked to a broad range of criminal activities, from local street gangs operating on a postcode basis to highly sophisticated organised crime groups with cross-border operations. The UK Government’s serious and organised crime strategy estimates that organised crime, including county lines drug networks, costs the country £47 billion annually. A single county line can generate as much as £800,000 in revenue each year.
Under the previous Conservative Government, the Home Office launched the county lines programme in 2019 to tackle the harmful drug supply model, which devastates lives through exploitation, coercion and violence. County lines gangs often target the most vulnerable people, manipulating and coercing them into debt and forcing them to transport and sell drugs. A key part of the county lines programme lies in victim support, to ensure that young people and their families have the support they need as they escape the gangs. More than 2,000 county lines were dismantled between June 2022 and December 2023, as the Government hit their target of closing thousands of those criminal networks early.
The Parliamentary Under-Secretary of State for the Home Department (Jess Phillips)
When thousands of county lines were being shut down, can the hon. Member tell me how many people in the same period were sentenced for the modern slavery crimes that they should have been in the closure of all those lines? In fact, was anybody?
Matt Vickers
The Minister would have a better chance of knowing that than even me. But I will tell her what: one case is one too many, and that is why I am glad to see the Bill, which will bring forward measures to tackle just that.
Between April 2022 and September 2023, more than 4,000 arrests were made, while 4,800 vulnerable people caught up in those vile operations were offered support to turn their lives around. Between April and September 2023, over 700 lines were dismantled, 1,300 arrests made and 1,600 victims were supported.
I would like to mention a story that was included in the Home Office’s press release on the work, which I found inspiring. Liam, not his real name, turned his back on county lines criminality due to Catch22’s work. Liam was referred to Catch22 by social services after a raid at his home found his mother and brother in possession of class A and class B drugs, alongside £3,000 in cash. A subsequent raid found 11 bags of cannabis and weapons. Care workers were concerned that Liam was going down the same path as his family, and referred him to Catch22 for support. Liam was resistant to support at first, but the people at Catch22 were able to build a relationship with him and help him to understand the dangers of getting involved in county lines and drug use, and how to recognise and avoid criminal exploitation.
Liam never missed a session with Catch22, and his attendance and performance at college subsequently improved. He has now moved on to a construction college, knowing that support is there if he is struggling. Liam is just one of hundreds of young people who, since 2022, have been supported by Home Office-funded victim support services, which ensure that vulnerable, hard-to-reach people can, with support, make different choices and turn their backs on a life of criminality.
Action for Children warns that the crisis of child exploitation is worsening, while the absence of a legal definition means that there is no unified data collection across the UK. The available evidence highlights the scale of the issue. In 2023, the national referral mechanism, which identifies potential victims of modern slavery and criminal exploitation, received 7,432 child-related referrals, an increase of 45% since 2021. Criminal exploitation was the most common reason for referral—there were 3,123 cases, with more than 40% linked to county lines activity.
Additionally, between April 2022 and March 2023, 14,420 child in need assessments in England identified criminal exploitation as a risk, up from 10,140 the previous year. Children as young as 11 or 12 years old are being recruited by gangs, forced to transport drugs across the country, and coerced into shoplifting, robbery and even serious violent offences. These children are often threatened, beaten and blackmailed into compliance. Once they are caught in the system, it is incredibly difficult for them to escape. The clause says it is child criminal exploitation if
“the person engages in conduct towards or in respect of a child, with the intention of causing the child to engage in criminal conduct (at any time), and
(b) either—
(i) the child is under the age of 13”.
Can the Minister explain why there is a cut-off at the age of 13?
Jess Phillips
I want to reassure the hon. Member on the delay, which has been halved since its peak in 2022, since this Government came to office.
Matt Vickers
I welcome any progress that the Minister might make in that space, and I look forward to her doing even more with the measures that we are putting through today.
Matt Vickers
Well, okay, we are not—I take your word for it.
