Crime and Policing Bill

Lord Pannick Excerpts

Tuesday 9th December 2025 Lords Chamber

[Lord Hanson of Flint (Lab)]

I am grateful to my noble friend Lady Ritchie of Downpatrick for commencing this discussion and debate. A number of views have been expressed in Committee today and some go wider than the amendments that are before us. The noble Earl, Lord Attlee, raised a number of issues which go beyond what is before us. My noble friend Lady Ritchie also touched on the amendments in the name of my noble friend Lady Goudie. It is clear that there are differing views in the Committee—from the noble Baroness, Lady Featherstone, the noble Earl, Lord Attlee, and indeed the noble Lord, Lord Cameron of Lochiel, on the Front Bench opposite—which tells me that this is a truly complex area where there are very different legislative options open and where the Government need to consider very carefully what needs to be done.

The Government are absolutely committed to tackling the harms associated with prostitution and sexual exploitation, including where it takes place online. This is an important part of our work on tackling violence against women and girls which, as colleagues in the Committee will know, is a top government priority, and about which we will be saying more shortly. But we need to look at the evidence. We have limited evidence as to what will most effectively reduce demand for prostitution and disrupt exploitation without—and this is the key point that came out of some of the contributions—unintentionally causing harm to victims and survivors and making life more difficult for those who choose that lifestyle. I say to my noble friend that the Government are not in a position to accept the amendments today, but I want to make it absolutely clear that we are in the business of taking steps to tackle sexual exploitation and to gather evidence to inform further interventions in the future.

Amendment 310 in the name of my noble friend Lady Goudie would make it an offence to assist, facilitate, or control the prostitution of another person, regardless of whether the individual secures any personal gain from this facilitation. The broad wording of this offence could—and again this echoes what the noble Baroness, Lady Featherstone, said—have an adverse consequence for people who choose to be engaged in prostitution, for example, by criminalising professionals such as healthcare support workers, charities which provide sexually transmitted infections testing or those providing contraception or safety planning. The noble Baroness, Lady Featherstone, made a compelling case around some of the issues that the Government have reflected on in relation to that amendment. My noble friend Lady Goudie’s amendment would also make it a criminal offence to operate a website hosting adverts for prostitution, and I will come back to that again in a moment, if I may.

My noble friend Lady Ritchie, in Amendments 316A and 316B, would introduce new criminal offences to tackle the sale of personalised sexual content online, including audiovisual and visual content. Amendment 316A would make it an offence to own, manage or facilitate one of these online platforms, while Amendment 316B would create an offence of causing or inciting an individual to sell personalised sexual content on these platforms. It would also introduce a duty on the online platform to remove personalised sexual content within 24 hours if an individual is convicted of the offence and if an individual who is incited to sell the content has requested its removal.

The Government recognise very strongly that we need to take action to tackle these websites. The so-called pimping websites need to be addressed and tackled. However, I would argue that criminalising those websites may have safety implications for people who sell sex and may result in displacement to on-street prostitution, which is more dangerous for individuals. It may also disrupt policing operations. The police can scan adult service websites for signs of vulnerability and exploitation and to gain data to support criminal investigations.

I accept that members of the Committee might want government Ministers to say that, but Changing Lives, an organisation supporting people who have been sexually exploited, also advocates against criminalising adult service websites. Instead, it is calling for stronger regulation, more referral mechanisms and more funding to support people affected by exploitation.

Amendment 311 in the name of my noble friend Lady Goudie would make it an offence for an individual to pay for or attempt to pay for sex either for themselves or on behalf of others. The Government have looked in detail at this approach in other countries which have taken it and have seen indications that the law can be misused to harass and victimise people engaged in prostitution. Again, that is a matter for debate and discussion, but that is the view the Government currently take.

Amendment 312, in the name of my noble friend Lady Goudie, would repeal the offence in Section 1 of the Street Offences Act 1959 which criminalises a person aged 18 or over who persistently loiters or solicits

“in a street or public place for the purpose of prostitution”.

Amendment 313 would disregard prior convictions and cautions. There may be some common ground here, because I absolutely recognise the concern that this offence may criminalise vulnerable individuals and restrict their opportunities for employment. However, I am also mindful that on-street prostitution can have an impact on local communities, and it is important that we consider their views.

My noble friend Lady Goudie, were she able to be here, would say that the criminal law rightly evolved in 2015 to make it clear that children cannot be prostitutes and that any child who is paid in exchange for sex is clearly a victim of child sexual exploitation. Therefore, I would argue that it is long overdue that individuals issued cautions or convictions for the offence in Section 1 of the Street Offences Act before 2015 have their criminal records expunged.

