Crime and Policing Bill

Baroness Doocey Excerpts

2nd reading
Thursday 16th October 2025 Lords Chamber

[Baroness Doocey (LD)]

My Lords, I thank the Minister for her introduction and I am grateful to the many organisations that have provided briefings. In too many areas of crime and policing, we are failing the people who most need protection: children and vulnerable adults exposed to predators, shopkeepers bearing the cost of unchecked theft, farmers shouldering the consequences of criminals stealing expensive farm equipment to order, and traumatised women who hesitate to report assaults, fearing that the justice system will only compound their suffering.

Much of this comes down to resources. Although the Minister often states that Labour is investing an extra £1.2 billion in policing this year, the reality is that little of this will reach front-line services. The National Police Chiefs’ Council notes that a quarter of this sum will be returned to the Treasury through increased employer national insurance, with the rest already committed to fund pay awards and service debt. A decade of underfunding has forced police to borrow just to maintain their dilapidated buildings and antiquated IT. Already, gaps in children’s services, mental health and social care force police into roles they are ill-equipped to fill.

In scrutinising this Bill, we have to ensure that we do not set the police up to fail. Take drug testing: the Bill expands the range of triggers for police to be able to test someone for drugs but makes no provision at all for more drug testing centres or forensic resource. That must change because drugs are deeply intertwined with serious violence and linked to more than half of all homicides. Drug-related deaths have doubled since 2012, and about 70% of thefts and cases of domestic violence are driven by addiction. Yet more than 27,000 suspected drug suppliers remain on bail or under investigation, largely because we lack enough trained forensic specialists. If these delays, and the patchy availability of treatment programmes, are not addressed, the measures in the Bill will become irrelevant.

In a similar vein, there are a number of provisions in the Bill that are welcome in principle but need careful scrutiny in practice. Among those are new offences—such as assaulting retail workers and the proposed respect orders—which, while well-intentioned, risk duplicating existing laws and further straining a justice system already operating way beyond capacity.

Liberal Democrats have long argued that neighbourhood policing is the most effective way to address these problems before they take root. The role of local beat officers is crucial: they know where the domestic abusers live, where kids are left home alone, and where the drug dens operate. Effective neighbourhood policing depends on familiarity, consistency and trust—qualities that can only be built over time. We cannot keep parachuting in new officers and expect these relationships to flourish. That is why we have proposed legal minimum resourcing to ensure that neighbourhood policing teams are maintained at the level necessary to sustain long relationships and a sense of safety among communities.

That sense of safety is especially important for young people. At the moment, one in three young people reports that they do not feel safe in their communities. The dangerous and often tragic result is that they carry weapons. We therefore back proposals to tighten the rules around the online sale and delivery of weapons and we will bring forward amendments to give legislative life to even more of the Clayman review’s recommendations.

Turning to police and criminal justice reform, very few people realise that 90%—yes, 90%—of crime is now digitally enabled. That means that chief constables must be given the flexibility to decide the right mix of traditional police officers and specialist staff needed in their forces, because digital skill is very often now more highly valued than physical prowess, and recruitment should reflect that.

Meanwhile, training has to move with the times. One-third of all police officers now have under five years’ experience, but inspection after inspection exposes serious flaws in the training provided. Poor professional development, combined with infrequent updates on new laws and procedures, means that many front-line officers have outdated skills, leading to uneven standards and a workforce that lacks confidence to use its powers. With 94% of reported offences unresolved, new laws mean little if officers are not equipped to enforce them, so we will push for the first national review of police training since 2018.

However, reforming policing alone is like fixing a lock on a door that is completely rotten. It simply beggars belief that at the end of March 2025 there were 310,000 cases outstanding in magistrates’ courts; that serious offences such as rape are taking more than two years to come to trial, with offenders back out on the streets on bail, tormenting their victims; and that perpetrators who are convicted of crimes often pass through prisons without any kind of rehabilitation.

I shall highlight some serious concerns on civil liberties. In Clause 138, the move to give police automatic access to driving licence data for any law enforcement purpose, not just driving offences, marks a major expansion from current practice. The Home Secretary need only consult police, with no full parliamentary oversight, when drafting these regulations. While the Bill does not mention facial recognition, and Ministers say that there are no plans to use DVLA data this way, the National Police Chiefs’ Council, in a written submission to the Home Affairs Committee, stated that police chiefs are seeking access to the DVLA database for facial recognition searches, and proposals by the previous Government would have enabled this. To do this would put more than 50 million innocent people in a perpetual digital line-up, which poses profound risk, particularly for people of colour and minority groups. Big Brother Watch found that in the UK in 2023 89% of police facial recognition alerts wrongly identified members of the public as people of interest. We shall vigorously press the Government to ensure that DVLA access is necessary, proportionate and set out clearly in primary legislation, restricted to tackling serious crime or public safety threats.

It is about not just facial recognition but a whole range of biometrics, some of which are only now in development. I am particularly concerned about the need to future-proof the Bill against tomorrow’s technologies. New digital tools such as remote data extraction, advanced surveillance systems, predictive analytics and wearable sensor technology will soon reach the UK market. The Bill must be capable of evolving this technology, ensuring that protections for citizens remain robust as new digital tools appear.

In conclusion, public confidence in policing is at an all-time low. This may not be fair—I do not think it is—but it is the reality. New duties imposed by Parliament must therefore be matched by new investment. We must deliver policing that keeps people safe without edging towards a surveillance state. The Bill gives us a great opportunity to strike that balance, but more power without resources or safeguards risks serious consequences. Let us ensure that the Bill empowers the police, protects freedom and prepares the service for a fast-moving technological world, because only then will it truly deliver safer communities.

Crime and Policing Bill

Baroness Doocey Excerpts

Committee stage
Monday 10th November 2025 Lords Chamber

[Lord Davies of Gower (Con)]

My Lords, I am grateful to the speakers in this debate so far. This Committee stage will be a long haul, but I hope that we can continue this level of discussion and scrutiny throughout. Sorry.

[Baroness Doocey (LD)]

No problem.

My Lords, I rise to speak very briefly to Amendments 4, 5 and 7 in my name. My noble friend Lord Clement-Jones has made a very clear case for each one, so I will speak briefly. I put on record my thanks to Justice, which has gathered insights from so many people working in this field and it has been really interesting reading case studies that are backed up by very clear evidence.

These amendments would provide essential safeguards, ensuring the powers contained within respect orders are proportionate. Amendment 4 would require orders to be made only where there is evidence of actual conduct, not speculation about what a person might do in future. Amendment 7 would ensure that an order is imposed with a clear end date, capped at two years. In my opinion, it is wrong that an individual could be subject to potentially serious restrictions in perpetuity as a result of behaviour that falls below the criminal threshold. In Amendment 5, we want to change the “just and convenient” threshold generally applied in civil proceedings to “necessary and proportionate”. The noble Lord, Lord Pannick, put a very good case for this—much better than I could ever do, so I will not try.

Amendment 1, moved by my noble friend Lord Clement-Jones, calling for an independent review of existing anti-social behaviour powers before respect orders are rolled out, would improve the Bill considerably, because precisely what laws are already used, and what works in practice, is critical to their success.

On the subject of likely success, I welcome the fact that respect orders can include positive requirements that people have to, for example, attend rehabilitation—perhaps to deal with addictions to drugs or drink or both. However, such requirements can work only if every region has capacity in drug and alcohol treatment programmes. I am sure the Minister is aware that only 12 of the 43 police forces returned data last year on how many cases were referred for such treatment. Without that information, we cannot know how such rehabilitation can work. I would be grateful to hear from the Minister, when he responds, about what efforts are being made to ensure there are places available. Legislation alone is no good without resources.

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[Lord Davies of Gower (Con)]

My Lords, we must ensure that courts can operate within their means. If we issue them with new responsibilities, we have to be sure that they have the capacity to fulfil them. Unfortunately, in restricting respect orders to the High Court and county courts, the Government risk not providing the bandwidth to deal with new orders.

At the end of Labour’s first year in office, the Crown Court backlog suffered an annual increase of 11%. There are over 74,000 cases waiting to be judged. Of course, that burden is not entirely at the door of the Crown Courts, but a considerable number of the outstanding cases will require their use. County courts are in a better—but still not ideal—state. The average time for justice to be delivered is just over 49 weeks. Reflecting on this, it makes sense for the Government to divide the responsibilities for the new respect orders as widely as possible. The logical conclusion is to permit an application for a respect order to be made to a magistrates’ court.