The review also highlighted that, in Scotland, the Human Trafficking and Exploitation (Scotland) Act 2015 requires the Lord Advocate to issue instructions that prosecutors should have a presumption against the prosecution of exploited children. However, that addresses only criminal offences linked to exploitation and does not offer protection at an earlier stage.
We welcome that the Bill makes it absolutely clear that adults who encourage or coerce a child into criminal activity will face serious consequences. They will no longer be able to hide behind children, using them as pawns while evading justice themselves.
The Jay review was also clear that the current approach is far too lenient on exploiters. The number of prosecutions in England and Wales under the Modern Slavery Act remain strikingly low. Only 47 prosecutions were brought under that Act between January and June 2023, resulting in just 24 convictions. That stands in stark contrast to the scale of enforcement activity under the county lines programme, which has led to the arrest of 15,623 adults and children in England and Wales since 2019.
A similar trend is evident in Scotland: between 2020-21 and 2022-23, 116 individuals reported to the Crown court for offences under the Human Trafficking and Exploitation (Scotland) Act. Of those, 92 cases were escalated to petition or indictment, while only two were prosecuted on summary complaint. In the first half of 2023, 24 individuals were reported for offences under the Act, with 13 of those cases proceeding to petition or indictment.
Those figures highlight a significant gap between the scale of child exploitation-related crime and the relatively low number of prosecutions and convictions. While thousands of individuals have been arrested in connection with county lines activity, very few cases progress to successful prosecution under modern slavery legislation. That suggests a need for stronger enforcement mechanisms, improved evidence gathering and greater legal support to bring more offenders to justice.
The Minister will no doubt be aware that both Catch22 and Action for Children, two leading organisations in youth support and child protection, have welcomed the measures set out in this chapter. They recognise the importance of tackling child criminal exploitation and holding those responsible to account. However, both organisations have emphasised that legislative action alone is not enough and have called on the Government to go further by introducing a comprehensive national strategy to address child criminal exploitation.
Paul Carberry, the chief executive of Action for Children, said that Action for Children
“strongly welcome both the new offence of criminally exploiting children and the new prevention orders in today’s Crime and Policing Bill, which we called for in our Jay Review last year.
These measures will help to protect children across the country who are being preyed upon by criminals and put in danger. But we need to go further. The government’s proposals will only protect children who have already been exploited.
That’s why we need a comprehensive national strategy that ensures that children at risk of criminal exploitation are identified and safeguarded at the earliest opportunity.”
Members will have read the written evidence submitted by Every Child Protected Against Trafficking, a leading children’s rights organisation working to ensure that children can enjoy their rights to protection from trafficking and transnational child sexual exploitation. It campaigns for and supports children everywhere to uphold their rights to live free from abuse and exploitation through an integrated model involving research, policy, training and direct practice. Its vision is to ensure that:
“Children everywhere are free from exploitation, trafficking and modern slavery”.
In regard to clause 17, Every Child Protected Against Trafficking said:
“We welcome the introduction of a specific offence of Child Criminal Exploitation (CCE) and the Government’s commitment to tackling this serious child protection issue. Recognising CCE in law is a vital step towards improving protection for children and ensuring that those who exploit children for criminal gain are held to account. However, more remains to be done to ensure that this legislation is as effective as possible. To strengthen this legislation, we call for sentencing parity with the Modern Slavery Act 2015 and the introduction of a clear statutory definition of child exploitation, ensuring a unified and robust approach to tackling this abuse.”
What are the Minister’s thoughts on whether the measures set out by Action for Children would be a good step to achieving that? What further steps might she consider? A national strategy could provide a cohesive, long-term framework for tackling the root causes of exploitation, ensuring that law enforcement, social services, education providers and community organisations work together to protect vulnerable children. It would focus on not just prosecution but prevention, early intervention and victim support, ensuring that children caught up in criminal exploitation receive the help they need to escape and rebuild their lives. Has the Minister given serious consideration to those proposals?
