Crime and Policing Bill

Debate between Baroness Doocey and Lord Pannick

Report stage
Monday 2nd March 2026 Lords Chamber

[Lord Pannick (CB)]

My Lords, this is another X-rated group of amendments. I added my name to government Amendment 301, on sexual activity with an animal, and I spoke on this subject in Committee. The prohibition of sex with animals has a long history—it was proscribed in Leviticus, chapter 18, verse 23—and it is high time that the statute book comprehensively addressed this subject. The predecessor section in the Sexual Offences Act 2003 fails to do that. I am pleased that the Minister, whom I thank, listened very carefully to the debate. She has listened to all those who made representations, and the Government have brought forward an amendment that—while it is no doubt less than perfect, for the reasons that the noble Lords, Lord Blencathra and Lord Black, indicated—is a very considerable step forward. I am grateful to the Government and support Amendment 301.

[Baroness Doocey (LD)]

My Lords, I welcome the Government’s amendment on sexual activity with an animal. The original amendment in Committee from the noble Lord, Lord Black, shone a fierce but necessary light on the grim intersection of animal abuse, child exploitation and online coercion, and it is because of that work that we are now debating a meaningful change to the law. What matters now is that the law recognises the overlap between animal sexual abuse, child sexual exploitation and wider patterns of coercive control, and that we respond with tools that are fit for purpose in 2026.

The Government’s amendment to Section 69 of the Sexual Offences Act replaces the narrow offence of “intercourse with an animal” with a broader offence of

“sexual activity with an animal”,

defined by intentional or sexual touching, whether the animal is living or dead. It also ensures that such conduct engages the notification regime in Schedule 3, so that those convicted can be managed as sexual offenders. That is a significant and very welcome step. However, there remain gaps that need to be addressed. The terminology widely used in policing and safeguarding is “animal sexual abuse” because it captures a spectrum of exploitative acts, including material that is filmed, traded online or used to groom children. These are not marginal cases; they go to the heart of how abusers terrorise children and partners, including by targeting family pets.

Amendment 390 from the noble Lord, Lord Black, would introduce notification and offender management requirements for a defined list of serious animal cruelty offences, placing those convicted on a register. That would apply to those who cause unnecessary suffering, arrange animal fights, possess extreme pornographic images of animals, damage protected animals or intentionally engage in sexual activity with an animal, as well as those who cause, coerce or permit another person, including a child, to do so, or who use an animal for sexual gratification. These are not technical tweaks. Notification and active offender management recognise the strong links between serious animal cruelty and the risk of harm both to animals and to people, especially children, who may be targeted with these horrific images or forced to participate in their creation.

A similar system to the sex offenders register would allow the police and probation service to monitor such offenders and retain the information needed to manage the risk they pose over time. I freely acknowledge the progress already made, but without the robust notification and management framework envisaged in Amendment 390 we will still be asking front-line agencies to deal with extremely dangerous offenders with one hand tied behind their back. The cost of getting this wrong is borne not only by animals but by the children and adults who are terrorised, coerced or groomed through this abuse. While I welcome the Government’s amendment as an important milestone, I urge the Minister to go further and to match the full ambition of the proposals of the noble Lord, Lord Black, on notification and offender management.

Crime and Policing Bill

Debate between Baroness Doocey and Lord Pannick

Report stage
Monday 2nd March 2026 Lords Chamber

[Baroness Doocey (LD)]

My Lords, I will speak to Amendment 277, which would create a specific criminal offence of secretly filming someone without their consent for sexual gratification or in order to humiliate or distress them. In addition, it would make profiting from such footage a serious aggravating factor for sentencing, bringing clarity to a legal grey area and aligning the law with the reality of abuse in the digital age.

This amendment follows a BBC investigation which exposed the widespread practice of men covertly filming women on nights out and then monetising the footage on online platforms. The BBC identified over 65 channels across YouTube, TikTok, Facebook and Instagram posting this content. The material is being filmed in major cities worldwide, including London, and Manchester is a hotspot, with creators travelling from abroad specifically to capture surreptitious low-angle shots of fully closed women in dresses and skirts as they walk along the street. These are then uploaded as so-called “walking tours” or “nightlife content”. These posts have racked up more than 3 billion views in the last three years, with a single video generating up to £5,000 in revenue from ads and sponsorship.

Women and girls deserve to move freely in public without fearing that their bodies will be splashed across the internet without their consent. The problem is that existing voyeurism offences turn on narrow definitions of nudity and privacy. We welcome the Bill’s focus on non-consensual intimate image abuse and support the Government’s amendments and those tabled by the noble Baronesses, Lady Owen and Lady Bertin. However, these are confined to images of subjects in an intimate state. Fully clothed people generally fall outside this definition, even when filmed for sexual kicks.