If respect orders were confined to the serious criminality that we expect to be dealt with by the High Court and county courts, I would accept placing additional pressures on to them and excluding magistrates’ courts. It is right that those facing serious harassment or other forms of anti-social behaviour have the ability to make application to these courts, but the scope for respect orders is far wider than that. The definition of anti-social behaviour is to include actions causing alarm and distress. These are two very subjective metrics: they are fundamentally different from harassment and more serious forms of anti-social behaviour. So I see no reason why magistrates’ courts should not be available to deal with these less serious and potentially menial forms of anti-social behaviour. This is the reasoning behind Amendments 8 and 16, tabled in my name and those of my noble friend Lord Cameron of Lochiel and my noble and learned friend Lord Keen of Elie.

There is also precedent for this. When the last Labour Government introduced anti-social behaviour orders in the Crime and Disorder Act 1998, they could be made only by a magistrates’ court. This recognised that anti-social behaviour should be the purview of summary justice. The Minister might argue that the Government are simply replicating the application process for anti-social behaviour injunctions and that they were the action of the previous Government. That may be a fair criticism, but that would not mean that the Government are right. Simply following the case of previous legislation does not automatically mean that the legislation before us today is following the right path; nor does it acknowledge the very different state of the backlog in the High Court and county courts today, as opposed to 2014. It makes far more sense to permit the use of magistrates’ courts for this purpose today, given the historic case burden.

Finally, I can see no downside to this. It will permit burden-sharing between three types of courts. It would not alter the nature of the orders, nor the process by which they are made. But it would make some progress toward reducing the waiting time for the making of a respect order. Surely the Government do not want to see a 49-week wait for a respect order to be made. Would that not hamper the effectiveness of these supposedly tough new respect orders? I hope the Minister will consider these amendments carefully and sensibly.

The other amendments in this group seek to minimise the pressure placed on our courts by the new measures and ensure that our shared principles of justice are upheld. Interim respect orders interact with the principle of innocent until proven guilty. They can be made following a court adjournment up until the final court hearing. They have the same function as a regular respect order and can impose the same restrictions. I am conscious that this may sometimes be necessary. I reiterate the debilitated state of our courts and the fact that adjournment is sometimes out of their hands, even if the defendant is likely to engage in further anti-social behaviour. In these occasional instances, I can understand the need for an interim respect order.

Amendment 15 aims to find a balance, creating a presumption against issuing an interim order, while still leaving the option open. Amendment 19 exists to forward the argument that these orders can be issued to prevent only further harassment, and not the vague concepts of alarm and distress. These amendments aim to ease the administrative burden on the courts. Amendment 17 seeks to ensure that, if an appeal is made against a decision to refuse to issue an interim respect order, the defendant is notified. It is right that a person should know when they might be subjected to a respect order, especially when they have not yet been proven guilty. I beg to move Amendment 8.

[Baroness Doocey (LD)]

My Lords, I have just a few comments. I am quite concerned that the latest figures show that the magistrates’ courts’ backlog of cases to be heard reached 361,000 as of September 2025, a record high and a significant increase on previous years. In the other place, the Minister said the legal test for respect orders was being kept “broad and flexible” to enable them to be used for a wide range of anti-social behaviours. Again, this suggests significant extra pressure on courts. Jamming up the system further is not going to help victims. Can the Minister say what the Government’s assessment is of the impact on the wider criminal justice system?

Giving evidence in the other place, the Police Federation also pointed to the pressure these orders would put on custody places, saying that infrastructure was needed to make new legislation “effective and believable”. Perhaps the Minister could also address that.

[Lord Hanson of Flint (Lab)]

My Lords, I am grateful to the noble Lord, Lord Davies of Gower, and the noble Baroness, Lady Doocey, for their comments. I am sorry: I am just getting my pages in order; it came slightly more quickly than I expected. I thought we would have a few more contributions.

The amendments all relate to the role of the courts in the Government’s new respect orders, and it is fair and proper that they do so. These new orders will enable courts to ban offenders from engaging in formal, harmful anti-social behaviour and—again, as we have discussed—tackle the root cause. Amendments 8 and 16 seek to allow magistrates’ courts to issue respect orders. I have been clear that the respect orders are civil behaviour orders intended to prevent further anti-social behaviour occurring. They also aim to encourage rehabilitation through the positive requirements that I discussed in the previous group of amendments. Because they are civil in nature, applications should be heard in the civil courts, which have the appropriate procedures and expertise for handling these types of orders.

Magistrates’ courts deal primarily with criminal matters and summary offences. Hearing civil applications in a magistrates’ court would risk treating preventive orders as punitive measures, when, actually, as I mentioned, they are designed either to try to stop people undertaking negative behaviour or to encourage people to undertake what I will term positive behaviour, such as anger management or alcohol awareness courses.

Amendment 15 seeks to ensure that the interim respect orders are not issued by the courts unless specifically said otherwise, and where an application has been made without notice. Again, anti-social behaviour can escalate quickly and cause great harm, and an interim respect order enables rapid protection in urgent cases involving immediate risk. Judges can make decisions based on the individual facts of the case and ensure that victims receive immediate relief in cases which they deem to be appropriate. On occasion, these will have to be issued without giving notice to the respondent, and it is important that judges retain the ability to do so on or without request from the relevant agency. I can assure the noble Lord, Lord Davies, that the court would be required to apply itself to the question of whether it was appropriate to make an interim order. There is no question of one being made without an express determination to that effect, but speed is still required.

Amendment 17 seeks to ensure that, if an appeal is made against the decision by the courts to refuse an interim respect order, the respondent is duly notified. I reiterate that interim respect orders are designed to provide urgent temporary relief to protect victims and the public from serious harm before a full hearing. If the respondents were notified of an appeal, it could undermine the immediacy and effectiveness of the interim order, and doing so would likely complicate proceedings, prolonging risk to victims and communities. I come back to the fact that all the measures in the Bill are designed to tackle anti-social behaviour at source and provide either interventions to prevent or interventions to encourage positive behaviour. The law allows appeals without notice to maintain speed and efficiency in safeguarding measures.

Amendment 19 seeks to ensure that the interim respect orders are made only when the court considers the respondent likely to engage in harassment. Again, I just say to the noble Lord that the definition of anti-social behaviour is broad: it is intended to capture behaviours that may not meet the criminal threshold but which can cause severe harm to victims and communities. As I pointed out, interim respect orders are a necessary thing to provide immediate relief, preventing harmful behaviour from escalating and causing further damage to victims and communities. I would have thought that the noble Lord would have supported that general direction of travel. They are a preventative order, not a punitive order; they are punitive only in the event of a breach. Again, the purpose of the order is not to have that breach in the first place but to send a signal that says, “This behaviour is unacceptable”, or “This support mechanism is required”, and if you do not attend the support mechanism or if you breach the preventive mechanism, you are facing a potential criminal sanction.

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[Baroness Doocey (LD)]

Before the Minister sits down —I love that expression—can I just check? I think he said that respect orders were not going to be piloted. Is that correct? Diana Johnson, the Policing Minister in the other place, in the third session in Committee, said:

“We will pilot respect orders to ensure that they are as effective as possible before rolling them out across England and Wales”.—[Official Report, Commons, Crime and Policing Bill Committee, 1/4/25; col. 104.]


So, what has changed between then and now that the Government have changed their mind?

[Lord Hanson of Flint (Lab)]

The Government have considered the reflections in another place, and we have now determined that we want to get on with this. Remember that the Bill has 12 days in Committee, and then Report, and we have a long way to go before Royal Assent. The Government want to have a manifesto commitment that they made in July 2024 implemented in good time. Even now, that manifesto commitment will take us potentially nearly two years to put in place. That is a reasonable process, we have consulted widely on the respect orders and that is the Government’s position now.

[Baroness Doocey (LD)]

Can the Minister say whether anything else has changed that we would not be aware of because it has not been written down anywhere?

[Lord Hanson of Flint (Lab)]

That is a very wide question, my Lords. Let me say that the purpose of Committee is to provide a significant number of days for Members from all sides of the House—as we have had today, from the government side as well as from the Opposition and the Liberal Democrats—to test Ministers and raise points. If the noble Baroness has points she wishes to raise during the passage of the Bill, as ever, I will try to answer them, either on the Floor of this House or in writing afterwards.

The noble Baroness asks whether things have changed. Even today, there are a number of amendments that the Government have brought forward in the groups of amendments that we are deliberating on today. Things move; the noble Viscount, Lord Goschen, was saying with regard to the immigration Bill that a number of things have changed over the course of time, and things move. It is now 16 months since the King’s Speech which introduced this legislation. We continue to monitor and move; where necessary we bring forward amendments, and I am open to testing on all matters at all times. But I would welcome the noble Lord withdrawing his amendment today.