Turning to clause 17, any adult who deliberately causes, encourages or manipulates a child into committing a crime, whether through grooming, coercion, threats or exploitation, will face severe legal consequences, including a prison sentence of up to 10 years. This provision aims to crack down on those who prey on vulnerable children, by using them to carry out criminal activities, while evading direct involvement themselves.
Tougher sentences are essential to deterring crime, ensuring justice for victims and reinforcing public confidence in the legal system. When penalties are lenient, criminals may feel emboldened because they believe that the risk of punishment is minimal compared with the potential gains of their illicit activities. A strong sentencing framework sends a clear message that crime will not be tolerated and that those who break the law will face severe consequences.
This is particularly crucial in cases of serious offences, such as child exploitation, drug trafficking and violent crime, where the harm caused to victims and communities is profound and long lasting. Studies have shown that the certainty and severity of punishment play a significant role in influencing criminal behaviour: individuals are less likely to engage in unlawful acts if they know that they will face lengthy prison sentences or substantial financial penalties.
Additionally, tougher sentences serve as a crucial tool for incapacitation, by preventing repeat offenders from causing further harm. For example, in the context of organised crime, longer prison terms disrupt criminal networks and limit their ability to recruit new victims. Beyond deterrence and public safety, stricter sentencing also upholds the principles of justice by ensuring that punishment is proportionate to the severity of the offence. It provides closure to victims and reassures society that the law is being enforced effectively.
Although rehabilitation remains an important component of the criminal justice system, it must be balanced with punitive measures that deter crime and protect the most vulnerable, particularly children, who are often targeted for exploitation. Strengthening sentencing laws is not just about punishment; it is about preventing crime, protecting communities and ensuring that justice is delivered with the seriousness it demands.
But do not just take my word for it. The written evidence submitted by Every Child Protected Against Trafficking raises a key concern about
“the disparity in sentencing between offences prosecuted under the Modern Slavery Act 2015 and those brought under the proposed CCE offence, which risks undermining the severity of this form of exploitation. The proposed sentencing for Child Criminal Exploitation is 10 years, shorter than the penalties under the Modern Slavery Act 2015 which are life imprisonment, creating a perverse incentive where those who exploit children for criminality may face a lesser sentence than those prosecuted under modern slavery legislation. This undermines the severity of the offence and risks weakening deterrence against those that systematically exploit children.”
What assessment has been made of the Bill’s potential deterrent effect? Does the Minister believe that the 10-year maximum sentence is sufficient to dissuade criminal networks from exploiting children?
Every Child Protected Against Trafficking also states:
“Enforcement of the Modern Slavery Act 2015, as noted by the Home Affairs Committee 2023 report on Human Trafficking, ‘remains woefully inadequate’, with worryingly low levels of law enforcement responses to them in comparison to the number of children who are exploited”.
It also highlights that, as we have already discussed, child trafficking
“remains a low-risk, high-profit crime, and the persistently low prosecution and conviction rates for child trafficking and exploitation offences do not converge with the high numbers of children being referred into the NRM. Data provided by some police forces to the Insight team of the Modern Slavery and Organised Immigration Crime Unit (MSOIC Unit) showed that in October 2024, police in England and Wales were dealing with at least 2,612 live modern slavery investigations with most of these (59%) primarily involved tackling criminal exploitation. In November, the CPS provided data to the Independent Anti-Slavery Commissioner on human trafficking flagged offences cross-referenced with child abuse-flagged offences for England and Wales which showed a decrease in prosecutions and convictions between 2021 and 2023. In 2021, there were 32 prosecutions and 23 convictions, this decreased to 19 prosecutions and 15 convictions in 2022. Prosecutions remained the same in 2023 with 13 convictions.”
I would therefore be grateful if the Minister could elaborate on her confidence in the effectiveness of the measures in clause 17.
Jess Phillips
Does the hon. Member recognise that the reason why this Bill is going on to the statute book is because of the woeful record of criminalising those people? When exactly did his party change its mind on this? Every time I tabled such an amendment, as I did on a number of Bills when the Conservatives were in government, they said “No”.
