Police and Criminal Evidence Act 1984 (Codes of Practice) (Revision of Code A) Order 2022

Lord Sharpe of Epsom Excerpts

Tuesday 10th January 2023 Lords Chamber

Moved by

[Lord Sharpe of Epsom]

That the draft Order laid before the House on 13 October 2022 be approved.

Relevant document: 15th Report from the Secondary Legislation Scrutiny Committee

[The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)]

My Lords, this order was laid in draft before Parliament on 13 October 2022. It will bring into effect a revised code of practice issued under Section 66 of the Police and Criminal Evidence Act 1984, which I shall call “PACE” from now on. This is PACE Code A, which governs the exercise by police officers of powers to stop and search a person without first arresting them. For England and Wales, PACE sets out the core powers of the police to prevent, detect and investigate crime. The exercise of these powers is subject to codes of practice, or PACE codes, which the Secretary of State is required to issue. The PACE codes put in place important procedural safeguards for the public and detainees when the police exercise their powers.

The proposed amendments to PACE Code A, which we are discussing today, relate to police powers to stop and search individuals subject to a serious violence reduction order, which I will refer to henceforth as “SVROs”. Inserted into the sentencing code by the Police, Crime, Sentencing and Courts Act 2022, SVROs are civil orders which give the police powers to stop and search individuals convicted of an offence where a bladed article or offensive weapon was used or was present. Cracking down on knife crime is a priority for the Government, and SVROs are an important part of that crucial endeavour. By increasing the risk of detection, these orders are designed to deter habitual knife carriers from reoffending, as well as to help prevent exploitation into continued criminality, including further weapons carrying.

We must build an understanding of the impact of the new orders, so the issuing of the orders will be piloted in West Midlands, Merseyside, Sussex and Thames Valley police force areas. The pilot will be independently evaluated before a decision is made on rollout of the orders across England and Wales. We have proposed these revisions to PACE Code A to ensure that proper guidance and safeguards on the use of the new stop and search power are in place for the pilot.

The proposed revisions were subject to a statutory consultation, which ran for six weeks; they introduce a new temporary annexe, G, which deals with searches in relation to SVROs. In particular, the code highlights that the power does not require officers to have prior reasonable grounds, but its use must not be based on prejudice; it highlights that searches can be conducted only on those subject to an SVRO, and that officers should seek to confirm the identity of the individual; it outlines that the use of the power, like all other stop and search powers, is discretionary, and that officers will be expected to use their judgment when choosing to conduct searches; it outlines that the new annexe will apply for 24 months, plus an additional six-month transitional period; and it outlines the territorial extent of the use of the powers. While SVROs will be issued only in the pilot police force areas, the stop and search powers will be available across England and Wales.

On concerns around disproportionality and the impact of stop and search on particular communities, our aim is for these orders to enable police to take a more targeted approach, specifically in relation to known weapons carriers. The code of practice is just one of many safeguards in place to ensure the fair and proportionate use of SVROs. The revised code was laid before Parliament together with the draft order and Explanatory Memorandum. Subject to the order being approved, the revised code will come into force on 17 January 2023. I must highlight that this date is not a fixed date for the commencement of the SVRO pilot: we are ensuring that all the appropriate secondary legislation is in place before commencing in early 2023.

Fighting crime and protecting the public are central to the Government’s agenda. I therefore commend the draft order to the House and I beg to move.

--- Later in debate ---

[Lord Coaker (Lab)]

My Lords, I start by thanking the noble Lord, Lord Paddick, who made some important and interesting points. I agree with many of them and I look forward to the Minister’s response.

The Chamber will wish to know that we did not oppose the Motion for this pilot in the other place, but there are also important points that I wish to pose to the Minister to add to those made by the noble Lords, Lord Paddick, Lord Moylan and Lord Hogan-Howe, and the noble Baroness, Lady Jones. I also thank the noble Lord, Lord Paddick, in another sense, in that this also gives us in this Chamber the opportunity to discuss knife crime, which is clearly an important matter.