The noble Lord, Lord Cameron, asked for details. I simply repeat: children cannot be prostitutes. Children who are paid in exchange for sex are clearly victims of sexual exploitation. The records currently in place provide significant barriers to the employment and psychological rehabilitation of those who are now adults. It is important that we look at the long-term consequences of those incidences and help support them in rebuilding their lives. That is why we have tabled government Amendment 308, which will disregard convictions and cautions for Section 1 offences issued to under 18s. Amendment 309 will provide pardons for such convictions and cautions.

In each case, what we have tried to do—I hope the noble Lord, Lord Cameron, will reflect on this—is to ensure that the disregard and pardon are automatic. We do not want to retraumatise victims and survivors of childhood abuse by requiring them to go through an application process. I asked today in our internal Home Office discussions how many individuals this could impact. We have looked at the figures for the last 30 years and assess that 350 to 352 individuals would fall under the auspices of that. Someone aged under 18 30 years ago is now approaching their 50s. I say to the noble Lord, Lord Cameron, that for that person an offence committed as a child would still be on their record. Something they maybe did not have responsibility for at the time would therefore impact upon their employment and life chances. Therefore, I would welcome his support for that repeal.

[Lord Pannick (CB)]

I entirely support what the Minister is putting forward. Is it the intention of the Home Office to track down these 350 or so individuals and notify them of the consequences of this legislation when it is enacted?

[Lord Hanson of Flint (Lab)]

We will reflect on that, but, as I said, the disregard and pardon will be automatic, so it will happen if the Bill receives the support of both Houses and Royal Assent. I will reflect on what the noble Lord said, because there may be an opportunity to consider that. However, I do not want to commit to it today, because we do not necessarily know where someone who was that age in 1995 is now—the address, contact details and so on might all be different. The key point is that this is an automatic disregard for those individuals, so if publicity is given to this new clause and the Bill receives Royal Assent, it will potentially lift a burden for those who were under 18 at the time.

The Government cannot share in the support for repeal of the Section 1 offence for those over 18, and I can give reasons for that. We will consider in future, if the Section 1 offence is repealed in its entirety, whether the disregard and pardon should be extended to adults, because that is a separate issue. However, today I wanted to focus on those under 18.

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[Baroness Brinton (LD)]

My Lords, Amendment 315 seeks to do something very simple but long overdue: automatically commence the Protection from Sex-based Harassment in Public Act 2023 when the Crime and Policing Bill receives Royal Assent. The Act requires the Government to pass a statutory instrument to commence its provisions. We have been waiting two years now for this SI, so the Act is not in force. Of the four sections in the Act, the only one in force is Section 4, on the extent, commencement and Short Title of the Act.

As with other groups this evening, this amendment has a cross-party background. It is worth noting and giving credit to Greg Clark, the former MP for Tunbridge Wells, because this was his Private Member’s Bill, sponsored by him and given time by the then Conservative Government. Greg said he had heard some harrowing experiences of school students in his constituency. It is really shocking that one in three girls reports being sexually harassed while wearing a school uniform. In our society in 2025, that is unacceptable. The 2023 Act creates a new specific offence of harassment on account of an individual’s sex.

The amendment to this Bill was tabled in the Commons by my honourable friend Mike Martin MP, who is now the MP for Tunbridge Wells. Like Greg Clark, Mike Martin believes that the Government need to create the statutory instrument to bring it into effect, but there has been nothing other than warm words from Ministers—no action has happened. The Act criminalises harassing, following, shouting degrading words or making obscene gestures at women and girls in public places with the deliberate intention of causing them harm or distress. This offence will carry a maximum sentence of two years’ imprisonment and under the Government’s new proposal would clearly still come under the magistrates’ courts, whereas in the past it would have not been able to, but would have had to go to a Crown Court. As Mike Martin MP said in the Commons debate, sexual harassment is a blot on our society.

The statistics are damning. Some 71% of women in the UK have experienced sexual harassment in public; this rises to 86% among women aged 18 to 24. The lack of action from this Government on ending the sexual harassment of women, especially young women, is not good. Mike Martin MP tabled a Written Question on this back in the spring, and the Government said then that they would publish their next steps. However, more recently, the Government said that it will be done in due course. To be honest, this sounds as though it is further away than the next-steps offer made earlier this year. The amendment says that now is the time.

Greg Clark’s Private Member’s Bill had cross-party support and this amendment also had cross-party support when the Bill was debated in the Commons. I worry that this Government cannot deliver on their manifesto commitment to halve violence against women and girls when they will not take this straightforward first step to challenge and prevent the appalling sex-based harassment that continues to be so evident everywhere in the UK. I look forward to the Minister’s reply but, above all, I urge that now is the time for action on this matter. I beg to move.

[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.