Matt Vickers
I realise that, in some of these very sensitive areas, some people still want to play politics and talk about the history of one party or another. This is a really serious thing with really serious consequences, particularly in my part of the world, so I will leave the Minister to form her own opinions about the ups and downs of it. I support this, and I am keen to see it progress.
Every Child Protected Against Trafficking said:
“Data provided by some police forces to the Insight team of the Modern Slavery and Organised Immigration Crime Unit…showed that in October 2024, police in England and Wales were dealing with at least 2,612 live modern slavery investigations with most of these (59%) primarily involved tackling criminal exploitation. In November, the CPS provided data to the Independent Anti-Slavery Commissioner on human trafficking flagged offences cross-referenced with child abuse-flagged offences for England and Wales which showed a decrease in prosecutions and convictions between 2021 and 2023. In 2021, there were 32 prosecutions and 23 convictions, this decreased to 19 prosecutions and 15 convictions in 2022. Prosecutions remained the same in 2023 with 13 convictions.”
As such, I would be grateful if the Minister could elaborate on her confidence in the effectiveness of the measures set out in clause 17, particularly on the introduction of a distinct offence of child criminal exploitation.
Jess Phillips
On a point of order, Sir Roger. Is there something in Standing Orders about repetition and the length of speeches? I think the shadow Minister, perhaps unintentionally, has read out the same page twice. I am just trying to help him out.
The Chair
Order. I am quite sure the Minister was not suggesting that anybody was out of order, because if they had been out of order, I would have said so.
Matt Vickers
Given the historically low number of prosecutions in this area, does the Minister believe that the new offence will provide the necessary legal framework to improve enforcement, to increase accountability for perpetrators, and to ensure that more cases result in successful prosecutions? Furthermore, what additional steps, if any, does she perceive being necessary to support the implementation of the provision and enhance its impact?
Jack Rankin
It is a pleasure to serve under your chairmanship, Sir Roger. I rise to support clause 17, which creates the new offence of child criminal exploitation. For too long, we have all heard about the scourge of county lines gangs and the harm being done to children. They are usually already the most vulnerable children in society, before being used by adults to undertake and engage in criminal activity. It is right and proper that we make this a separate criminal offence.
Specific guidance, “Criminal exploitation of children and vulnerable adults: county lines,” was published by the Government of the former right hon. Member for Maidenhead. It was primarily aimed at frontline staff in England and Wales who work with children, young people and vulnerable adults—including professionals working in education, health, adult and children’s social care, early help family support, housing, the benefits system, policing, prisons, probation, youth justice, multi-agency partnerships and related partner organisations in, for example, the voluntary sector. It is a long list, but it speaks to the level of complexity involved in crimes of this nature and the continued importance of agencies working together.
Organised crime groups are, by their very nature, well resourced—the clue is in the name. They are organised and often sophisticated in entrapment. While I welcome the new law in clause 17, it is not a fix-all solution. It remains the case that continuing effort is needed across the state and society to spot the signals, and we must work together to bring down the gangs targeting our children. That is just as important as ever.
Exploiting a child into committing crimes is abusive. Children who are targeted may also be groomed, physically abused, emotionally abused, sexually exploited or trafficked. As organisations such as the National Society for the Prevention of Cruelty to Children point out, however, because children involved in gangs often commit crimes themselves, sometimes they are sadly not seen by adults and professionals as victims, despite the significant harm that they have experienced. We make progress on that here today. This legislation seeks to address that issue and recognise it in law, so I wholeheartedly welcome this clause, which will make it an offence for an adult to use a child in this way.
The national statistics are stark. Action for Children’s “Shattered Lives, Stolen Futures”, a review by Alexis Jay of criminally exploited children, highlights the extent of this issue. In 2023, 7,432 children were referred to the national referral mechanism, a framework for identifying and referring potential victims of modern slavery and criminal exploitation. That represents an increase of 45% since 2021. Over the same period, 14,420 child in need assessments in England recorded criminal exploitation as a risk of harm—an increase from 10,140 in 2022.
