Crime and Policing Bill

Lord Russell of Liverpool Excerpts

Wednesday 4th March 2026 Lords Chamber

[Baroness Brinton (LD)]

My Lords, it is a pleasure to follow the Minister and from these Benches we support the changes set out in her Amendment 338. My Amendment 361A says that if

“there is reasonable suspicion that a death by suicide has been preceded by a history of domestic abuse committed against the person by another person, the relevant police force must investigate that suicide as if it were a potential homicide”.

My honourable friend Marie Goldman MP has talked with a number of domestic abuse campaigners who have become increasingly concerned that police and CPS procedural policy should include this presumption, because sometimes it is missed. Pragna Patel from Project Resist launched a Suicide is Homicide campaign last year, and the group Advocacy After Fatal Domestic Abuse has been calling for this for many, many years. Frank Mullane, its chief executive, said to the Guardian that doing this would guard against evidence being destroyed or lost,

“for example where police have returned the victims’ phones and laptops”,

after an assumption of suicide has been made, thus losing key evidence that might be needed at a later date.

On Monday, the Scottish courts convicted a man of killing his wife after she took her own life. There was a history of domestic abuse right from when they first got together, which included his choking her. There was considerable evidence that he had continued to coerce and pressure her, which eventually forced her, very regrettably, to take her own life. This news from Scotland is good, and I am very grateful for the discussions with the Minister, but I hope she will look favourably on this and reassure your Lordships’ House that the Government will consider putting it into practice.

[Lord Russell of Liverpool (CB)]

My Lords, I want briefly to thank the Government for Amendment 338. I know the Domestic Abuse Commissioner and her team are extremely grateful that they have been listened to—this is something they have wanted for some time—so I would just like to say a big thank you for that. On Amendment 361A from the noble Baroness, Lady Brinton, I understand the reasons for it, and I hope the Minister will be able to give an encouraging response. As far as Amendment 409C is concerned, I cannot see the Government accepting that. The reasoning behind it is right, but I cannot see it being practical or effective.

[Lord Davies of Gower (Con)]

My Lords, I thank the Government and the noble Baroness, Lady Brinton, for their amendments in this group. I do, however, have some concerns about the Government’s Amendment 338. We on these Benches believe that domestic abuse protection orders are a very important civil tool; indeed, they were introduced under the previous Conservative Administration. However, they are not, and should never become, a substitute for proper criminal justice consequences. Amendment 338 will expand orders to include mandatory participation in assessments and activity programmes. With respect, I do not believe that the answer to domestic abuse lies in programme participation; it lies in firm sentencing and, where appropriate, immediate custody.

I raise these concerns in the wider context of the Government’s sentencing policy. During the passage of the Sentencing Bill, this House divided at Report on a Conservative amendment that sought to exempt domestic abuse offences from the new rebuttable presumption against short custodial sentences of 12 months or less. Noble Lords on these Benches, in particular my noble and learned friend Lord Keen, argued that domestic abusers should not benefit from an assumption in favour of suspension. When the issue was pressed to a vote, the Government resisted that exemption.

Noble Lords are therefore now faced with an uncomfortable contradiction. The Minister will no doubt say the Government are determined to be tough on violence against women and girls; yet, when given the opportunity to ensure that domestic abusers would not fall within an automatic presumption against immediate custody, they declined. Against that backdrop, it is difficult to accept that expanding programme requirements within civil protection orders represents a meaningful, tough stance against domestic abuse. Real deterrence requires certainty of punishment.

Turning briefly to Amendment 361A, I have sympathy with its intention. Where suicide may have followed a history of domestic abuse, investigation must be rigorous and sensitive. However, requiring all such cases to be investigated as if they were homicides raises practical and legal concerns. Police investigations must follow clear evidential thresholds, and homicide procedures carry significant procedural and resource implications. A rigid statutory instruction risks unintended consequences and may not in practice deliver better outcomes. It is for officers and detectives who arrive at the scene of a crime to determine, on the basis of the available evidence, how to investigate that death. Prescribing in law how to advance an investigation in specific circumstances is not an appropriate course of action.

In conclusion, I am not persuaded that expanding the scope of domestic abuse protection orders is a legislative solution to the problems women and girls face daily. I look forward to the Minister’s response.

--- Later in debate ---

[Baroness Verma (Con)]

My Lords, I completely support my noble friend. I have worked in this area for over three decades and know the communities well. Sadly, unless it is very clear that those community members will be punished in the same way as the perpetrator—in many cases, there are many perpetrators —this will not be effective. Clarity needs to be put into legislation, so I wholeheartedly support my noble friend.

[Lord Russell of Liverpool (CB)]

My Lords, this has echoes of previous legislation that has passed through your Lordships’ House. In the three or four years before the Domestic Abuse Act became law, if you had asked people to define domestic abuse, I think you would have had a range of interpretations, many of which would be somewhat wide of the mark compared with what is in the Act and is now generally understood by courts and police forces across the country.

We had a similar journey to go through when we talked about the appalling incidents of non-fatal strangulation, which, again, was a very strange term for many people to hear at the beginning. It takes a while for people to understand the concept and for there to be clarity on what it does and does not mean. For those who have been involved directly with honour-based abuse, including the extraordinary work that Karma Nirvana has done, and those who have been in this field for years, it is completely clear what honour-based abuse is. However, for many people who have not had direct exposure to that, including the people who may be asked to help, intervene and make judgments in these cases, it would be extraordinarily helpful for the definition to be as clear to a non-legal layman, who is trying to help and give support, as it would be to an experienced legal brain.

[Lord Polak (Con)]

My Lords, first, I want tribute to my noble friend Lady Sugg, who has brilliantly led this campaign. I also pay tribute to Payzee Mahmod, who I was fortunate to hear give evidence in the House on Monday on the whole issue of honour-based abuse. I would never dream of taking issue with my friend, the noble Lord, Lord Pannick, on any legal matter at all, but he talked about the issue of ambiguity and the courts deciding. Why not just get it sorted out now, so that there is no ambiguity? That is why I support my noble friend Lady Sugg in getting the words in now. From what I heard on Monday, it is clear that this would accurately reflect the multi-perpetrator dynamics of the issue. It would provide clarity to professionals and strengthen the safeguarding responses, and it would deliver on the Government’s commitment to a robust definition. Getting it right now would stop any ambiguity, so I hope that the Minister will listen carefully to the noble Baroness, Lady Sugg.