Crime and Policing Bill

Baroness Doocey Excerpts

Tuesday 9th December 2025 Lords Chamber

[Lord Blencathra (Con)]

My Lords, I think we all welcome the concept of Clause 82, because it provides a significant step forward towards justice for survivors of child sexual abuse. By removing the limitation period, the provision acknowledges the unique barriers facing victims in coming forward after many years of abuse.

Let us be clear: we all agree that child sexual abuse is a crime marked by profound trauma, secrecy and manipulation. As the noble Baroness, Lady Brinton, pointed out, survivors often require years, possibly decades, to process their experience and feel able to seek justice. The limitation periods, while serving certain legal purposes, have historically denied victims their day in court. The removal of this barrier is a recognition of the lasting impact of abuse and the difficulty in disclosing it. I therefore cannot understand this “get out of jail free” card to permit a defendant to avoid liability on the grounds of substantial prejudice. In my inexpert, non-legal opinion, it risks undermining the legislative intent and perpetuating injustice, and it would send a message contrary to the spirit of the clause.

While the possibility of prejudice to defendants—such as faded memories, lost evidence or deceased witnesses—is real, it must be weighed against the injustice suffered by survivors who have been unable to seek redress due to the limitation period. I think all noble Lords here of a legal bent would say that our courts are perfectly well equipped to assess evidence, account for gaps and determine credibility, even in historic cases. The link of prejudice can be mitigated through fair trial procedures and should not override the fundamental right of survivors to have their claims heard.

We as legislators must ensure that perpetrators of child abuse are held to account, regardless of the time elapsed. Dismissing claims on the basis of substantial prejudices would not only deny justice to individuals but would undermine public confidence in the legal system’s ability to deal with some of the most serious wrongs to our children that we have witnessed over the last 30 years. It would risk protecting abusers from scrutiny, contrary to the principles of transparency and accountability.

To conclude, courts must prioritise the rights of survivors and the public interest in accountability, ensuring that the defence does not become a loophole that perpetuates injustice. Therefore, I support the probing amendment in the name of my noble friends and the noble Baroness, Lady Brinton.

[Baroness Doocey (LD)]

My Lords, on these Benches we recognise the purpose of time limits and we recognise the right to fair trial, but survivors of child sexual abuse should not be barred from justice simply by the passage of time. The difficulty lies, of course, in striking that balance. At the moment, too many claims with merit are rejected at the outset or, more often, not brought at all. Clause 82 is therefore welcome in principle, yet new Section 11ZB(3) then proceeds to undermine it, mandating dismissal if defendants can show “substantial prejudice”—a vague term undefined in the Bill, which, as my noble friend Lady Brinton said, may be appealing to defence lawyers. A court already has the power to dismiss a case if it believes that the defendant cannot receive a fair trial, so we find it difficult to understand the justification for this extra layer of protection. The inclusion of this provision risks effectively undoing all the good work of the clause. Amendment 289 would close that escape hatch, ensuring that it brings meaningful change. I urge the Government to reconsider in the light of this amendment.

[Lord Pannick (CB)]

I add my voice to what has been said by the noble Baroness, Lady Doocey, and the noble Lord, Lord Faulks. The fundamental principle is set out in new Section 11ZB(2): if the defendant cannot have a fair trial, the hearing cannot proceed. The gravity of the allegations and the public interest demand that there be no hearing, notwithstanding the damage that this causes to the unfortunate alleged victim. I entirely agree that new Section 11ZB(3) confuses the position; it introduces uncertain concepts and will inevitably lead to unhelpful litigation.

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[Earl Attlee (Con)]

My Lords, I speak in strong support of the amendment from the noble Baroness, Lady Brinton. I do not know whether it is necessary. I declare an interest as a victim. My concern about the historic sex offences is the prison population. We have large numbers of historic sex offenders in prison. It creates great problems for the Prison Service. However, a custodial sentence is the only sensible disposal. We need to work out what to do with historic sex offenders within the prison system.

[Baroness Doocey (LD)]

My Lords, my noble friend Lady Brinton has made a powerful case for removing the limitation period. The Government have already signalled a willingness to act, so objections are likely about timing rather than policy—at least, I hope that is the case.