Over the five years between April 2018 and March 2023, 568 young people aged 16 to 24 were violently killed in England and Wales, the vast majority of them by being stabbed. Police data published by the national county lines coordination centre in its county lines strategic threat risk assessment showed that 22% of individuals involved in county lines are children, equivalent to 2,888 children in 2023-24. The 2023-24 risk assessment also states that most children involved in county lines are aged just 15 to 17, and they are mainly recorded as being in the most dangerous “runner” or “workforce” roles within the drugs supply chain and linked to exploitation.
Victims may be subject to threats, blackmail and violence. They may be arrested, including for crimes committed by others, under the law of joint enterprise. They often find it hard to leave or cut off ties with those who are exploiting them, and their safety, or that of their friends and family, may be threatened. They are at risk of physical harm, rape and sexual abuse, emotional abuse, severe injury or even being killed, and they are at risk of abusing drugs, alcohol and other substances. That all has a long-term impact on these children’s education and employment options. There is clearly a need to protect children from the imbalance of power exercised by these criminals.
I want to highlight some of the excellent work taking place in my own constituency to prevent children from becoming involved in county lines and criminal exploitation. In 2022, Trevelyan middle school in Windsor carried out some excellent pupil-led work to address the evils of county lines child exploitation. It produced its own hard-hitting film about one child’s journey into slavery and exploitation. The film, titled “Notice Me!”, was made available to schools across the local area as a learning tool to help pupils understand the process, the risks and the realities of county lines operations.
One scene showed how county lines gangs will promise children all kinds of luxuries, only to trap them into failing and place them forever in their debt. Another scene showed the grim reality that for children who find themselves in the world of county lines, it is the gangs themselves that they are most afraid of, not the prospect of arrest. However, the film also has a message of hope. It seeks to educate children and young adults alike about the warning signs that someone might be involved, such as disappearing for stretches of time or coming home with unexplained bruises or odd equipment.
Alongside the film, a scheme of lessons for pupils to study in school included video inputs from a range of partners, as well as both a pupil and a parent guide to county lines. The guides included inputs from many experts in the field, including those working on the frontline and tackling the issue every day. It is, of course, important and welcome that our schools are raising awareness of this important issue and working together to help to prevent children falling prey to criminal gangs, but where prevention fails, I welcome these specific measures. The addition of the child criminal exploitation offence to the list of criminal lifestyle offences in schedule 2 of the Proceeds of Crime Act 2002 is very welcome. The practical effect of the change is that a person found guilty of the new offence will automatically be considered to have a criminal lifestyle, and a confiscation order can be made accordingly under that Act. Ultimately, all their assets will potentially be seen as derived from crime and subject to confiscation, reflecting the serious nature of such offending.
I hope that that will be a significant deterrent to the masterminds of these gangs. In March this year, the British Transport police, working with Thames Valley police and Northamptonshire police, made multiple arrests in a two-day raid on a county lines operation. Three active deal lines were identified and £25,000 in cash was seized, alongside £9,000-worth of class A drugs and 14 kg of cannabis, with a street value of around £210,000. I thank all the officers involved in that successful operation. The values involved in this criminal activity are high, as we have heard throughout the Committee, and such operations are evidence that if resourced properly, police can break the back of the issue. Let deliver justice to victims by charging criminals for related offences, such as child exploitation, that are so common in the drug trade. In seats such as mine in the home counties, the county lines trade continues to pose risks, and I support measures that strengthen the hand of the police in tackling it.
Finally, given the vulnerabilities of who are children affected by child criminal exploitation, and because of the nature of abuse that children may suffer when they are involved in these gangs—I went through some of it earlier—I particularly welcome the fact that the Bill will ensure the victims are automatically eligible for special measures, such as giving pre-recorded evidence, or giving evidence in court from behind a screen, in proceedings relating to the offences. I hope such measures will result in more successful prosecutions of this crime.