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[Baroness Fox of Buckley (Non-Afl)]

My Lords, of course I support the amendment from the noble Lord, Lord Clement-Jones, opposing the increases in these fines, but I think we need to go further and for a variety of reasons abolish these on-the-spot penalties per se, which is why I have tabled this clause stand part notice.

You cannot overestimate how much public space protection orders and community protection notices trivialise what we understand to be dealing with anti-social behaviour. We have just had a long discussion about what anti-social behaviour is. These orders are part of the toolkit to deal with anti-social behaviour and they end up targeting individuals for the most anodyne and mundane activities, and banning everyday freedoms.

The use of fines has, in a way, led us to not take seriously what real anti-social behaviour is, because these fines are given out for such arbitrary, eccentric reasons. PSPOs and CPNs can be issued on a very low threshold, are entirely subject to misuse—there is lots of evidence showing that—and often criminalise, as I said, everyday activities. For example, PSPOs are often used to ban young people gathering in groups—which seems to me to be a dangerous attack on our right to assembly—despite the fact that the statutory guidance states that PSPOs should target only activities that cause a nuisance and should not criminalise

“everyday sociability, such as standing in groups”.

That is what it says, yet they are constantly used in that way and seem to be unaccountably doled out.

There are now over 2,000 PSPOs in England and Wales, and each of them contains up to 35 separate restrictions. That means that tens of thousands of new controls are being issued on public spaces all the time. As we heard earlier, they are imposed in different geographic areas, making prohibitions on different types of activities for different citizens from one place to another. You can be in one town where an activity is legal and then go to the next town and the same activity is illegal. We discussed some of that earlier.

As the noble Baroness, Lady Chakrabarti, pointed out and as Justice has drawn our attention to, the inconsistent use of PSPOs creates a “postcode lottery” for victims but also for perpetrators. Justice says that this

“undermines the rule of law by making enforcement dependent on the victim’s location rather than the circumstances”.

I hope we can send the Minister the research done by Justice and by the Manifesto Club that has already been referred to so that he can see from the freedom of information requests to local authorities just what kind of activities are being issued with PSPOs and CPNs, and therefore what these fines are being used to tackle. I assure the Committee that it is innocuous activities, not anti-social behaviour. There are councils that are banning kite-flying, wild swimming, as we have heard, and using camping stoves.

I thought it was interesting that, recently, the Free Speech Union forced Thanet District Council to scrap its imposition of a sweeping public spaces protection order that would have banned the use of foul or abusive language in a public space in the Thanet area, so you would have been able to swear in one area but not in another. I understand that it might have raised a lot of money, but that is not necessarily the same as dealing with anti-social behaviour.

Actually, the councils themselves do not do the dirty work of enforcement. Instead, they outsource that to private companies, and the noble Lord, Lord Clement-Jones, has explained so well the dangers of using these private firms. We have a geographic breakdown of the national way of dealing with anti-social behaviour, and now we have an almost feudal way of collecting fines from it. These kinds of fines mean that orders might well be issued for all the wrong reasons—for income-generating, commercial purposes to meet targets that are about raising money rather than tackling anti-social behaviour—and increasing the fines will surely only incentivise that practice further.

I urge the Minister to consider that the noble cause that the Government are associated with here is dealing with anti-social behaviour, but using private companies to fine people in such a cavalier way discredits the whole cause. It is damaging the reputation of that noble cause. There is no transparency or oversight mechanism for these companies. There is one ban that I would like to bring in, and that is fining for profit. I hope the Minister will consider at least reviewing this and looking at it closely.

[Baroness Doocey (LD)]

My Lords, I do not intend to rehearse the arguments already put so effectively by my noble friend Lord Clement-Jones. Suffice to say that we on these Benches fully support Amendment 23, as £500 is an extortionate amount of money for the type of behaviour that fines are designed to address and will simply result in private companies making even greater profits than they do at the moment while pushing those already struggling further into debt. For these reasons, we have serious reservations about the implications of the amendments in the name of the noble Lord, Lord Blencathra.

The orders create a postcode lottery for victims. Charities warn that, in some parts of the country, orders are handed out like confetti. This undermines public trust by making enforcement dependent on the victim’s location.

Overall, the use of these powers needs to be subject to much stricter safeguards. The Government must ensure that there is proper oversight of their use and that the law is applied equally, openly and proportionately.

[Lord Sandhurst (Con)]

My Lords, I am grateful to all noble Lords who have contributed to this thoughtful debate on Clause 4 and associated amendments. The discussion has reflected the balance that must be struck between proportionate enforcement and ensuring that penalties remain effective and fair. As anti-social behaviour seems to be increasingly present on our streets, it is right that the clause is given careful consideration.

The noble Lord, Lord Clement-Jones, raised concerns in Amendment 23 about the overuse or inappropriate issuance of fixed penalty notices. Those are indeed legitimate points for consideration, and I am sure that all noble Lords agree that such powers should be exercised carefully and with a proper sense of proportion. Fixed penalty notices are designed and intended to deal swiftly with low-level offending without recourse to the courts, but they must always be used responsibly and in accordance with proper guidance. However, it seems that Clause 4(3) and (4) will help to act as a proper deterrent to anti-social behaviour, as they will play an important part in ensuring that the penalty levels remain meaningful. I look forward to hearing the Government’s thoughts on this matter.

I turn to the amendments in the name of my noble friend Lord Blencathra. We are grateful to my noble friend for his focus on practical enforcement. His Amendments 24 and 25 seek to strengthen the collection of fines by introducing automatic confiscation provisions and modest administrative charges for non-payment. It is right that those who incur penalties should expect to pay them, and that local authorities are not left to have to chase persistent defaulters at the public’s expense. We therefore view my noble friend’s proposals as a constructive contribution to the debate in order to ensure that enforcement is both efficient and fair.

The noble Baroness, Lady Fox of Buckley, has given notice of her intention to oppose the Question that Clause 4 stand part of the Bill. We respect this view, but we cannot agree to the removal of the clause. Clause 4 contains a number of sensible and proportionate measures that are designed to improve compliance and to strengthen the effectiveness of penalties. Many of these reforms build on the Criminal Justice Bill brought forward by the previous Conservative Government.

This debate has underlined the importance of maintaining confidence in the fixed penalty system, ensuring that it is used appropriately and enforced consistently. The system exists to fulfil the wider aim of upholding law and order in our communities. In these endeavours, we on our Benches will always be supportive.

Crime and Policing Bill

Baroness Doocey Excerpts

Committee stage
Monday 10th November 2025 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I will speak to Amendment 55A, which is supported by StopWatch, a campaign organisation that is concerned with the use of stop and search. I disagree wholeheartedly with the noble Lord, Lord Blencathra.

Amendment 55A would require the Home Office to publish quarterly data on the issuing of anti-social behaviour orders and related injunctions. Specifically, it would ensure that these reports include the number of occasions when stop and search has been used by the police prior to the issuing of such orders, and the protected characteristics of those who have been issued with them. These powers can have serious and lasting consequences for those subject to them, particularly young people and those from marginalised communities. Yet at present, the public and Parliament have very limited visibility of how these tools are being applied. This would ensure transparency and accountability about how anti-social behaviour powers are being used across England and Wales.

We know from existing evidence that stop and search disproportionately affects people from black and non-white ethnic backgrounds. The Government’s own figures last year reported that there were nearly 25 stop and searches for every 1,000 black people and yet only around six for every 1,000 white people. There is a real risk that these disparities could be echoed or even compounded in the issuing of anti-social behaviour orders or injunctions. Without clear data, broken down with protected characteristics, we cannot know whether these concerns are justified, nor can we properly evaluate the fairness and effectiveness of the system. By requiring the Home Office to publish quarterly data, this amendment would bring much-needed transparency. It would allow Parliament, bodies with oversight and the public to monitor trends, identify disparities and ensure that anti-social behaviour powers are being used proportionately and appropriately.

The noble Lord, Lord Blencathra, is clearly very exercised about the use of resources. He actually said that more information does not reduce crime. I think that is probably completely wrong, because the more information you have, the better you can understand what is happening. So this is about good governance and evidence-based policy. If these powers are being used fairly, the data will confirm that. If not, then we will have the information necessary to take corrective action. Either way, the transparency will strengthen public trust in policing and the rule of law.

This amendment is about shining a light where it is most needed. It would do nothing to restrict police powers. It would simply ensure that their use can be properly scrutinised. I hope the Minister will agree that accountability and transparency are not optional extras in a just society; they are actually the foundations of it.

[Baroness Doocey (LD)]

My Lords, we support Amendment 55A in the name of the noble Baroness, Lady Jones of Moulsecoomb. She has already highlighted the importance of improved data collection around the use of anti-social behaviour legislation. This is essential because it is impossible to gauge the fairness or effectiveness of anti-social behaviour powers without adequate data and transparency.