We are all horrified by knife crime and the horrific murders, sometimes of young people by other young people, in the most shocking of circumstances—in full public view. Can the Minister start by telling us what the latest figures actually tell us with respect to knife crime? I looked for them before this debate, and some are impacted by the pandemic or use different years as a baseline. What are the actual official figures for knife crime and knife-related murder, and not just in London but across the country? Clearly, whatever the figures are, they are too high, and the fundamental question for this debate is how serious violence reduction orders are expected to help. The noble Lord, Lord Moylan, made the point that knife crime prevention orders were backed as the answer to tackle knife crime back in 2019. They have not even started yet. Why is that, and when will they start?

On the issue of disproportionality, the pilot is for two years. However, supposing that problems emerge around disproportionality before the two years—a point the noble Baroness, Lady Jones, made—is there a mechanism for an earlier review within that two-year period to look at data as it emerges? The Minister in the other place says he is open to this. What does that mean: an interim review after, say, six months, or a year? What does the Government being “open to looking at this” mean?

Can the Minister explain the transition period of six months and how that will work in practice? In particular, how will it impact on an individual given such an order as regards its length? Are all orders for only a six-month duration or just those issued on the last day of the two-year pilot, hence the six-month transition period? It is not clear to me at all, because if you are given an SVRO on the last day of the two years, it can last only for a maximum of six months. If you are given it on the first day of the two-year period, can you be given it for two years, or two years and six months, or can you be given it for six months, then another six months and another six months? Some clarity about who can and cannot be given SVROs is needed.

On the issue of territorial extent, the SVROs will be able to be used only in the four areas—the noble Lord, Lord Hogan-Howe, made a good point about how the areas were chosen, why certain other areas were not and why the number four was alighted on, and I think the Chamber could do with some explanation of that from the Government. These four areas are the areas where the orders can be given but, as the noble Lord, Lord Paddick, mentioned, the concern is that the police power will be applied across England and Wales. How will the data be shared by these four areas with forces across the country? What about Scotland? If somebody who is subject to such an order went to Scotland, what happens with respect to that? How will a police officer be able to know that the individual is subject to an order? Again, the noble Lord, Lord Hogan- Howe, made that point, although I understand that his point was that you would expect it to be on the police database and shared in that way. However, it would be interesting to see how that will work and what the Government’s response would be.

In other debates, we have talked about stop and search, including whether only a uniformed officer can use this power; again, the noble Lord, Lord Paddick, has made this point forcefully before. With respect to this order, can only a uniformed officer use this stop and search power—particularly given that, as noble Lords will appreciate, it is stop and search that can be done without suspicion? How many officers have now received the College of Policing training on stop and search, and will they be updated with respect to this order?

On the question of pilots, can the Minister look at ensuring that, if, for whatever reason, a future pilot contains one part that is focused on a small number of areas and another part that is to be applied nationally, this is clearly explained—particularly in this case where, as the noble Baroness, Lady Jones, and the noble Lord, Lord Paddick, have pointed out, this pilot came about as a result of a concession made by the Government because of the concerns about serious violence reduction orders raised by many noble Lords?

Can the Minister say something to inform us how this pilot will be evaluated by Ecorys? How is it going to do that? What criteria is it going to use to determine whether this pilot has been successful? Will it be fully independent of government? Also, are the Government open to the fact that these pilots may fail and not work? In those circumstances, would the Government be prepared to say that they will not carry on with them? The evaluation is particularly important given the concerns around disproportionality with respect to gender and ethnicity. If the evaluation shows that there are problems, the Government should consider other measures.

We all want to tackle knife crime, whatever its level; there is no difference between us on that. There are real issues for us as a society to deal with, as the Minister in the other place said. I want to point out one statistic that the Minister in the other place used so that noble Lords can see how difficult this is, whatever the level of knife crime. He said that

“young black people are 24 times more likely to be murdered using a knife than those from other communities.”—[Official Report, Commons, Ninth Delegated Legislation Committee, 13/12/22; col. 8.]

