Thursday 3rd April 2025
(2 days, 7 hours ago)
Public Bill CommitteesCrime and Policing Bill 2024-26 View all Crime and Policing Bill 2024-26 Debates Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 3 April 2025 - (3 Apr 2025)
The Committee divided: - Ayes: 4 / Noes: 10 - Question accordingly negatived.
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
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
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.
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.
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?
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.
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.)