We also support Clause 7. It is important to have more transparency around how these powers are used by local authorities and housing providers. The evidence is that they already have this information but are failing to share it. As a result, little is known about how these powers are being used in practice.

The charity Crisis wants the Government to go further by making this information publicly available. This would provide full transparency around patterns of anti-social behaviour and the powers used to tackle it. Is this something the Government might consider? Perhaps the Minister could let us know.

The police, too, must improve their recording practices around anti-social behaviour. A report last year by HMICFRS found that some forces’ recording is very poor, while others do not always record the use of statutory powers. We believe that transparency is key to ensuring that future orders are applied reasonably and proportionately, and to prevent discrimination.

[Lord Davies of Gower (Con)]

My Lords, my noble friend Lord Blencathra, as ever, raises a serious and pertinent point with his Amendment 35. Clause 7 permits the Secretary of State, by regulations, to require authorities to provide them with information about anti-social behaviour. Unfortunately, Clause 7 contains rather vague requirements on what information the regulations might contain. It would perhaps be helpful for the Minister to provide the Committee with some concrete examples of what might be included. My noble friend is absolutely right that social media posts should not be included in any of the guidance.

With Amendment 55A, in the name of the noble Baroness, Lady Jones of Moulsecoomb, my fear is that the police and the Home Office, already overburdened with creating statistics, will yet again be further burdened. Perhaps this is not the way forward.

Crime and Policing Bill

Baroness Doocey Excerpts

Committee stage
Monday 17th November 2025 Lords Chamber

[Lord Blencathra (Con)]

My Lords, I support my noble friend’s amendments. Every week, coming from the north of England to this House, I see literally miles and miles of repulsive gang graffiti. On the outskirts of every station, walls and buildings are plastered with it. At Crewe and near Euston, hundreds and hundreds of goods wagons are covered in it, and even the walls of residential buildings. We see it everywhere, so why worry about it? It is unsightly and destroys any beauty that may be left on the approaches to cities by rail, but it is much more insidious than that, as my noble friend on the Front Bench has pointed out.

Gang-related graffiti, which we see in all urban areas, is often seen as both a symptom and a catalyst of criminal activity. I suggest that there is sufficient evidence available to conclude that gang graffiti leads to increased crime in affected neighbourhoods and that it instils fear among local residents. Gang graffiti typically consists of symbols, tags or messages used by criminal gangs to mark their territory, send warnings or communicate with other gangs. It differs from other forms of graffiti, such as street art, due to its association with organised crime and territorial disputes.

Several studies and reports indicate a correlation between the presence of gang graffiti and higher rates of crime, particularly violent offences. Gang graffiti is often used to demarcate territory, which can lead to turf wars and retaliatory violence. Areas marked by gang symbols may experience an increase in robberies, assaults and drug-related crimes as gangs seek to assert dominance. A study published by the Journal of Criminal Justice found that neighbourhoods with visible gang graffiti reported higher levels of gang-related crime and violence, suggesting that graffiti serves as both a warning and an invitation for conflict. Police departments in cities such as London and Manchester have noted that the appearance of new gang graffiti often coincides with spikes in criminal activity, particularly when rival gangs respond by marking over existing tags.

Crime prevention experts argue that gang graffiti is not merely a symptom but a tool used to intimidate, recruit and claim control, thereby fostering an environment conducive to criminal behaviour. Although correlation does not necessarily imply causation, the consistent association between gang graffiti and increased crime rates supports the argument that graffiti can contribute to localised crime.

The visual presence of gang graffiti can have a significant psychological impact on residents and visitors, as my noble friend Lord Cameron of Lochiel said. Research conducted by community safety organisations has shown that people perceive areas with gang graffiti as less safe, which can lead to heightened anxiety, avoidance behaviours and reduced community cohesion. Surveys by our local councils in the UK reveal that residents often cite gang graffiti as a major contributor to their fear of crime, even if they have not personally experienced gang violence.

Our own British Crime Survey found that the visibility of gang markers and threatening messages increases the perceived risk of victimisation, causing some individuals to alter their daily routines or to avoid certain neighbourhoods or streets altogether. Community leaders report that gang graffiti can erode trust in public institutions as residents feel that the authorities are unable to maintain law and order and prevent criminal groups operating openly. In summary, gang graffiti acts as a visual clue that can frighten people, negatively impact mental well-being and discourage positive social interaction within affected communities.

Last year, the Metropolitan Police estimated that there were 102 active gangs in London engaged in violence and robbery, and they were responsible for a significant amount of serious violence, including half of all knife crimes with injury, 60% of shootings and 29% of reported child sexual exploitation. I think those 102 gangs equate to about 4,500 individuals. It is not just London; the same is happening in all our major cities. Let us be clear: gang-related graffiti is not some kids with aerosol cans spray-painting walls for a bit of fun. Gangs are making powerful statements to their allies and enemies that this is their criminal territory. Therefore, the solution has to be the prompt removal of graffiti, expensive though it is, and that has to be part of gang prevention strategies. However, we also need increased penalties, as suggested by my noble friend in his Amendment 51.

I do not need to speak in support of Amendment 52; I think I have just made the point that gangs are highly dangerous organisations and there should be tougher sentences for any crimes that have gang connections.

[Baroness Doocey (LD)]

My Lords, everyone is concerned about gang activity. The dark web means it has never been easier for people to source and buy drugs independently, contributing to the emergence of more loosely organised micro-gangs, as once an individual has a large supply of illicit drugs, they need to recruit others to help distribute them. I am sympathetic to the intentions behind the tabled amendments.

On Amendment 51 on graffiti, I entirely agree with some of the comments made by the noble Lord, Lord Cameron, that this usually relates to gangs marking territory or expressing group affiliation. It can result in public spaces feeling unsafe, and the fear is that it could fuel turf wars between rival gangs. To many it is also an unsightly nuisance, with the clean-up cost high for home owners, businesses and local authorities. However, we remain unconvinced that this amendment is the way forward.

Graffiti without the property owner’s permission is already a criminal offence, classified as vandalism or criminal damage, with penalties ranging from fines to imprisonment. I am also concerned that measures such as this risk embedding racial bias in law enforcement and disproportionately affecting minority and marginalised communities. The courts have already found that using graffiti as a marker of gang identity can result in the unjust targeting of marginalised groups, especially people of colour.

In 2022 a legal ruling forced the Metropolitan Police to admit that the operation of its gangs matrix was unlawful, breached human rights and had a disproportionate impact on black people. The matrix used factors, including graffiti, to label people as gang members, leading to life-changing consequences for those who had been wrongly included. Over 1,000 individuals assessed as low risk subsequently had to be removed from the database. This demonstrates the danger of conflating graffiti, gangs and criminality. While I understand the intention behind this amendment, the risk of unintended consequences is clear.

The definition of a gang in Amendment 52 feels worryingly broad, so we cannot support it. As drafted, it raises significant concerns that outweigh its intended benefits. Prosecutors are already cautioned not to use the term “gang” without clear evidence because, used inappropriately, it can unfairly broaden liability for an individual’s offending while disproportionately affecting ethnic minorities.

This proposal also feels overly prescriptive. It is important that the courts retain discretion and the law allows for nuanced sentencing; for example, when someone was plainly being coerced, groomed or manipulated into gang activity.

On these Benches, we believe that sentencing must account for individual circumstances and be based on specific individual criminal behaviour. Simply being in with the wrong people is not the same thing.

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

I thank the noble Lords, Lord Davies of Gower and Lord Cameron of Lochiel, and the noble and learned Lord, Lord Keen of Elie, for tabling Amendments 51 and 52. These amendments are proposed and supported by three Members of your Lordships’ House who, between them, have considerable experience in what might loosely be called the law and order space. They are, in rugby terms, a formidable front row and, as such, I have considered what they proposed with care.

I reassure the noble Lords, Lord Cameron and Lord Blencathra, and indeed your Lordships’ House, that this Government are definitely against gangs and absolutely against graffiti. That said, we do not believe that these proposals are needed, primarily because the activities criminalised in these measures are already covered by existing legislation.

The intended effect of Amendment 51 is to criminalise the kind of graffiti which gangs use to mark what they feel is their territory and/or to threaten rival groups with violence. As the noble Baroness, Lady Doocey, said, this criminal behaviour is already covered by the existing offence contained within Section 1 of the Criminal Damage Act 1971. Section 1 is broad enough to cover graffiti because case law establishes that the damage does not have to be permanent, and it catches behaviour such as using water-soluble paint on a pavement or smearing mud on the walls of a police cell. In addition, Section 1 of the Criminal Damage Act has a higher maximum penalty than the proposed new offence, being punishable in the Crown Court by a maximum sentence of 10 years’ imprisonment.