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On my amendments to delete summary trials, as the Committee knows, I am always an advocate for much harsher penalties and feel that the vile abuse of animals should be a Crown Court matter. However, I will not persist with that either, and I trust the judgment of the noble Lords who have tabled the excellent proposed new clause. For all these reasons, I will not seek to press any of my amendments.

[Lord Pannick (CB)]

My Lords, since the noble Lords, Lord Black and Lord Blencathra, have said that this is not an easy subject, I remind the Committee of what happened when Section 69 of the Sexual Offences Act 2003 on sex with animals was debated in this House in Committee on 1 April 2003. I draw attention to what the noble Lord, Lord Lucas, said on that occasion:

“I hope that this matter is not something that most noble Lords come across. As we rarely have the opportunity to talk about such subjects, it seems right to ensure that any possible imperfections in the wording are covered, however difficult it may be to talk about them”.—[Official Report, 1/4/03; col. 1186.]


That wise advice applies today.

The prohibition of sex with animals has a long history. It was proscribed in Leviticus, chapter 18, verse 23. Coke’s 17th-century Institutes of the Lawes of England, volume 3, page 59, refer to the criminal offence by a “great Lady” who

“committed Buggery with a Baboon, and conceived by it”.

As the noble Lord, Lord Black, has explained, the limits of Section 69 of the Sexual Offences Act, like its predecessors, are that it covers only some sexual activity—penile penetration of the vagina or anus of the animal or of a human being by an animal—and does not apply to sexual activity with a dead animal. The exclusion of sex with a dead animal is particularly odd, as the next section of the 2003 Act, Section 70, does make it a criminal offence to engage in penetrative sex with a human corpse. The amendment would extend the scope of the offence to cover all “sexual activity” with an animal or using an animal for sexual gratification.

The noble Lord, Lord Black, has sought to define sexual activity in this context with a degree of precision in proposed new subsection (2), but has also left room for debate by stating that sexual activity “includes” what is specified. Of course, sexual activity is as broad as the human imagination. I suggest to the noble Lord, Lord Black, that it would be preferable for an amendment to the law not to attempt a legislative Kama Sutra of possibilities but rather to adopt the approach seen in other sections of the 2003 Act.

The 2003 Act already uses the concept of “sexual activity”, for example in Section 4, and Section 78 provides a general definition of sexual activity. Sexual activity, says Section 78, means what a reasonable person would regard as sexual in nature, irrespective of the defendant’s purpose in relation to it. There is a slightly different definition in Section 71 relating to sexual activity in a lavatory, and I confess that I have not fully understood why Parliament in 2003 used a slightly different definition in that context. However, I suggest to the noble Lord, Lord Black, that it would be better to have a portmanteau phrase, “sexual activity”, so defined, which is already the approach that the 2003 Act takes in Sections 4 and 78.

I am pleased that the noble Lord, Lord Blencathra, will not pursue his original wish to substitute the term “bestiality”. My understanding is that, as a matter of law, bestiality is confined to penile penetration of the vagina or anus, which is contrary to the admirable intention of the noble Lord, Lord Black, to broaden the scope of the legislation.

It may also be helpful to include a definition of an “animal” in the new clause by cross-reference to other statutory definitions. As the Committee will know, the Animal Welfare Act 2006 provides by Section 1 that it applies to vertebrates other than man, but there is a power by regulations to extend the protection to cover classes of invertebrates. The Animal Welfare (Sentience) Act 2022 covers, in addition to non-human vertebrates, molluscs and crustaceans. I doubt—the noble Lord, Lord Black, may have broader knowledge than me —whether sexual activity with a mollusc or a crustacean is a mischief which the Bill needs to address.

I have one final point. As was mentioned, this amendment would increase the maximum sentence of imprisonment for the Section 69 offence from two years to five years. I am doubtful about that. I would expect that defendants who are found guilty of the sexual abuse of animals nowadays are, as they always were, sad, pathetic individuals who need help rather than a lengthy prison sentence of more than two years. I would be very interested to hear from the Minister whether in any of the cases under the current Section 69 in the last few years any defendant has received a sentence of two years, or whether any judge has complained that the current sentencing powers of a maximum of two years are inadequate.

[Lord Goddard of Stockport (LD)]

My Lords, I support Amendment 316 from the noble Lord, Lord Black of Brentwood. Unfortunately, the noble Lord, Lord Pannick, has just taken my entire speech away from me, so I will not quote Coke’s. I thank him for what he has said. He is a lawyer and he has tried to help with this.

On the point of this amendment—I declare an interest as a vice-chair of the APPG on Cats—the noble Lord, Lord Black of Brentwood, has our support on animal welfare, and indeed he has been driving this for a number of years via a number of APPGs. So the essence of what he is trying to do is right. The comments that the noble Lord, Lord Pannick, made are helpful: perhaps when we get to another place, we will have a better-worded amendment that carries more support.

