Criminal Justice and Courts Bill

Baroness Berridge Excerpts

Monday 21st July 2014 Lords Chamber

[Baroness Howells of St Davids (Lab)]

My Lords, I had not meant to take part in this debate; I am neither a lawyer nor a judge. However, at one time in this Chamber today I felt I was being given the strong impression that only black boys carried knives in this country. I want to put on record that this is not so. In cases with which I have been involved in Greenwich, young men were killed with knives not because they had committed a crime but because they were black. I should like that to be put on the record.

[Baroness Berridge (Con)]

My Lords, I raised this matter at Second Reading and draw to the Committee’s attention the fact that the amendment was tabled by Nick de Bois, an Enfield MP, strongly supported by David Burrowes, another MP for the Enfield borough. It is a borough not unfamiliar with knife crime, which in some cases involves fatality. These are MPs who have direct experience and I hope that that ameliorates the suggestion that this provision is just a knee-jerk reaction. Knife crime has been an issue for Enfield for some time. It has also been drawn to the House’s attention by the Lord Chief Justice that we have a problem. Whether this is the correct solution is another matter but we have a problem with the carrying of knives by young people that is often seen as some kind of status symbol.

I remind your Lordships of what perhaps seems an obvious point. There have to be two convictions before this power comes into play. I have read of situations in the media in which people have carried penknives. One would have to possess these weapons,

“without lawful authority or reasonable excuse”.

This does not apply to anyone accidentally having a knife left over from pruning the roses or working on the farm at the weekend. These are people who are carrying knives without being able to provide an excuse. This power is supported by not only the former commissioner but the current Metropolitan Police Commissioner, who said:

“Where we are getting gang members or young people carrying knives and there is no excuse, then this is a serious matter for me”.

So we also have the Metropolitan Police saying that it wants additional powers in relation to knife crime. I have looked at the discretion given, and this is not a mandatory provision that necessarily would lead to injustice.

I should really like to highlight the issue of discrimination, and I strongly disagree with my noble friends on this. I raised this matter way back, in my maiden speech. There sometimes seems to be a disproportionately low response to victims of violent crime when they are not white. One must not forget that, in this situation, the figures from when I checked—I thank the Library—show that one is twice as likely in London to be a victim of knife crime if you are black. From my experience of speaking to community leaders, they are extremely concerned about the effect of this on their own communities. They are the victims of this, so it is flawed to suggest that the provision is discriminatory because of stop-and-search powers. I accept that elements of our criminal justice system have been discriminatory over the years and one can point to the discussion in the other place involving the Home Secretary, who has brought in a review of stop and search. Her Majesty’s Inspectorate of Constabulary has looked at this, and the Home Secretary had the support of Diane Abbott, of all people. We had grasped a nettle that had not been grasped for a long time.

This Government have also rid the ethnic-minority communities of the injustice of a DNA database that held innocent people’s DNA. These issues have been addressed and it ignores the effect on victims in minority communities if we refer only to the perpetrators.

[Baroness Walmsley (LD)]

My Lords, I had not intended to speak in this debate and will do so briefly. I have listened carefully to those who oppose my noble friend Lord Marks, and I am afraid that I am not convinced by them for two reasons. First, the cases that they cite are ones in which the judge would almost certainly have sent the person to prison anyway. When somebody carries a knife with serious intent and uses it, that is when people go to prison. We do not need the clause for that reason.

The other point has not been mentioned at all. The clause is supposed to be a deterrent, mainly for young people, to prevent them getting involved in carrying knives in the first place, which is a very laudable objective. However, let us remember the development of children’s brains. The majority of the development of children’s brains happens between birth and three years of age, but there is a boost during the teenage years. That is when risk taking comes in. If noble Lords consider that, they will realise that a deterrent such as this very small prison sentence—I quite agree with the noble and learned Lord, Lord Woolf, that it will do nothing but harm—will certainly not deter someone whose brain is telling them, “Now you can take risks, and you should”.

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However, the important thing is to secure the criminalisation of this behaviour. Long gone are the days when we should regard physical harm as a necessary ingredient of an offence against the person. The degree to which malicious individuals can hurt innocent victims by publication on the internet of images of their most intimate moments is ample justification, I suggest, for our invoking the criminal law to prevent and punish such behaviour. I beg to move.

[Baroness Berridge]

My Lords, I rise to speak to Amendment 40 in this group. It seeks to introduce a new criminal but also sexual offence of posting on the internet what has been outlined as revenge pornography. This is one of those rare situations where I do not advise noble Lords to go on to the internet to look first-hand at these sites; they are truly appalling. As my noble friend Lord Marks has outlined, this is a growing problem that affects mainly women, particularly when naked or sexually explicit pictures or videos of them have been posted on the internet without their consent. Obviously these images are put online almost exclusively by ex-partners, and there is generally an intention—which is why our clause is drafted as it is—to sexually humiliate the former partner. Often the contact details of the victim as well as sexually abusive or malicious comments are added when the image is posted.