Not only is the proposed offence not needed, there are very real problems with the structure of what is proposed; I will mention three, but there are others. First, this amendment creates an offence of strict liability. That means that the prosecution is not required to prove intention, recklessness or even knowledge. The result is a criminal offence which could be committed by accident. The criminal law does not like strict liability offences, and they are very rare in our jurisprudence. The reason is simple: we do not usually criminalise people who are not even aware that they were doing anything wrong.

Secondly, whatever the intention behind the drafting of this proposed criminal offence, in the way it is drafted, the definition of “gang” is so broad that it would capture both the Brownies and the Church of England, as well as football teams, drama societies and many other groups not normally regarded as criminal. I do not think that the noble Lords intend that a Christian cross chalked on a fence could potentially be prosecuted as a criminal offence.

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[Lord Blencathra (Con)]

My Lords, as well as moving Amendment 53A, I will also speak to my Amendment 53B in this group. I completely support the comments of my noble friend Lord Cameron of Lochiel on the Front Bench, and I support his amendments.

I encounter this every day coming to this House, where beggars lie on the pavement, half blocking it. Possibly they think they are less frightening sitting down than standing up, but the nuisance is the same, as is the chant asking for money. I have not seen them for some months now, but for a couple of years we had different beggars every day; then I realised it was the same dog they had. I presume that the dog got passed around between them, since the public are possibly more sympathetic to the dog than to the beggar— a kind of Dogs R Us.

There was another one who, when I first encountered him, was really scary. He was a beggar, but he was shouting and screaming—not at the public, I realised, but more to himself or to the ether than anything else. Clearly, he had a mental health problem. After I saw him a couple of times, I had no problem; I just did not make eye contact. However, people who had never met him before, such as women coming out of the shops, were terrified of him. It was nuisance begging, but clearly there was a health problem behind it.

My Amendment 53A would merely add a little tweak to my noble friend’s new clause by adding “outside any residential building” to the list in subsection (6). In this Westminster area, I have seen them sitting not on the doorstep but right beside the entrance to a residential block of flats. Frankly, I think that is intimidating, and residents should not have to face that fear, whether misplaced or not, that they may face beggars as they come and go from their own property.

My Amendment 53B would amend my noble friend’s amendment after subsection (7), by inserting:

“The judgement that the begging satisfies the conditions in (a), (b) and (d) is one to be made by the person who is the victim of the begging”.


So what does subsection (7) say? It says:

“This subsection applies if the person begs in a way that has caused, or is likely to cause … (a) harassment, alarm or distress to another person, … (b) a person reasonably to believe that … they, or any other person, may be harmed, or … any property … may be damaged, … (c) disorder, or … (d) a risk to the health or safety of any person except the person begging”.


In other words, the purpose of my amendment is that I do not want a police officer to come along and say, “Oh no, guv, that’s not harassment or causing alarm. What are you worried about? There’s no risk to your health and safety”. I suggest that the judgment be made by the person who is the victim of the nuisance begging. Some people will not be worried or alarmed, as I was not worried after I saw that chap with the mental health problem a few times, but others may be.

I came across this in an accusation about bullying in the Civil Service. If a civil servant believes that someone is bullied, that is taken for granted because one person felt it even though others might have felt differently. I dealt with that in my capacity of serving on an ALB.

In conclusion, I want to make it clear that, if a person feels that begging is causing him or her alarm, distress or harassment, or is a risk to health and safety, then it is the victim’s view that must be considered, not that of anyone else applying their own test for what that alarm might be.

[Baroness Doocey (LD)]

My Lords, there is a genuine problem around aggressive begging and the involvement of organised criminal gangs. That is why we support Clause 11, which rightly focuses not on individuals who are begging but on those who are orchestrating and profiting from this practice.

Lots of things in life are a nuisance, but that does not mean we should criminalise them. Where begging is causing a genuine nuisance, police already have a range of powers to deal with it under anti-social behaviour legislation. We think this amendment is the wrong solution at a time when charities such as Crisis say that the number of vulnerable people on the streets who survive by begging, including women and first-time rough sleepers, is rising. In these circumstances, we should be looking at how we can better reach and support those in such straitened circumstances. By contrast, criminalising begging would push people away from support, and it will not solve the problems of poverty, homelessness, addiction or exploitation.

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[Baroness Doocey (LD)]

My Lords, we recognise the legitimate concerns about persistent anti-social behaviour. Repeat offenders represent a significant challenge; within many communities there is a small core of individuals creating a disproportionate amount of misery and distress to victims. However, the Liberal Democrats remain sceptical about the approach taken by Amendment 54. On these Benches, we believe that youth incarceration should be a last resort, not an automatic consequence. Mandatory detention after three breaches not only removes judicial discretion, it risks criminalising young people for behaviour which is below the criminal standard.

The evidence shows that detention is largely ineffective and often counterproductive. In reality, it increases the likelihood of future offending. Indeed, a chief constable I spoke to told me that short-term sentences simply equip people to be better at crime. The aim of these measures may be to help victims, but the risk is that they could ultimately result in the creation of more of them.

We believe that the key to tackling persistent anti-social behaviour is properly funded community policing. There are about 10,000 fewer police and PCSOs and neighbourhood teams now than in 2015. More than 4,500 PCSOs have disappeared, and their loss is continuing. Some forces simply do not have enough personnel in neighbourhood teams to actively address anti-social behaviour. In his response, will the Minister say what is being done to reverse the exodus of community officers?

[Lord Cameron of Lochiel (Con)]

My Lords, the contributions we have heard demonstrate the seriousness of the issue and highlight why communities and victims need reassurance that persistent anti-social behaviour will be confronted robustly and effectively. I thank my noble friend Lord Blencathra for bringing forward these amendments. They provide a welcome opportunity to examine whether the current response to repeat breaches of injunctions is sufficient.

It goes without saying that ongoing and persistent anti-social behaviour has a profound impact on the lives of ordinary residents, including the feeling of individual safety and a wider sense of cohesion in our neighbourhoods. Amendment 54 seeks to provide that if someone under 18 breaches three injunctions of supervision orders, they must be given a detention order. It seems likely, to me at least, that someone who has broken three such injunctions is plainly on the path to becoming an habitual offender. Repeated breaches should not simply be met with ineffective sanctions—communities have to know that the law has teeth and that those who repeatedly defy court orders will face meaningful consequences. The amendment seeks to reinforce that principle and to signal clearly that a cycle of breach, warning and further breach is unacceptable.

I hope that the Government give the amendment the thought and time that it deserves, and I look forward to hearing the Minister’s response.

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[Lord Blencathra (Con)]

My Lords, I rise for the final time tonight—the Committee will be pleased to know—to support the amendment moved by my noble friend Lord Cameron of Lochiel. I wish I had put down my own amendment to Clause 27 to draw attention to what I think is the complete disconnect between subsections (1) and (3) in the new section.

The Bill in its current form proposes in subsection (1) of the new section that it shall be an offence for any person to possess an article with a blade or point or an offensive weapon with the intent

“to use unlawful violence against another person, … to cause another person to believe that unlawful violence will be used against them”

and others, or

“to cause serious unlawful damage to property”.

That is fairly serious stuff.

However, the penalties in subsection (3) of the proposed new section, with a maximum of 12 months’ imprisonment in a magistrates’ court and up to four years on indictment, are insufficient given the gravity of the offence. I support the argument for a substantial increase in sentencing powers to reflect the seriousness of the conduct involved.

Possession of an offensive weapon with intent to use it for violence or to cause fear is a profoundly serious criminal act. Such intent demonstrates a premeditated willingness to inflict harm, intimidate or destroy property. It is not a spontaneous or lesser form of criminality but rather a calculated and dangerous escalation. The mere possession of a weapon with such intent poses a direct threat to public safety, undermines community trust and creates an atmosphere of fear and insecurity.

As the Minister will know, offences involving offensive weapons are often precursors to more serious crimes, involving grievous bodily harm right up to homicide. I maintain that actions that create an imminent risk of serious harm should be met with robust deterrence and sentencing. Allowing relatively lenient penalties for those caught with weapons and with criminal intent fails to deter potential offenders and signals a lack of seriousness in addressing violent crime. The psychological impact on victims—those who are threatened or believe they are at risk of violence—can be profound and long-lasting, as many reports say, even if no injury actually occurs.

When compared with other offences of similar seriousness, the proposed penalties appear disproportionately low. For instance, offences such as aggravated burglary or possession of firearms with intent to endanger life attract significantly higher sentences, often exceeding a decade in custody. This clause is about people going out with vicious knives or machetes, intending to use unlawful violence against another person—in other words, to attack them and possibly kill them. Why on earth should there even be a summary trial for that sort of offence? That is why I wish I had put down my own amendment to delete from the new section subsection (3)(a), which provides for trial in a magistrates’ court.