We all want something to be done about that. We all accept that that figure is too high. The issue for the Government is how on earth knife crime prevention orders are going to tackle that and other issues related to knife crime across the country. Can the Minister say what else the Government are doing to tackle this problem?

We have this new order alongside other orders designed to tackle knife crime and serious violence. We all hope that they work. However, as the noble Lord, Lord Paddick, and others pointed out, targeting hot spots, having police on the streets in neighbourhoods, prevention, community engagement and support are also crucial. Many lives, often very young ones, are still being lost. Many families are still affected. Many communities are still affected. Orders such as this one may help, but they must be part of a wider ongoing effort by the police and communities if they are to have the impact that we all want.

[Lord Sharpe of Epsom (Con)]

My Lords, I am grateful to all noble Lords who have made valuable contributions to this debate.

First, I will address the concerns expressed by the noble Lord, Lord Paddick, in relation to the territorial extent of the SVRO pilot. I want to clarify that, as I said earlier, SVROs are being introduced on the basis of a pilot in Merseyside, West Midlands, Sussex and Thames Valley police forces. They will be issued only in these four pilot police force areas. However, as the revised PACE Code A sets out, the stop and search powers are enforceable by all constables across England and Wales; the “all constables” point answers the question of whether they will be in uniform, I think, but obviously they would have to identify themselves as such. This is aimed at supporting an operational response across police force areas, allowing constables from non-pilot forces to stop and search individuals subject to SVROs if they travel outside of the pilot area.

The noble Lords, Lord Hogan-Howe and Lord Coaker, asked why we are piloting in those force areas and not with larger forces, where the prevalence of serious violence—

[Lord Coaker (Lab)]

I am sorry to interrupt; I apologise to the Minister for being rude. I am not clear what he means about whether or not an officer using this stop and search power must be in uniform. This is an extremely important point. I am sorry if it is just me and I did not understand, but I wonder whether the Minister can clarify that point.

[Lord Sharpe of Epsom (Con)]

That is no problem at all. I will do my best to clarify that by the end of this speech, but as I understand it, it is all constables, which I assume includes those who do not necessarily wear a uniform.

Regarding the territorial extent of the pilot and why we are piloting in these force areas and not larger ones, where the prevalence of serious violence is higher, all four forces that will pilot SVROs are in the 20 areas most affected by serious violence across England and Wales. They accounted for 80% of all hospital admissions for injury with a sharp object, with each individually accounting for 2% or more of admissions, rounded to the nearest percentage point. The West Midlands has the third-highest rate of knife crime in England and Wales, and Merseyside the sixth-highest. The pilot will allow us to build an understanding of the impact and effectiveness of the new orders before deciding whether they should be rolled out nationally to other force areas. I hope that answers the question.

I have heard what the noble Lord, Lord Paddick, had to say on this topic; however, stop and search powers are not enforceable across England and Wales. As the noble Lord, Lord Hogan-Howe, noted, individuals subject to SVROs could simply operate outside the pilot areas. The Government held a statutory consultation on the revised code. This issue was discussed at length with key stakeholders, who strongly supported allowing the use of stop and search powers by police constables both within and outside the police force areas. In answer to the question asked by the noble Lord, Lord Paddick, about the Police Federation, it is a member of the PACE board and as such was invited to provide a response. Whether it did, I do not know. Like the proposed approach to SVROs, knife crime prevention orders, which have been referred to, are being piloted in the Metropolitan Police area and can only be issued in that force area. However, the orders are also enforceable across England and Wales.