Joe Robertson
I, too, support clause 17, which will create an offence of child criminal exploitation. Under this provision, any adult over the age of 18 would commit an offence should they do anything to a child with the intention to cause the child to engage in criminal activity. An offence will be committed where the adult reasonably believes that the child is under 18, but an offence is automatically committed where the child is under 13. An offence under this provision does not require the child to commit any offence; it only requires that the adult intended them to.
One strength of clause 17 is that it does not require the child to go on and commit the offence that the perpetrator intended them to. The criminal activity is the adult engaging with that child with the intention of causing the criminal offence. As the Minister set out clearly when she introduced the clause, it does not matter whether a child goes on to be convicted, because that is a separate offence relating to the adult’s activity.
The second strength in the provision is the explanation of what child criminal exploitation is, and I am not persuaded that new clause 8 improves that. The Bill makes it very clear that the offence is engaging the child
“with the intention of causing the child to engage in criminal conduct”.
Criminal conduct is clearly defined in clause 17(2) as
“conduct which constitutes an offence under the law of England and Wales”.
It is clear and in plain English. There is no ambiguity about the key words: “criminal conduct”, “intention of causing”, “child” and
“the person engages in conduct”.
Dame Diana Johnson
The debate on this group has been very full, and it is good to know that there is cross-party support for clause 17, which introduces the offence of child criminal exploitation.
The shadow Minister, the hon. Member for Stockton West, highlighted that the Modern Slavery Act, which the previous Government relied on to deal with the problem, has been failing for many years. The statistics that he cited on the very limited number of prosecutions that went through the courts emphasise how sad and unfortunate it is that this bespoke offence was not put on to the statute books years ago. Given the cross-party support for it today, I am surprised that such support did not exist years ago under the previous Government.
I will deal with some of the questions about clause 17, particularly on the age limit of 13. I think it is clear that it is never reasonable to consider a child under the age of 13 as an adult. There is crossover from the approach taken around child sexual exploitation, and it would almost always be obvious when a child is under the age of 13. I hope that explains why that age limit was set.
On the question of what is happening in Scotland and Northern Ireland, I have said in previous debates that we are in discussion with the devolved authorities, particularly with the Scottish Government and Northern Ireland’s Department of Justice, about the application of the CCE provisions to Scotland and Northern Ireland. I hope that offers reassurance.
The hon. Member for Gordon and Buchan asked how many defendants had relied on the section 45 defence under the Modern Slavery Act in respect of CCE offences. Obviously, we will not have had a CCE offence until this Bill gets on to the statute book, so the answer to that question is none. The comparator offence in terms of modern slavery and human trafficking is also excepted from the defences listed in section 45. The purpose of amendment 10 is to ensure that those prosecuted for this serious offence cannot benefit from the section 45 defence.
The shadow Minister asked how the new offence will change the dial on the systems response to CCE. I take his point: introducing the bespoke, stand-alone offence of CCE, as well as CCE prevention orders, will raise the national consciousness of the issue and finally—I emphasise that word—place it on a level playing field with other harms. That said, we do understand that the offence on its own is only part of the answer, and that is why we are working across Government to identify opportunities to improve the systems response and drive change and transformation.
I do not wish to try your patience, Sir Roger, by going into the issue about the sentence that should be given for the new offence, as we discussed whether the maximum sentence should be life imprisonment in the debate on previous group. The Safeguarding Minister, my hon. Friend the Member for Birmingham Yardley, is undertaking a full review of the NRM, as well as looking at the Modern Slavery Act more generally, because it does not always work as effectively as we would like.
In terms of what else we can do, I want to highlight another manifesto commitment: the creation of Young Futures. That is about recognising those children who are vulnerable and who might need extra support. We will create youth hubs and prevention partnerships, which are about the cohort of very vulnerable young people who might be getting themselves into difficult situations and who are perhaps on the verge of getting involved in criminality. That will involve identifying who they are, working with them and putting in place a plan of action to ensure that they are diverted away from involvement in the gangs that we know prey on very vulnerable young people. On that basis, I commend clause 17 and amendment 10 to the Committee.