Of course, we must not look at this Bill in isolation; we have the Sentencing Bill coming along, which will aim to ban anyone—if I understand it correctly—going to prison for a sentence of 12 months or less. If one of these cases goes to a magistrates’ court, and the magistrates impose the maximum sentence of 12 months, it will be automatically suspended and the perpetrator will get away with it. What signal does that send? If these criminals were going out with a knife to scratch cars or vandalise property, summary might be appropriate, but they are going out with knives to attack people and possibly kill them. That is why, in my opinion, it has to indictable only and a 14-year maximum sentence—which, as we know, will end up as seven in any case, with automatic release at half-time. I believe the current proposal for a maximum of four years on indictment is markedly out of step with comparable offences and the seriousness of potential offences in subsection (1).

The criminal justice system must not only punish offenders but deter would-be offenders and reassure the public that their safety is paramount. Inadequate penalties such as this one risk undermining public confidence in the legal system. A more severe sentencing framework would send a clear message that society will not tolerate the possession of weapons in the street with intent to commit violent acts or grievous bodily harm to people. It would also be a stronger deterrent to those contemplating such conduct.

In conclusion, I believe the Government are absolute right to introduce this new power, but they have the penalties wrong since they are disconnected from the seriousness of the offence. Given the potential for severe physical and psychological harm, the premeditated nature of the crime and the need for effective deterrence, I also submit that the maximum penalties should be increased. Of course, this is not tying the judge’s discretion; I am suggesting no minimum sentence but a sentence of up to 14 years.

I should add that I have exactly the same view on the suggested penalties in the next massive group of amendments, but I have made my arguments here and I will not repeat them when we come to that group on Wednesday.

[Baroness Doocey (LD)]

My Lords, nearly half the murders in the UK over the last three years are due to knife crime, so we recognise the vital importance of equipping police with the necessary tools to intervene when there is clear evidence of intent to commit serious violence. We give Clause 27 our full backing.

Before I turn to the amendment, I want to make a couple of points around the new offence. Will the Government ensure that robust guidance and oversight are in place to prevent unjustified or discriminatory use of this power? That needs to be accompanied by improved training for police and judiciary. The reality is that young black men are already significantly overrepresented in knife crime prosecutions, and we must be careful not to compound that position. Discrimination and justice are opposites.

I hope this may also help stem the rising number of incidents in which people suffer life-changing injuries after being attacked with acid or other corrosive substances. Reports of such offences increased by 75% in 2023, including 454 physical attacks. Half these victims were women, with attacks often occurring in a domestic abuse context, but only 8% of these cases resulted in a charge or summons, partly due to the victim’s fear of reprisal. The hope is that this new offence may allow prosecutions to be brought before harm is inflicted, since proving intent would not necessarily require the victim to testify. Can the Minister say how the Government intend to use the offence to this end?

On Amendment 56, the Liberal Democrats agree with Jonathan Hall that four years in prison in insufficient when there is clear evidence of the intention to cause mass fatalities. The court must have the full weight of the law behind it in the hopefully rare cases in which a lengthy sentence is thought necessary for public prosecution. I would expect the Sentencing Council to issue guidance around how to categorise levels of seriousness, and I hope this will guard against sentence inflation. Nevertheless, we are minded to support this amendment and I urge the Government to look again at the maximum penalty.

[Lord Hanson of Flint (Lab)]

I am grateful to the noble Lord, Lord Cameron of Lochiel, for his amendment, which, as noble Lords will know, increases the maximum penalty to 14 years for possessing a weapon with intent. I happen to think that sentences should be proportionate to the offence, and that is why the maximum sentence for this offence has been set at four years. This is in line with other weapons offence penalties, such as that for possession of a bladed article. To set the sentence for this offence at 14 years would be disproportionate.

The noble Viscount, Lord Goschen, and others, including the noble Lord, Lord Blencathra, asked legitimate questions about the difference between existing offences and this new proposed offence. It is already an offence to carry a bladed article in public without good reason. It is also an offence to then threaten a person with a bladed article or weapon. Under Section 52 of the Offensive Weapons Act 2019, it is an offence to intentionally threaten someone with an offensive weapon in public or in private.

The introduction of this new offence bridges a gap, which I believe is there, between being in possession of a knife or other offensive weapon in public or on education premises, and it being used to threaten or harm anyone. This offence will target those who equip themselves with bladed articles with the intention to endanger life, cause serious harm or fear or violence, but are intercepted by the police before they have had the chance to carry out any attack on the intended victim. It will therefore empower the police to bring charges against those individuals, which, in my view, is a differentiation which I hope has been clarified for the noble Viscount. He shakes his head.

Crime and Policing Bill

Baroness Doocey Excerpts

Committee stage
Wednesday 19th November 2025 Lords Chamber

[Lord Hampton (CB)]

My Lords, I will reply quickly to the noble Lord, Lord Blencathra, and also the noble Viscount. I am not against sharp-edged knives. I have a very good knife that cuts through a Savoy cabbage and does a great job with everything I need in the kitchen. It is just rounded at the edge, so I cannot stab my wife with it.

[Baroness Doocey (LD)]

My Lords, the key finding of the Clayman review was the need for better police data recording on knife crime. Officers often fail to note the specific type of knife used, with further gaps around sales and marketing. Amendment 122 recognises that, without understanding the threat, it is difficult to counter it, so the evidence base must be improved.

The amendments from the noble Lords, Lord Hampton and Lord Clement-Jones, promote a policing approach to reduce opportunities for crime through better design of our buildings, known as designing out crime. I have spoken to a number of chief police officers who have tried this, with great effect. They are very happy about how this can happen and would really like to see it rolled out. This preventive approach aligns with the Liberal Democrat position and I hope the Government will give it serious attention.

We welcome the Government’s proposals on this part of the Bill, but laws work only if they are enforceable. Again, the Clayman review said that police currently lack the training, know-how and resources to police online knife sales effectively.

Can I ask the Minister about the policing of overseas suppliers, since this is where many of these lethal weapons originate? What plans are in place to monitor imports? The Clayman review found that there is often very poor co-ordination between Border Force and police and noted the difficulty in getting data from tech and communication companies based overseas. Can the Minister mention that when he winds up, please?

Clayman also suggested an import licensing scheme to ensure that a licence is required to bring knives into the UK. He proposed revisiting the tax levy on imported knives to ensure that potential weapons brought into the country are easier to track and identify. Do the Government intend to implement either of those recommendations?

[Lord Sandhurst (Con)]

My Lords, we on these Benches believe that this group contains sensible and prudent amendments. They require us to review the effectiveness of the Government’s measures and to consider carefully the potential implications of the new regulations around the sale of knives. They also seek to ensure that we have the necessary evidence base to improve legislation where needed. These, in our view, are good principles.

Amendment 122 in the name of the noble Lord, Lord Clement-Jones, contains both those elements. The first part of the amendment seeks a review within two years of the effectiveness of the measures in preventing the online sale of knives to persons under the age of 18. This would plainly be sensible. There is little point in legislating to prevent something if we find out that in fact that prohibition is not taking effect. We all want to stop the sale of knives to children, but we should want to do so in the most effective and proportionate manner. By reviewing the impact of the Bill, the Government would be able to make the necessary adjustments in response to the evidence. Having said that, we should listen carefully to the observations of my noble friend Lord Hailsham in this respect.

Another aspect of the question of efficacy is our obligation to the law-abiding public. It is right that we should attempt to ban children from purchasing knives. We are all aware of the severity of the knife crime epidemic and that part of the problem is the easy access to knives. But we should not pretend that the entire problem stems from their online availability. Of course, it is a factor, but children and young persons intent on committing knife crime will have plenty of other opportunities, if they are determined enough, to buy knives and to acquire them from other sources. They could use an older friend’s or family member’s identification, or indeed, they could ask them simply to make the purchase. They could steal a knife—given the current rates of shoplifting, I suspect this already happens—or they might simply go no further than their kitchen drawer and take one of the many easily accessible knives there.

By adding restrictions to online sale, the Government are merely stemming one route of access, but doing so adds an extra burden to the great majority of law-abiding citizens and retailers. As I have said, we understand why action is necessary, but, if we are to make it mandatory, we should ensure that it is genuinely effective in practice. Here, we should listen to the wise words of my noble friend Lord Blencathra. We must know, therefore, that we are not adding regulation for its own sake and that we are simultaneously taking other meaningful measures to address the wider issue. The Government should continue to explore this further.