I stress that this is only a pilot, but we are revising the PACE codes because they outline the fundamental principles of fair and responsible stop and search. We want to ensure that officers have clear guidance on the use of the new powers in the SVRO pilot, including through PACE codes of practice. The search power can only be used against persons who are subject to an SVRO. An individual can be issued with an SVRO only if they are over 18 and have been convicted of an offence involving a bladed article or an offensive weapon, and if the court considers it necessary to make the SVRO to protect the public from the risk of harm involving an offensive weapon or bladed article, or to prevent the offender from further offending involving an offensive weapon or bladed article. Therefore, while the police do not require reasonable grounds for suspicion, it is not an unrestricted stop and search power. The code of practice is clear that the use of the power must not be based on prejudice. The use of the power is discretionary, and officers will be expected to use their judgment when choosing to conduct searches.

The noble Lord, Lord Paddick, asked how, if individuals are not legally required to give their identity when stopped by the police, officers will identify those subject to an SVRO. The police will have obtained the offender’s details at the notification stage of an SVRO—there is the requirement for an individual subject of an SVRO to notify the police of their name and address—and they should ensure that any stop and search under the power is targeted at offenders that have a SVRO only. In most cases, it is expected that offenders subject to an SVRO will be known to the police and officers will be able to identify the offender before conducting a search. Where an officer is unsure of an offender’s identity, they should seek to confirm that offender’s identity and whether they have an SVRO before using the stop and search power. It is an offence for an offender to tell a police constable that they are not subject to an SVRO if they are.

The Government fully support the police in the fair use of stop and search to crack down on violent crime and protect communities. The code of practice is one of many safeguards in place to ensure the fair and proportionate use of SVROs. Others include statutory guidance for the police on the use of the power, which we have laid in draft before Parliament, body-worn video, and extensive data collection. Stop and searches carried out using the SVRO power will be subject to the usual internal and external scrutiny panels to ensure that forces are continually reviewing and learning from officer stop and searches.

The noble Lord, Lord Coaker, and my noble friend Lord Moylan asked about the evaluation of the pilot. We of course recognise the need for transparency in how the orders are used, and clear and robust monitoring to reassure communities that the orders are being used appropriately and effectively. The Government are piloting SVROs to build an understanding of their impact before deciding whether they should be rolled out nationally. By definition, that implies that if they do not work and we do not get sufficient data, they will not be continued with.

We have appointed an independent evaluator, Ecorys, to carefully gather the data necessary to assess the impact of these orders. We will lay a report on the outcome of the pilot in Parliament. It is expected in late 2025 and will include an initial assessment of the impact of SVROs on the reoffending rates of offenders in respect of whom such orders have been made; include information about the exercise by constables of the powers; provide an assessment of the impact on offenders of being subject to an SVRO; and assess the impact of SVROs on people with protected characteristics within the meaning of the Equality Act 2010. We are also working with the SVRO working group and the National Police Chiefs’ Council to ensure that all forces are aware of the draft statutory guidance on SVROs and the revised PACE Code A.

The noble Lord, Lord Paddick, asked me about training. I do not think it is for me to discuss operational matters particularly, but the training is being worked on by the College of Policing. It will be interactive e-learning training and will ensure that officers in pilot areas understand the new civil orders, their responsibilities and the stop and search powers being provided. This learning platform will test officer knowledge, including when it would or would not be appropriate to use the powers.

To sum up, we do not accept that the availability of the stop and search powers across England and Wales for individuals subject to an SVRO warrants the amendment tabled by the noble Lord, Lord Paddick. The rationale behind the approach we are taking is clear and sensible, and there are strong safeguards in place. Ultimately, we have a responsibility to tackle crime and keep people safe, and that is and will continue to be a key priority for the Government.

I welcome the fact that the noble Lord, Lord Coaker, mentioned victims; I will go into some detail on the statistics. The latest police-recorded crime figures published by the ONS for the year ending June 2022 show that knife-enabled crime remained 9% lower—that is, 49,991 offences—than pre-coronavirus pandemic levels; in the year ending March 2020, the figure was 55,076. Police-recorded offences of possession of an article with a blade or point were 9% higher in the year ending June 2022, at 25,287 offences, than the year ending March 2020, when there were 23,242 offences. That is a 13% increase. The police recorded 679 homicide offences in the year ending June 2022, which is a 5% decrease compared with the year ending March 2020. Levels have increased by 13% since the year ending June 2021, during which social restrictions were still in place.