Amendment 277 instead focuses on the degrading and predatory intent, which is where much of the harm lies. It centres on the victim’s humiliation and objectification, rather than on narrow definitions of body parts, clothing or location. It follows Law Commission advice to expand voyeurism legislation to non-private settings, based on intent. This amendment is carefully targeted at those with malign motivations.

In 2024, Greater Manchester Police made an arrest for this practice. However, no further action could be taken due to what the force described as “limitations in current legislation”. Harassment and stalking laws fail because they require a proven course of conduct. Abusers know that this behaviour is not currently captured by law and are exploiting this loophole. Without action, predators will continue to see this as a risk-free way of making easy money.

My honourable friend Wera Hobhouse MP has tabled a Private Member’s Bill on this issue. I echo her calls to compel platforms to remove such content. The Angiolini Inquiry recently warned that sexually motivated crimes against women in public are still not sufficiently prioritised. That is why I urge the Minister to give my amendment the serious consideration that it deserves. We need concrete action, not more rhetoric.

[Lord Pannick (CB)]

My Lords, this group covers a range of human conduct, from the objectionable to the disgusting. I thank the Minister for tabling a series of amendments which will benefit women and society at large. I particularly thank the noble Baroness, Lady Owen, for all the work that she has done, which has led us to this position, and for the amendments that she has tabled. I am sure that the whole House is very grateful to her.

I will speak specifically to Amendment 273, tabled by the noble Baroness, Lady Owen, to which I have added my name. I understand that the noble Baroness may, if the Minister does not accept the amendment, wish to test the opinion of the House. This amendment simply seeks to impose a duty on a court to make a deprivation and deletion order where a person is convicted of an offence involving sharing or threatening to share intimate images without the consent of the victim.

The argument in favour of this amendment is very simple. It is necessary to give comfort to the victim who knows that the perpetrator has created or distributed the intimate images without consent. Unless there is a duty to destroy this content, the victim is inevitably going to remain extremely concerned that the content will remain in circulation and in existence.

That is the first argument. The second argument is that I can think of no justification whatever why the culprit should retain such intimate images when they have been convicted of being a wrongdoer in this respect. Those two points make this amendment unanswerable, and I strongly support it.

Crime and Policing Bill

Debate between Baroness Doocey and Lord Pannick

Report stage
Wednesday 25th February 2026 Lords Chamber

[Baroness Doocey (LD)]

My Lords, I apologise to the House; I was not ready, but it is worth waiting for. This amendment would change the legal test for imposing a respect order, requiring the court to consider this step “necessary and proportionate”, and not merely “just and convenient”, in preventing a person engaging in anti-social behaviour. This small, targeted change would ensure that the test is more proportionately aligned with the potentially serious consequences of these quasi-criminal orders, since a breach can result in up to two years’ imprisonment. It would also better reflect the Government’s stated intention that these orders should be used to tackle the most persistent cases of anti-social behaviour.

As the noble Lord, Lord Pannick, noted in Committee, these cases would be adequately covered by a “necessary and proportionate” framework. The Minister says that judges must already take necessity and proportionality into account under the Human Rights Act. If that is so, I struggle to see why that very safeguard cannot be placed transparently in the Bill. This is a critical point, given the well-documented failures of previous anti-social behaviour powers. The evidence shows that, in practice, vague legal tests not only lead to inconsistent decisions: they sometimes deter the courts from using orders.

A more rigorous test would also address concerns about systemic bias. Existing anti-social behaviour powers continue to fall more heavily on minority-ethnic and other disadvantaged groups. Without stronger safeguards, this will almost inevitably be repeated by respect orders. Tightening the test is a modest way to reduce that risk, and will provide greater clarity for all concerned—judges, counsel and victims—as well as those made subject to these orders. It also better aligns the order with the risk assessment duty already outlined in new Section J1 inserted by Clause 1.

In Committee a number of Peers expressed concern about judicial overreach, particularly with tools so sweeping that they can order somebody to do anything described. But the current broad and vague test will do nothing to solve this. In fact, it will make matters worse. The quasi-criminal nature of these orders will invite legal challenge, causing delay in already backlogged courts, potentially clogging the system with marginal cases while doing little for victims of persistent and ongoing anti-social behaviour. A clear necessity and proportionality requirement would sharpen the law, focus efforts on the worst cases and help ensure that respect orders become the tool of choice for serious or repeat anti-social behaviour, rather than just another broad but inconsistently used power added to an already confusing landscape.

I have one final point. In Committee we welcomed the Home Office’s plan to pilot these orders, only to be told that the Government had decided that this was no longer necessary. On that occasion, the Minister informed me that things change. However, since then things appear to have changed again: the latest policy paper says that respect orders will now be piloted before being rolled out nationally. That is obviously very welcome, but I hope that today the Minister can reassure the House that—in this matter, at least—there will be no further changes. One change I strongly advocate is that outlined in Amendment 1. If it sharpens the law, improves enforcement and offers greater protection against injustice for the price of a modest drafting alteration, why resist it? I beg to move.