Proposed subsections (2)(b) and (2)(c) in Amendment 122 address another aspect of the knife problem. While the first part reviews the effect of the Bill on the sale of knives, these subsections turn to the design and legality of the knives themselves.

If the knives which we make harder to purchase are not the ones being used in knife crime, our efforts will be in vain. Collecting data both on knives sold and, separately, on knives used in crimes, as Amendment 194 argues for, could offer a remedy for this. It would provide the Government with the necessary data to identify which types of weapons in particular lie at the root of the problem and to take action accordingly. This principle also underlies Amendment 123—I had already noted the typo, if I can put it that way, and have marked the noble Lord’s homework accordingly. But, taking it seriously, consulting on what knives are used in offending and on the measures to be required to curb their circulation must be sensible and proportionate, and it should complement the Government’s proposals.

This is a moderate group of amendments on a subject that clearly needs further review and refinement. I look forward to hearing the Minister’s response on the Government’s position. At the same time, I think we need to hear carefully and take heed of what noble Lords have said in their words of caution on this topic.

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[Viscount Goschen (Con)]

My Lords, briefly, I associate myself with all the sentiments that have been shared this afternoon on this matter. I think we all know what we want to try and stop with the Bill: zombie knives. There is no excuse or legitimate use at all for a zombie knife. But it is incredibly difficult to define, and legislation has attempted to do so. The points raised by my noble friend Lord Hailsham are absolutely right: we do not want to criminalise the use of everyday items or the ownership of swords. They may not be for historical purposes, but they may be of sentimental value, family heirlooms or collector’s items and may have any number of associated uses. My noble friend Lord Blencathra has put his finger on an absolute scourge which we, as parliamentarians and in co-operation with the police, really have to deal with using every tool that we have. But I also share the concern that there will be many unintended consequences if my noble friend’s amendments, as currently drafted, were included in the Bill.

[Baroness Doocey (LD)]

My Lords, I will speak about Amendment 214B on knives in schools. It will come as no surprise to the noble Lord, Lord Blencathra, that we on these Benches take a different view. We strongly believe that criminalising children is just not the way forward. Last year, an authoritative joint police and Ofsted report warned that serious youth violence has spread its tentacles further than many adults realise and that 11 year-olds now carry knives for protection, so there is no doubt that there is a major problem. However, the same report does not call for more punitive sanctions to deter young people from offending. Instead, it recommends a preventative, public health approach, focused on early intervention, safeguarding and partnership working. It warned that, without better co-ordination and sustained investment in prevention, efforts to tackle youth violence will fall short and the cycle of harm will continue. These warnings must be heeded.

Yet, budget pressures mean police forces are cutting safer school programmes. The Met, for example, is moving 371 officers out of schools due to funding shortfalls. Prevention has to be taken seriously and resourced properly. Public health funding per capita has fallen by 28% since 2015. That results in reactive rather than preventative policing, and nowhere is this more important than with children and knife crime.

I agree that there is no justification for a child to bring a knife into school, but we cannot support the approach of Amendment 214B. Instead, we should concentrate on the success of interventions such as Operation Divan, which involves a single, voluntary face-to-face meeting between a young person at risk and a police officer or a youth justice worker. This prioritises prevention, education and safeguarding. Early results show a 60% reduction in knife and weapon offences at a cost of only £30 to £65 per person.

I turn briefly to the noble Lord’s remaining amendments and the proposal for a special category of particularly dangerous weapons. As the noble Lord recognises, these weapons are already prohibited. In our view, creating another category risks unnecessary overlap without adding any real benefit.

[Lord Sandhurst (Con)]

I thank my noble friend Lord Blencathra for his series of interesting amendments regarding knife crime. As we have already heard, my noble friend comes to this debate with the experience of some time in the Home Office—a real experience at the sharp end. Although the rates of knife crime have fallen a little over recent years, any victim of a crime, particularly one caused by knives, is a victim too many. Just recently, we heard of the terrible incident on fireworks night a year or so ago and the trial, which finished in the Old Bailey earlier this autumn; 16 year-olds were involved, and one of them died, and it all happened very quickly. So, knives are a real problem. The Government pledged in their manifesto to halve knife crime by 2030. If they wish to make good on that premise, it is imperative that they really do something to reduce it.

My noble friend’s amendments are a welcome practical measure in that direction but are subject to a number of reservations. I begin with schools. Amendment 214B introduces an important clarification to the law in respect of defences for carrying a knife in school premises. It makes plain that the only justification for someone having a knife at school can be in relation to educational services. It is also right that, in turn, this justification should apply only to teachers or those holding a position of authority. There is no plausible reason why a student should come on to the school premises carrying a knife. We welcome the amendment as an important step to ensure that both pupils and teachers are safe from knives at school, and we hope that the Government look at this and consider the amendment seriously.

We also thank my noble friend for his Amendments 214C to 214E. As we have heard, these seek to create a special category of particularly dangerous weapons: machetes, zombie knives, cleavers, swords and cutlasses. The merit is in identifying particular weapons by name. That will strike a chord with the public and with those who might otherwise carry them. They will know that, if they carry one of these weapons, just having it in their possession risks a very heavy prison sentence. Just having existing powers of sentencing does not, it seems, carry that resonance with those who most need to hear it, so we have got to do something.

Given the substantial increase in the use of machetes in recent years—we heard from my noble friend about the increase in their use in particular—something has to be done which identifies them, singles them out and curbs their circulation and use. In 2024, there were 18 machete homicides, an increase from 14 in 2023. Amendments 214D and 214E similarly ensure that manufacturing, selling, ownership and possession of these dangerous weapons will be regarded as a specific new offence.

My noble friend Lord Hailsham was right to point out that the drafting causes problems, and there are people, in the countryside in particular, who may have a legitimate use for machetes. But we are not in the jungle of Belize; we are in the United Kingdom. Sickles and scythes can be used, of course, but if there is going to be a use for something such as a machete, there should be specific clarity to make sure that we do not allow it to be put forward as a specious defence.

To call these amendments bizarre would, in my submission, go too far. If we take this matter seriously, as we all should, we will know full well that this really is an important mischief which has to be addressed, named and called out. My noble friend has raised an important issue, and the Government, if they are serious about cutting knife crime—and not just knife crime but the use of these appalling tools and weapons—must work to bridge the drafting gap so that the sorts of things which we have seen and heard about in the last few years are heavily reduced and people can walk and live in safety, particularly in our big cities.

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[Baroness Stowell of Beeston (Con)]

My Lords, if I may, I will come back to the topic of this group. I too have an amendment in this group, Amendment 351. I am pleased to follow the noble Lord, Lord Hannett, and indeed my noble friends. I endorse a lot of what they have said and argued.

As I said at Second Reading, I have huge sympathy for those in public-facing jobs who have been subject to abuse and violent threats at work. Aside from such threats being unacceptable, I, like the noble Lord, Lord Hannett, understand the fear that they generate. Anyone at work on the receiving end of such a threat should at least be confident that the police will respond swiftly when they are in danger, or when an actual crime starts to be committed.

My instincts have always been to support Clauses 37 and 38, as I said at Second Reading. However, I find myself somewhat conflicted. Several noble Lords argued at Second Reading that existing provisions on assault are an adequate protection in law and that a special law for assault against retail workers was not needed. I thought these arguments were somewhat convincing. Having said that, to be absolutely clear, I have no desire to remove Clauses 37 or 38 from the Bill. I will continue before everybody thinks that I am going to do something radical, which will cause all sorts of upset.

The amendments tabled by my noble friends Lady Neville-Rolfe and Lord Blencathra to extend the protection to delivery drivers and some hospitality workers in some establishments highlight that, having started down the path of singling out just the retail sector, it is difficult to draw a clear boundary line. The noble Lord, Lord Hannett, has already said that he now wants to push it yet further.

As we know, the aggravated crime of assault against public-facing workers, which we added to the crime and courts Bill, included all industries and sectors. That was not focused only on the retail industry. I worry that the aggravated offence of assault, which covers everybody in public-facing work, together with this new offence of assault on retail workers, will create a somewhat confusing picture for people who are employed in public-facing roles but are not in the retail sector. I think here of people working in public transport, or in banks or post offices; there are all sorts of different categories.

This potentially confusing picture brings me back to my underlying concerns. First, we cannot afford to lose good people who are doing a good job, whether that is in shops, on public transport, or in banks or post offices, as I said. We think of the recent horrific incident on LNER the other Saturday and the railway worker who was heroic in intervening. We are very conscious now that a lot of people are in places of work where they are subject to real threats and abuse.

So I ask the Minister: what work have he and the department done to satisfy himself that any perception of two-tier protection for people in different public-facing roles will not have a detrimental effect on employees who may fear they are no longer as covered as some other people in other public-facing roles? If there has been any work on that, that would be helpful to know and understand.