The amendment would align the law with what Parliament has already accepted, which is that child sexual abuse is distinct from other offences. This is a crime defined by secrecy, grooming and a stark power imbalance. We know that victims often take decades to come forward, so allowing offenders to shelter behind time would reward fear and coercion.

Amendment 293 provides clarity for all parties—victims, police, prosecutors and, indeed, defendants. It removes the scope for technical argument about whether a particular course of conduct falls outside time and instead focuses everyone on the core question, which is whether the evidence available can support a fair trial. It also brings coherence. Across the system, we are rightly moving away from arbitrary cut-offs that prevent past abuse ever being heard in court. The amendment is a modest step in the same direction in accordance with the recommendations of inquiries and the expectations of survivors.

There must be no time bar on prosecuting sexual activity with a child. If we are serious about saying that such conduct is never acceptable, surely we should also be serious about saying that it is never too late to pursue justice for it. The amendment achieves that and warrants the support of the Committee and the Government.

[Lord Cameron of Lochiel (Con)]

My Lords, I am very grateful to the noble Baroness, Lady Brinton, for bringing forward the amendment. Obviously, victims of child sexual offences should always be able to seek justice, no matter how long it takes them to come forward.

We absolutely understand and respect the intention behind this proposal. Many survivors of abuse do not feel able to disclose until years—sometimes decades—after the offence, and there is a very real sense of injustice when the law appears to stand in the way of accountability.

However—and on this point I side with my noble and learned friend Lord Garnier—I think there exists no limitation period for offences that would occur under Section 9 of the Sexual Offences Act. The Limitation Act 1980 applies only to civil cases, and indictable criminal cases do not have general limitation periods in England and Wales. As offences under Section 9 of the Sexual Offences Act are indictable only, we do not think the amendment is strictly necessary, despite the fact that it pursues a very noble aim. While sympathetic, therefore, to the principle—

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[Baroness Gohir (CB)]

I too would like to thank the Government for these amendments, because helplines have seen a rise in non-fatal strangulation offences, and not everything gets reported to the police. We have seen a rise at the charity that I run, the Muslim Women’s Network helpline. Research shows that if a victim is subject to a non-fatal strangulation, they are seven times more likely to be a victim of domestic homicide. Analysis of the domestic homicide data shows that strangulation is one of the two main methods of killing women. I hope that the long-term trend, once these amendments are introduced, will be a decline in these types of offences being reported on helplines. I commend the Government.

[Baroness Doocey (LD)]

My Lords, these dangerous practices of strangulation and suffocation are often used to control, intimidate and silence in domestic abuse situations. The growing normalisation of strangulation during sex risks giving abusers a veneer of acceptability and a false sense of impunity. Strangulation was the cause of death of over a quarter of the women killed between 2014 and 2025—about 550 in total. In that context, the case for criminalising such images is compelling. Mainstream platforms must be put under a duty to remove this material or face sanction.

The related amendments in this group are welcome, in order to ensure that the new offences operate coherently across England and Wales, Scotland and Northern Ireland. We on these Benches very much support this group of amendments, which sends a clear signal that such material is totally unacceptable.

[Lord Cameron of Lochiel (Con)]

I thank the Minister for tabling this group of amendments, and I am happy to offer the support of these Benches. The criminalisation of strangulation in pornography is part of a wider initiative that has been championed across the House and discussed today, particularly on this side by my noble friend Lady Bertin, but by many others as well.

The prevalence of strangulation in pornography and the harm it causes are very clear. Distributing such material is already illegal offline; the fact that its online equivalent is not is a gap in the law, and these amendments correct that. They close that gap and prohibit the distribution of a practice that is both dangerous and extreme. I know that there are reports from some GPs of an exponential rise in incidents of non-fatal strangulation and suffocation among younger generations, which they largely attribute to pornography; the least we can do is to provide restrictions on dangerous content that should not be normalised. As has been said, distributing non-fatal strangulation images is unlawful offline; it makes little sense that that is not replicated in our online legislation. This group aims to correct that, and I willingly offer the support of these Benches.