Criminal Justice Bill (First sitting)

Alex Norris Excerpts

Tuesday 12th December 2023 Public Bill Committees

[The Chair]

Thank you very much. I call Alex Norris.

[Alex Norris (Nottingham North) (Lab/Co-op)]

Q Thank you for your time this morning, Chief Constable. Your colleagues in the NPCC generally have talked a lot in the past couple of years about the misconduct and disciplinary processes for officers. Clause 74 relates to that to some degree. What is the NPCC’s view on it?

Chief Constable Stephens: As you say, we have been doing a great deal of work in trying to strengthen the misconduct processes to ensure that those who have no place in policing are removed from the service with some speed and vigour. We welcome the additional provisions in this Bill to strengthen, in particular, the role of chief constables to have a say in who should be employed within policing. This is fundamentally an employment process. In particular, we welcome the addition to allow chief constables to have a route of appeal on decisions that, at the moment, could only be done through judicial review, so we welcome that additional measure as well.

[Alex Norris]

Q Is there anything on the NPCC wish list that you would have that would go further than what is in the Bill?

Chief Constable Stephens: We are very pleased with the progress that has been made. We see no need at this point in time for any additional provisions. The broader point perhaps is, in the service, we have been doing a great deal of work to ensure that we get the right colleagues entering and, where necessary, leaving the service. Our focus now is beyond the provisions of this Bill about professional standards throughout somebody’s vocation and career and what we do to transform the culture of policing.

[Alex Norris]

Q Do you have any general comments about the antisocial behaviour provisions in the Bill?

Chief Constable Stephens: In broad terms, we welcome the antisocial behaviour provisions. There is clearly a great deal of detail in the Bill, and we have a short period of time. If it would assist the Committee, I am happy to do a written submission after this morning with some more detailed comments on the whole range of provisions.

We broadly welcome the antisocial behaviour provisions. There is one such provision around rough sleeping, if I can call it that, where it causes a nuisance or there is some criminality associated with it. Our view is that that is something that needs very careful and measured consideration. We do not say in policing that rough sleeping is a matter solely for policing and, if the provisions are used, that should be done in conjunction with other local community safety partners and on the basis of necessity. For example, if rough sleeping is associated with mental ill health or homelessness, it is clearly not a matter for policing at all. If there are encampments that are directly associated with criminality, or where there is a direct risk to people in those encampments—because, for example, we do receive reports from time to time of serious sexual offences taking place in such rough sleeping groups—we would clearly want to act in concert with other community safety partners to ensure that people are safe. However, it is not a matter for policing to be removing tents in general, so that is something to which we would want to give very careful consideration.

[Alex Norris]

Q I have one final question, if I may, Chair. Obviously, the purpose of legislation like this is that there will be new responsibilities and offences that come fundamentally to your members and their teams to enforce and to utilise those new powers. Do you have any concerns about your resourcing and ability to meet the new expectations?

Chief Constable Stephens: Last week, we held the chief constables’ council in Edinburgh—that is, the gathering of all chief constables. One of the topics on the agenda was the financial resilience of policing. Our current estimate is that there is somewhere in the region of a £300-billion cash deficit in policing, which requires some difficult and careful choices about resourcing priorities. Where new provisions come forward—indeed, this was a recommendation in the recent productivity review of policing—they should be costed. Whereas we welcome many, if not all, provisions in the Bill—I am sure we will come on to talk about some of the caveats—there are no costings with them, and we will need to work through, in a very detailed fashion, what the additional burdens on policing will be.

[The Minister for Crime, Policing and Fire (Chris Philp)]

Good morning, Gavin. Let me start by putting on record my thanks to you, as chair of the National Police Chiefs’ Council, and to all your colleagues in policing for the work that you and officers up and down the country do daily. You put yourselves in the line of danger to protect the rest of us, and I am sure that I speak for the whole Committee and the whole House when I put on record our thanks to you and to police officers up and down the country for the work that you do daily to keep the rest of us safe.

Chief Constable Stephens: Thank you, Minister.

--- Later in debate ---

[The Chair]

We will now hear evidence from Graeme Biggar, director general of the National Crime Agency; Gregor McGill, director of legal service for the Crown Prosecution Service; and Baljit Ubhey, director of strategy and policy for the Crown Prosecution Service. For this panel, we have until 10.40 am. Welcome to you all, and thank you for joining us. I know I have just done it, but could you all please introduce yourselves for the record?

Graeme Biggar: I am still Graeme Biggar, director general of the National Crime Agency.

Gregor McGill: I am Gregor McGill, director of legal service at the Crown Prosecution Service.

Baljit Ubhey: I am Baljit Ubhey, director of strategy and policy at the Crown Prosecution Service.

[Alex Norris]

Q Thank you, witnesses, for your time this morning; it is much appreciated. Graeme Biggar, clauses 1 to 8 relate to serious crime, theft or fraud. For us in this place, it can be a challenge to keep up with the new and novel tactics used particularly by organised crime enterprises globally, but also in this country. What are your reflections on those new provisions, and are they up to date enough to keep up with the changing challenges of organised crime?