I understand the concerns around disproportionality and the impact of stop and search, particularly on black individuals. But, as the noble Lord, Lord Coaker, has just mentioned, we should not forget that, according to the most recent studies, young black people are 24 times more likely to be victims of homicide than young white people. That is a tragedy. Young people are dying, their families are suffering and their communities are being disproportionately impacted. I totally agree with the noble Lord, Lord Coaker: we absolutely have to do better. I go back to the point I made earlier: to be absolutely clear, an individual must have been convicted of an offence where a bladed article or offensive weapon was used or was present to receive an SVRO, and the stop and search power applies only where an individual has an SVRO.

I will read out a supportive quote from Patrick Green, CEO of the Ben Kinsella Trust. As a reminder, Ben was knifed to death at the age of 16 in 2008; he would now have been entering his 31st year. Patrick said:

“We are pleased that the Government is setting out to do more to take knives and those who choose to persistently carry them off our streets. Reoffending rates have been one of the scourges of knife crime. SVROs give us a chance to look again at stop and search and what more can be done in the courts to reduce offending.”


That very powerful statement speaks for itself.

The policy detail of SVROs was discussed at length during passage of the Police, Crime, Sentencing and Courts Act 2022. As mentioned, they will be piloted and we will conduct a full evaluation before any further rollout.

My noble friend Lord Moylan went slightly off topic when he asked me about non-crime hate incidents. I will endeavour to answer. The Home Secretary has asked officials to consider the issue of NCHI recording to ensure that the police are using their time most effectively. This work is currently under way and includes consideration of whether the Home Secretary will publish a code of practice on non-crime hate incident recording, as provided for in Sections 60 and 61 of the Police, Crime, Sentencing and Courts Act.

In closing, I offer again my thanks to all noble Lords who contributed to this short debate. I hope that I have covered the points raised during it. There is one that I have not: I will write to the noble Lord, Lord Coaker, on the subject of uniforms; I cannot clarify that at this precise moment. I hope the House will feel sufficiently reassured that the changes we are making to PACE Code A are a necessary safeguard to have in place before commencement of the pilot scheme for SVROs. I have made it clear that public safety is our foremost concern. I therefore commend the order to the House.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, before the Minister sits down, I did not hear an answer to my two questions. I do not expect one as to whether the Government respect democracy because I know the answer to that, but my other question was about the pilot scheme. Why promise a pilot and then do the whole rollout?

[Lord Sharpe of Epsom (Con)]

I am not entirely sure that I understand the noble Baroness’s question. If you are going to have a pilot you have to roll it out, surely.

[Baroness Jones of Moulsecoomb (GP)]

Why not wait for the pilot to finish before you decide to roll out the whole thing more widely?

[Lord Sharpe of Epsom (Con)]

We have not actually started the pilot and we are not rolling it out. It is stuck to four pilot areas. We are talking about the territorial extent of the stop and search powers.

[Lord Paddick (LD)]

I am very grateful to all noble Lords for their contributions to the debate, particularly those who supported my amendment.

The Minister has completely glossed over the whole point of the regret amendment, which is that a concession was made by a government Minister at the Dispatch Box to limit SVROs to specific police areas. There was no mention of restricting only the issuing of SVROs, rather than their enforcement, at that time. It was never even considered, let alone agreed to. What has happened is this. The Home Office has consulted the police—what the Government called “key stakeholders”; I think the Minister means the police, as that is who they consulted—and the police said, “Hang on a minute, we need the power across all of England and Wales because these criminals travel”. That may or may not be a valid argument, but it was not what the Minister promised from the Dispatch Box. That is the point and that is why there is a regret amendment, but I do not intend to delay the House further because there is a big debate to come. I therefore wish to withdraw the amendment.