[Lord Pannick (CB)]

My Lords, I agree with everything said by the noble Baroness, Lady Doocey. As I understand the Government’s position, they accept that it would not be appropriate to impose such an order unless it is necessary and proportionate, and indeed that is the test applied by the European Convention on Human Rights, so the only question is whether the language of the Bill, and the Act that it will become, should reflect the true test. It seems to me, as it seems to the noble Baroness, Lady Doocey, highly appropriate that what is in the legislation should set out the true test. This has to be applied not just by judges but by police officers, local authorities, communities and everyone who is responsible for considering and enforcing this legislation. Let us put the true and proper test on the face of the Bill.

Crime and Policing Bill

Debate between Baroness Doocey and Lord Pannick

Committee stage
Wednesday 17th December 2025 Lords Chamber

[Lord Pannick (CB)]

My Lords, I too support the objective of Amendment 348—who would not support the objective of preventing illegal violence and harassment in the workplace? I suspect that the main argument against Amendment 348 will be the burden that it would impose on employers, particularly small ones, and the noble Lord, Lord Blencathra, made that point very eloquently.

I will briefly identify one reason why it is very much in the interests of the employer to have these duties. It is because if there is illegal violence and harassment in the workplace which causes, as it will, damage to the victim, she—and it normally will be she—will be looking for remedies, and the person against whom she is most likely to be advised to sue is not the rogue other employee but the employer. The employer is particularly vulnerable to such a civil claim if they have not, as required by Amendment 348—which no doubt can be improved in its drafting—conducted any sort of assessment to identify potential risks, have not implemented policies and procedures to eliminate those risks, and, in particular, have not provided at least basic training to all employees on the importance of these matters. So, yes, this will impose a burden on employers, particularly small ones, but it is very much in their interests to protect themselves against legal liability and to deter such action taking place.

[Baroness Doocey (LD)]

My Lords, these amendments ask employers not only to react when something goes wrong but to look ahead, identify the risks and take sensible steps to prevent harm before it happens. That is especially important for women and those in insecure or public-facing roles, who we know are more likely to be targeted and less likely to feel safe reporting what has happened to them.

The statistics are damning. There were nearly 700,000 incidents last year alone, with attacks on lone workers surging by 132% over three years. We strongly support the aim of these amendments; however, as we did previously, we have questions around how a duty to eliminate risks, so far as reasonably practicable, would work in small businesses on tight margins. Layering new mandates on top of existing duties under the Equality Act and employment law risks confusion, which could dilute accountability. This is not an argument against doing more, but a practical issue which needs to be addressed.

There is also a wider cultural point. Legislation can set clear expectations, but workers will be safer only if staff feel confident to report incidents and these reports lead to action, not to victims being sidelined or blamed. Training, confidential reporting routes and proper follow-up, all mentioned in the amendments, are not extras; they are essential if any new duty is to change what has sadly become everyday reality for many people just trying to do their jobs.

Crime and Policing Bill

Debate between Baroness Doocey and Lord Pannick

Committee stage
Tuesday 9th December 2025 Lords Chamber

[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.

Crime and Policing Bill

Debate between Baroness Doocey and Lord Pannick

Committee stage
Tuesday 9th December 2025 Lords Chamber

[Lord Pannick (CB)]

My Lords, I support the noble Baroness’s amendment for the reasons she gives and for a further reason, which is that I deprecate the practice of Ministers of all Governments of not bringing into force legislation which has been enacted by Parliament. Parliament intends legislation to come into effect; otherwise, we are wasting our time debating and approving it. Parliament enacts legislation to address a mischief, as, in this case, the mischief that the noble Baroness, Lady Brinton, has identified. Of course, I understand that sometimes time is needed to prepare for the effects of legislation, perhaps because implementing regulations are needed, but after two years, it is high time for this legislation to come into force.

[Baroness Doocey (LD)]

My Lords, this amendment exposes the indefensible gap between Parliament’s clear intent and women’s lived reality. The new offence was deliberately framed to capture deliberate, targeted and deeply damaging conduct, with a suitably serious maximum penalty, but without commencement, there are no consequences for offenders and no visible progress for the public. The Government’s delay sits uneasily alongside their stated ambition to halve violence against women and girls, particularly given previous assurances that implementation would follow swiftly as part of their wider strategy.

From these Benches, the message is simple: Parliament has already done the hard work in legislating; what is now required is immediate commencement, not further consultation or prevarication, so that this cross-party achievement can finally begin to offer real protection on the streets and in public spaces.