Graeme Biggar: Sorry, I missed which clauses you referred to.

[Alex Norris]

Clauses 1 to 8.

Graeme Biggar: Can you just remind me which ones clauses 1 to 8 are?

[Alex Norris]

They deal with offences related to things used in serious crime, theft or fraud, such as SIM farms and 3D printers—the sorts of items that can be used in organised crime.

Graeme Biggar: 3D printers, concealment and pill presses are three different things that are used in crimes a lot. I will come to SIM farms later. We have seen 3D-printed firearms emerge. They are a function of the fact that we have done well to control the availability of firearms in this country generally, but there is new technology available. We seized 17 weapons—3D-printed firearms—last year; we have seized 25 so far this year. At the moment, the possession of the blueprint to make that firearm is not unlawful, so we can go in and see there is a firearm there, and we can see it is a factory that is making these weapons, but we cannot do anything about it. The Bill could really help on that particular issue.

On pill presses, you will be aware of the number of deaths from drug overdoses, misuse and poisoning in the UK. In 2021—there is a bit of a lag on drug deaths—there were almost 1,500 drug deaths from overdoses on benzodiazepine, which is largely used in pill form. We get other drugs in pill form, such as ecstasy, most notably, but the Met seized 150,000 pills of fentanyl just a couple of weeks ago. Pill presses are used to create these pills and distribute them at the moment. We are unusual, globally, not to have regulation of pill presses. This legislation would make the possession and supply of pill presses without a good, legitimate excuse—there are some legitimate uses for a pill press, obviously—an offence, and that would really help us. In 2020, for example, we did a raid in which we seized 40 million pills from England that were being supplied up to Scotland.

Concealment is the final one of the three in that category. We can seize a vehicle at the border if we discover a sophisticated concealment that is built into a vehicle to hide drugs, cash or, potentially, people, but we cannot actually seize a vehicle within the UK unless we can also show that there is some criminal activity there. These concealments are purpose-built to enable stuff to be both brought across the border and then distributed around the UK. We have seized 438 vehicles over the past three years; about 150 of those were at the border, so we could do that just because there was a concealment. For the others, we had to demonstrate that there was also criminal activity, so that has largely been when we have found drugs or a gun in them. There are factories around the UK that are building these concealments, and people who specialise in building them. It would be really helpful for us to be able to seize the vehicles and prosecute the people who are building them.

You mentioned SIM farms as well. You will all be aware from your constituency correspondence of the amount of fraud there is in this country, and some of that volume is driven by the ability of fraudsters to use SIM farms to automatically generate tens of thousands of text messages. A SIM farm puts lots of SIMs together and does that in an automatic way. The vast majority of that happens overseas, but we have discovered a few SIM farms in the UK. Being able to take action on that would be really helpful too.

[Alex Norris]

Q Just quickly, I have a question for colleagues from the Crown Prosecution Service. There are lots of new offences in this Bill. New offences mean new arrests, and new arrests should then lead to new charges and new cases. From a CPS point of view, how do you feel at the moment about resourcing and being able to take cases through speedily, and do you have any anxieties about new burdens and the extra support you might need in order to exercise those new burdens?

Gregor McGill: It is fair to say that resources are tight at the moment, so any new offences coming into the system will affect not only the CPS but other parts of the criminal justice system—the courts and the prisons—so that will have to be factored in. We are in the process of talking with the Treasury about resources, but that is a relevant factor. We do not know how many cases this will involve. What I can say is that our corporate position is that these will be useful offences to be able to work closely with our colleagues in the National Crime Agency and wider policing to affect criminality, but you are quite right that we will have to keep our eye on the resource implications of them and come back to Ministers if we find that there are issues.

Graeme Biggar: May I just add a comment? For a lot of these particular offences, it will shortcut our investigations, because at the moment we are finding 3D-printed firearms or concealments, but we have to do a whole bunch of extra work to be able to reach the criminal threshold for an actual charge, so in some senses this will actually make things easier for us.

[Chris Philp]

Q Graeme, thank you for all the work that you and your colleagues at the NCA do—and thank you also to the CPS for the work that you do prosecuting cases. Graeme, you mentioned in response to the shadow Minister, who covered many of the points I would have asked about, the articles used for serious and organised crime, including 3D printing templates for firearms. Do the clauses as drafted contain everything you would want to see in that regard? Are there any areas where the drafting could be improved or does this do the trick as it is drafted?

Graeme Biggar: The drafting for those items does everything I think we need to see regarding both possession and supply. There are other issues that, over time, we will want to think about adding. It is very helpful to see that the Bill allows a mechanism for secondary legislation to be brought forward in order to add other items. One issue that we are looking at currently is childlike sexual abuse dolls. We can seize them, as it is an offence to bring them across the border, but it is not an offence to possess one in the UK. That is an issue we would want to look at adding to that section.