There are dedicated websites that are easily accessible; this is not a niche problem. The UK Safer Internet Centre, which is working in this area, has stated that some 20 to 30 websites in the United Kingdom are hosting this type of material. Apparently it has become a consumer product on pay-per-view. Many of the websites attract huge volumes of traffic, and the more often an image is looked at, the more likely it is that when you Google search your own name, the first thing that will come up in connection with your name is these images that have been posted, which is particularly degrading.

These are pictures that the victim may regret were taken in the first place, but, as my noble friend outlined, there would have been every expectation that they were private and would not be viewed, sometimes within days, by thousands of people on the internet, including perhaps work colleagues and friends at the school gate. Of course, the impact can be devastating. Victims have described that they feel like they have become a porn star without their knowledge or consent. There are also devastating impacts on employment prospects as well as on personal reputation and career.

This is another situation where the law has not quite kept pace with the internet. I am grateful for my noble friend’s contribution to the drafting of the proposed new clause, which is based on the offence of voyeurism. I hope that the Minister will take all of these proposed clauses away in order to consider what would be the most appropriate formulation. However, we would submit that this should be classified as a sexual offence. Currently, these matters do not fall within the ambit of the Protection from Harassment Act 1997 because they are not a course of conduct. They are also not caught by the Obscene Publications Act 1959 because the images are not always classified as being obscene.

It is important not only to make this behaviour criminal, but for the police to know that it is a criminal act in order that they can take action at police level and against the internet service providers. Once this is an offence, they will have a mechanism by which to remove these images, because many victims are complaining that without such clarity, they find that although they make submissions to the internet service providers again and again, the images are not being removed from these websites. Of course, the longer they remain posted, the greater the damage that is done to the victims.

At this point I wish to pay tribute to the very brave women who have put their head above the parapet and have spoken out in order to bring attention to this issue. I mention in particular Laura Higgins and the work of organisations such as the UK Safer Internet Centre. I am also pleased that Women’s Aid, Welsh Women’s Aid and Scottish Women’s Aid all support the amendment tabled by myself and my noble friend Lady Morris. Although this matter was not raised in the other place, honourable Members including my right honourable friend Maria Miller hosted an adjournment debate in June to bring it to the attention of Members of Parliament.

At the moment, Amendment 40 does not include any reference to penalties, but I hope that my noble friend will consider the similar offence of voyeurism, which carries with it a sentence of imprisonment of up to two years. We believe that this offence should attract the same scale of penalty. It is only by showing our abhorrence of the sexual abuse of these people that they will be able to secure justice.

This type of behaviour is becoming an ever more pressing problem, and other countries such as the United States and Israel have had to bring forward legislation to catch it. I believe that we should take this opportunity and I am grateful that the Minister is in listening mode in relation to this matter. I hope that that we can come up with an acceptable formulation of what the offence should be in order to offer these victims some protection.

[Baroness Grender (LD)]

My Lords, I apologise for having been unable to attend Second Reading. I will speak in particular in favour of Amendments 37, 38 and 39. To hear people talk about revenge porn, you would think it had only just been invented, but the divorce in 1963 of the Duke and Duchess of Argyll involving the infamous image of a headless man tells a different story. The dramatic difference is that of course today we have the ability to reproduce a picture a thousand times without the permission of the individual concerned. I will focus on one aspect of this, which is the motive to hurt or humiliate the individual.

I do not believe that on the whole the motivation is sexual gratification, as outlined in Amendment 40. Perhaps I may put before the Committee three case studies that will help to illustrate this. The first is of a lady who was with her partner for two years. They planned to buy a home together so it was a trusting relationship, but after it broke down, her ex published photos of her and labelled her as a “whore” and a “slut”. He even set up an identity pretending to be her and invited humiliation and insults. When she went to the police they were unable to help, and the website refused to remove the images, in spite of regular requests.

The second example is that of a woman whose images were posted on a website called myex.com. The images spiralled from website to website gathering views, comments, abuse and humiliation. While some porn sites actually responded to the woman’s specific requests to remove the images, myex.com did not. She currently remains terrified of family and work colleagues seeing the images. We need to be conscious of the fact that men can also be victims, although most are women. I cite the case of a 29 year-old man who exchanged images having been sent fake images by his girlfriend. His ex has shared them, particularly with his work colleagues.

These cases are ones that involve not naïve teenagers—although obviously I believe that they should be protected as well—but people who have been in trusting relationships where the trust has broken down. What has been done is something that we should clearly define as a crime. These people are our sisters, brothers, daughters and sons, and what they need is protection against these vile acts that are committed without their consent. The inflicting of pain and humiliation is the only motive, and the individual who publishes such images should know that when they do it, they are committing a crime. I hope that the Minister will reflect that when he considers a possible amendment to the Bill.