Amendment 10 agreed to.
Clause 17, as amended, ordered to stand part of the Bill.
Clause 18
Power to make CCE prevention order
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to discuss the following:
Clauses 19 to 30 stand part.
Schedule 4.
Clause 31 stand part.
Dame Diana Johnson
Clauses 18 to 31 and schedule 4 introduce child criminal exploitation prevention orders, which will be available on application to the courts, on conviction and at the end of criminal proceedings when there has not been a conviction. The provision for on-conviction orders is made by amendment of the sentencing code by schedule 4.
Harriet Cross
Clause 18 creates a new regime for child criminal exploitation prevention orders. A CCEPO is a new civil order that enables prohibitions or requirements to be imposed by courts on individuals involved in CCE to protect children from harm from criminal exploitation by preventing future offending.
A CCEPO will be obtained via a number of routes, including an order from a magistrates court following an application by a chief officer of the police—including the British Transport police and the Ministry of Defence police—or the director general of the NCA. An order may also be made by a court—for example, a magistrates court, the Crown court or, in limited cases, the Court of Appeal—on its own volition at the end of criminal proceedings in situations where the defendant has been acquitted of the offence, the court has made a finding that the defendant is not guilty by reason of insanity, or the defendant is under a disability such that they are unfit to be tried but has done the act charged.
CCEPOs will be reserved for defendants aged 18 and over where the court is satisfied that they have engaged in CCE. According to subsection (5), for a court to hand down a CCEPO, it must also consider that there is a risk that the defendant will seek to cause children, or any particular children, to engage in criminal conduct. Will the Minister confirm whether a defendant can therefore be given a CCEPO only if it is considered that they will repeat offend—that is, re-engage in CCE—or can a CCEPO be handed down regardless of the potential for or expectation of future offending? Is having previously engaged in CCE enough of an indicator to suggest a risk of future offending?
Clause 19 details what a CCEPO is and what it does and does not do. The nature of any condition imposed is a matter for the court to determine. These conditions could include limiting a defendant’s ability to work with children, contact specific people online or in person, or go to a certain area, as well as requiring them to attend a drug awareness class. The conditions may also require the defendant to comply with a notification order, as detailed in clause 24, which I will address later.
We must be clear that no one can accidentally engage in child criminal exploitation. Those receiving a CCEPO will have knowingly endangered, threatened, misled and vilified children in pursuit of their own criminality, and there will be a risk to the public that they will do so again. These people are ruthless and the full force of the law is needed to prevent future offending.
Subsection (4) states:
“A prohibition or requirement applies throughout the United Kingdom”.
I welcome that, but can the Minister detail how this will be enforced across the devolved nations? If extra resource is required, will it be made available to the devolved nations? What conversations has she had with our devolved Parliaments, Assemblies and police forces about this?
Subsection (7) provides that where a person is made subject to a new CCEPO, any existing CCEPO will cease to exist. We strongly believe that anyone being handed multiple concurrent or successive CCEPOs must be subject to stronger conditions and punishments—otherwise, what is to deter them from reoffending? Will the severity of successive CCEPOs be at the discretion of the court? How does the initial CCEPO lapsing on receipt of the second deliver justice for victims of the initial offence for which a CCEPO was handed down? What is the punishment for breaking the terms of a CCEPO, and how will it be enforced? How long can CCEPOs be handed down for? The Bill prescribes a minimum of two years. What is the escalation should a single defendant receive repeated CCEPOs?
Clause 20 sets out the practical mechanisms for obtaining these new prevention orders. It sensibly restricts the power to apply for a CCEPO to our law enforcement bodies—chiefly, the police and the National Crime Agency. That is appropriate, because decisions to seek an order will rely on police intelligence about who is grooming children into crime, and we would not want just anyone to be able to drag individuals to court without solid evidence. Placing this responsibility with senior officers looks as though it will ensure that applications are vetted by those with the expertise to judge the risk someone poses.