For me, the reason I am supporting this is because of the animal side, but there is evidence that the abuse of animals leads to abuse of children. That link is clear, and there is evidence from everywhere that that is where it starts, but it ends with children and young people.

That is why this amendment, difficult as it is to speak about, is vital. When the evidence is there of a cause leading to a different cause that is worse, the amendment should get the support of this House and the Government. The noble Lord, Lord Blencathra, is right; he is trying to right a wrong and he understands the points of law. His principle is right: this does need resolving, and it is an important issue to animal lovers. Lots of animal lovers in this country have no idea that this is going on around them. The noble Lord, Lord Pannick, may be right, in that some of the people in question are poor people who are not part of society; but there are also those who kill animals for videos and live feeds, to be watched for money. That is going on all around the world; it is not just an English problem.

There is a bigger picture. This is not just about an unfortunate person abusing an animal; like everything else in today’s debate, it is a wider society problem. I hope that people approach this with the gravitas it deserves. Animal abuse is one thing; but transferring that to children and young people is equally important. That is why I support the amendment.

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[The Parliamentary Under-Secretary of State, Ministry of Justice (Baroness Levitt) (Lab)]

My Lords, I do not think anyone could disagree that this is a deeply troubling and uncomfortable issue. I begin by thanking the noble Lord, Lord Black, for moving his amendment, and the noble Lords, Lord Goddard and Lord Cameron, and the noble Baroness, Lady Doocey, for their contributions. I also thank the noble Lord, Lord Black, for sharing a copy of his speech with me yesterday—it was helpful and informative.

The Government are committed to protecting animals and holding to account those who abuse animals. I listened with care to the concerns raised by the noble Lord. These are horrible offences. That said, we believe that the criminal law as a whole already provides sufficient powers to tackle the sexual abuse of animals as well as the robust offences to tackle child sexual abuse and domestic abuse.

I pause here to say that while this is not a laughing matter in any way at all, I shall long remember the striking description of the Kama Sutra of sexual offences against animals given by the noble Lord, Lord Pannick. I will have to write to him about the sentences imposed for animal abuse, although I am rather minded to agree with those noble Lords who spoke about the fact that there are pathetic individuals but there are also some really wicked ones out there as well.

As the noble Lord, Lord Black, has said, sexual abuse of animals causes them suffering. It is therefore possible to prosecute sexual acts involving animals under broader animal cruelty offences, which bring with them additional powers for the courts to impose orders on offenders.

As the noble Lord said, this is in addition to Section 69 of the Sexual Offences Act 2003 and Section 63 of the Criminal Justice and Immigration Act 2008. The latter two offences are listed in Schedule 3 to the Sexual Offences Act 2003, meaning that if convicted, individuals are automatically subject to the notification requirements, which is colloquially known as being on the sex offenders register.

We acknowledge that the law in this area is set out across a number of different offences. However, we believe that, taken together, these offences ensure that there is sufficient coverage of the sexual abuse of animals in criminal law. We are not persuaded at present that these amendments would substantially increase protection for animals or for people who are victims of sexual abuse. There is plainly coexistence of the two groups of offences. We are less sure that there is evidence for a causative link between the two.

Having said that, I welcome the evidence that the noble Lord shared in his speech. To that end, I would welcome a discussion with him in the coming weeks to look at the issues he has raised; first, in relation to the need for specific further offences and, secondly, the evidence in relation to the possible causative links between the two groups of offending.

My notes say that I will now turn to Amendments 316ZA to 316ZE, tabled by the noble Lord, Lord Blencathra, but I shall not turn to those, as the noble Lord does not intend to press them. I am grateful to him for his temperate and constructive comments on this issue.

I was going to say that I would be happy to meet with either or both of the noble Lords to discuss any evidence suggesting that there are gaps in the law. That offer still holds good. In the meantime, I invite the noble Lord, Lord Black—

[Lord Pannick (CB)]

I am grateful to the Minister. Does she not agree, however, that it is arbitrary in the extreme that Section 69 of the Sexual Offences Act 2003 addresses sex with animals, but that it covers only specific, very limited forms of sexual activity? If you are going to have a specific offence, surely it should cover a wider range of sexual activity with animals, not just the limited categories that we have discussed.

[Baroness Levitt (Lab)]

The Government are satisfied that, when looked at as a whole, all the possible offences here cover the conduct complained of. However, I am conscious that there are ways of committing sexual offences that have not necessarily occurred to the draftsmen of earlier legislation. The best that I can offer the noble Lord is that I will reflect on the matter. I invite the noble Lord, Lord Black, to withdraw his amendment.