I note that the clause specifically includes British Transport police and MOD police alongside regional forces. That is welcome; exploitation is not confined by geography—for example, gangs use railways to move children along county lines. The British Transport police must be empowered to act if it identifies a predator using the train network to recruit or deploy children. Likewise, the National Crime Agency might come across sophisticated networks exploiting children across multiple force areas. Clause 20 lets those forces and the NCA go to court directly. Crucially, if they do so, they must inform the local police force for the area where the suspect lives, so that there is no gap in knowledge. That co-ordination will be vital, as local officers will likely be the ones monitoring the order on a day-to-day basis.
Joe Robertson
I thank my hon. Friend for her quick canter through the clauses, particularly the provisions on interim orders and without-notice orders. I worry that once someone has an interim order, given some of the court backlogs, it may take some time for them to come back to the court for a full order. Does she share that concern?
Harriet Cross
Of course. In all cases, it is a balance between getting an interim order in place to protect children in the immediate term, and ensuring that we get true justice through the system. It is something that we need more information on, but we also need a balance, and, on balance, the interim orders seem reasonable.
Another point is the serving of the interim order. If the person was not in court when the order was made—for example, if it was made after a without-notice application—it will kick in only once it is served. That is understandable; we cannot expect someone to comply with an order that they do not know about. However, I wonder whether there are provisions to use all reasonable means to serve it quickly, potentially with police involvement to hand it to the person if needed, since a child’s safety could hinge on getting a bit of paper into the right hands.
Interim orders seem to be a sensible procedural tool. They align with how other orders, such as interim injunctions, work, and they will ensure continuity of protection. However, I reiterate that interim measures should not become semi-permanent due to procedural or court delays. The ultimate goal is to get to a full hearing and a long-term solution. Interim orders are the bridge to that, but they need to be a short, sturdy bridge, not a lingering limbo.
Can the Minister address what guidance or expectations will be set to ensure that, where an interim CCEPO is issued, the full hearing occurs as soon as possible? Is there an envisaged maximum duration for an interim order before it is reviewed? Clause 22(3) limits interim orders to prohibitions and the notification requirement. Can the Minister clarify why? Is it primarily because positive requirements, such as attending a course, might be burdensome to enforce in the short term? The explanatory notes mention that an interim order can be varied or discharged, just like a full order. Can the Minister confirm that if circumstances change—for example, if new evidence shows the risk is either higher or lower—the police or subject can apply to adjust the interim order even before the final hearing? Lastly, if an interim order is made in the absence of the defendant, what steps will be taken to ensure that it is served promptly?
Clause 23 empowers courts to consider making a CCEPO at the conclusion of certain criminal proceedings, even if the police have not applied for one. Effectively, it provides for judicial initiative, allowing courts to consider a CCEPO even without a formal application. This is quite a significant provision. It means that, if someone is prosecuted for drug trafficking involving children, for example, and they escape conviction—perhaps the jury was not 100% satisfied or there was a technicality—the court does not have to throw its hands up on the case. It can say that it has heard enough to worry that the person might exploit children, so it will consider a prevention order.
The Chair
Order. It is slightly earlier than I intended, but I am going to suspend the Committee until 5.10 pm, after which we shall suspend every two hours for 15 minutes.
Dame Diana Johnson
The hon. Member for Gordon and Buchan raised a number of very interesting points of detail. I do not want to detain the Committee any further this afternoon by addressing each and every one of the very important questions that she posed, but I hope that she will take my assurance that I will reflect on all her points and consider them as part of the implementation planning for the new clauses. I commend clauses 18 to 31 and schedule 4 to the Committee.
Question put and agreed to.
Clause 18 accordingly ordered to stand part of the Bill.
Clauses 19 to 30 ordered to stand part of the Bill.
Schedule 4 agreed to.
Clause 31 ordered to stand part of the Bill.
Ordered, That further consideration be now adjourned. —(Keir Mather.)