Secondly, and in my view just as importantly, if not more so, noble Lords who were in the Chamber at Second Reading may have heard me argue then that one of the things that I feel are needed is for workers who are in charge of public spaces or places, whether they be commercial or public sector spaces, to be encouraged to be more active in upholding common standards of conduct that we should all have a right to expect of each other in public, the breakdown of which is adding to people’s despair. The sorts of things I am talking about here are litter dropping, feet on seats, watching videos or listening to music on phones without headphones, and queue jumping. That is the kind of activity that comes before we get to actual offences that sometimes are happening now, such as fare dodging, smoking or drinking alcohol on public transport where they are not meant to be, or even defecating in public. We need workers to have delegated authority, from their employer or their union, and from all of us in leadership positions, and have confidence that, along with them, we will do the same in upholding these important standards in public places. We need a collective effort to tackle what I see as a broken windows type of activity. If we keep allowing this kind of activity to be ignored, we are allowing the risk of escalated bad behaviour to continue, which could then lead to actual serious crimes.

While the various trade bodies are coming at this from their perspectives with a desire to protect their staff, and rightly so, we need to look at this through a much wider lens and see the bigger picture. As a consequence of that, it might be that the price we need to pay is expanding what some believe is an unnecessary new crime in the Bill, to include other workers and to match the terms of the aggravated offence in the Crime and Courts Bill.

As I say, this was a probing amendment—this is not me trying to introduce a new law—but I would like it if the Minister agreed to meet me, perhaps with my noble friend Lord Davies, to talk about this some more. I genuinely think there are potential unintended consequences to this that we need at least to be alive to. We should consider what more is needed to ensure that everyone who is in a public-facing role feels sufficiently protected, but also, if we are to tackle the behaviour that is leading some to feel that they can do things with impunity, and that then gives them the courage and confidence to go on to commit more serious offences, we need to be thinking about this in a very different and more innovative way.

[Baroness Doocey (LD)]

My Lords, I have a lot of sympathy with many of the points made. First, we welcome the new protections introduced by Clauses 37 and 38. As legislators, we cannot stand by while so many people turn up to work every day expecting to face potentially terrifying abuse, threats and physical violence. This was brought home to me recently when a friend of mine went into our local Boots the chemist earlier this week in order to buy some headache tablets, only to find that practically every shelf in the shop was completely empty. When she spoke to the staff, they said, “Oh, it happens on a daily basis”, and they are so terrified that they just stand by and do nothing, because they are petrified that if they do anything or say anything they could be knifed. That is not in an area that is known for, to use the noble Baroness’s expression, “baddies”. It is in an area of London that is very safe. So that is really worrying.

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[Baroness Neville-Rolfe (Con)]

My Lords, I rise to speak to Amendment 216 in my name. I look forward very much to hearing the Minister’s response to the proposal from my noble friend Lord Davies of Gower for tougher community treatment of repeat offenders. As it is focused on the community and on suspended sentence orders, it seems to fit in very well with the spirit of the Sentencing Bill, which we will no doubt be debating on a number of further days.

As the Minister the noble Baroness, Lady Levitt, has already acknowledged, and as the recent Crime Survey shows, shoplifting has risen very significantly in recent years, especially since Covid. Indeed, we heard on the “Today” programme this morning that the average number of days it takes to deal with shoplifting cases has increased by 80% in the last decade.

My own experience has taught me something else: the biggest problem with shoplifting is not so much the law as the patchy and sometimes non-existent nature of police enforcement in relation to shoplifting and associated misdemeanours. The general acceptance that thefts worth less than £200—the noble Lord, Lord Hannett, was the first to mention that minimum—do not matter to the authorities is a particular bugbear of mine and of others who care about decency and limiting neighbourhood crime and its distressing effects.

That issue lies behind my Amendment 216, which would reverse that deplorable trend. My amendment would require the College of Policing to issue a code of practice to ensure that police forces also investigate shoplifting where the value of goods is less than £200. Letting people walk into shops, steal things and get away scot free eats at the heart of a civilised society, as the noble Baroness, Lady Doocey, explained earlier. You only need to visit San Francisco in recent years to see the awful effects on its once golden streets. However, there is hope there: a Democratic mayor is at last seeing good sense. I hope the Government will follow that lead and consider my amendment this evening.

[Baroness Doocey (LD)]

My Lords, on the noble Lord’s Amendment 215, I have great sympathy for its suggestions. Electronic monitoring can certainly play a useful role, although there is mixed evidence of its ability to reduce reoffending. However, there are multiple challenges in implementation, including inconsistent use by probation services, delays in procuring new GPS tags and gaps in responding promptly to breaches. However, my main problem is that, from a policing perspective, I worry there is no slack available in police time to monitor curfews, exclusion orders or electronic tagging. I fear it may be counterproductive to give the police yet more work when they are having great difficulty coping with what they already have.

I have a similar reservation about Amendment 216, tabled by the noble Baroness, Lady Neville-Rolfe. In principle, I would support a code of practice to improve enforcement. However, in the absence of more police resources, the danger is that this would only exacerbate the current situation, where chief constables are faced with having to rob Peter to pay Paul in other areas of policing, and victims of other crimes would likely suffer as a consequence.

I would stress prevention over cure. I draw the Committee’s and the Minister’s attention to a West Midlands Police programme that diverts repeat low-level shoplifters into services like drug rehabilitation. Since its pilot in 2018, it has been credited with saving local businesses an estimated £2.3 million through reduced shoplifting. Surely this is something we ought at least to investigate.

[Baroness Levitt (Lab)]

My Lords, I am grateful to the noble Lord, Lord Davies of Gower, and the noble Baroness, Lady Neville-Rolfe, for tabling Amendments 215 and 216 respectively. I have great respect for both the noble Lord and the noble Baroness. The noble Baroness’s background means that she knows more than most about the corrosive experience of shoplifting and the effect it can have on those working in the retail industry. The noble Lord’s distinguished career as a police officer gives him great authority to speak about the challenges to police forces and their obligations to society that they should be fulfilling. I reassure both the noble Lord and the noble Baroness that we are all on the same side on this. This is one of these situations where I am very keen to work with Members from all sides of your Lordships’ Committee to ensure that we deal with this social and economic menace efficiently and effectively.

On Amendment 215, I will repeat what I said a few moments ago: this Government take repeat and prolific offending extremely seriously. However, sentencing in individual cases must be a matter for our independent judiciary, and it must take into account all the circumstances of the offence and the offender, as well as the statutory purposes of sentencing. Your Lordships will, of course, be aware that the courts have a broad range of sentencing powers to deal effectively and appropriately with offenders.

As some of your Lordships may be aware, until relatively recently I was a judge in the Crown Court, and I sentenced my fair share of shoplifters. There was a complete spectrum of those offenders, from the destitute, homeless young mother stealing nappies for her baby at one end to the shameless, organised shoplifting gangs who terrify and terrorise shop workers. As the sentencing judge, there was a toolbox of disposals of increasing seriousness available to me, so that I could match the appropriate sentence to the offender on a case-by-case basis. These included discharges, fines, community sentences, suspended sentences with requirements and custodial sentences where appropriate.

Previous convictions are already a statutory aggravating factor, with the sentencing guidelines making it clear that, when determining the sentence, sentencers must consider the nature and relevance of previous convictions and the time elapsed since the previous conviction. But that repeats what is, in fact, common sense and what every sentencer knows. From my own experience, I can tell the Committee that the more frequently a defendant appears before the court, having gone out and done exactly the same thing that he or she had just been sentenced for, the more exasperated the judge becomes, who then starts imposing tougher and tougher sentences.

Despite the popular caricatures, judges do live in the real world. While sentencing a shoplifter to prison as a standard proposition will seem harsh, it can and does happen if the court concludes that there is no other way of stopping them. Importantly, this Government will introduce a whole range of options that will ramp up the community and suspended sentence powers for judges. In other words, the toolbox is getting fancier and more extensive.

As the noble Lord, Lord Davies, has said, sentencers are already able to impose a robust range of electronic monitoring requirements on anyone serving their sentence in the community. Where the court imposes curfews, exclusion zones and/or an alcohol ban, offenders must be electronically monitored, subject to individual suitability. I note the concerns of the noble Baroness, Lady Doocey, about the effect on police resources. However, quite a lot of the monitoring is done by the Probation Service. As the noble Baroness is probably aware, the Government are putting a lot of additional resources back into the Probation Service to enable it to do this.

Soon judges will be able to add driving bans and bans on offenders attending pubs, bars, clubs and desirable social activities like sports and concerts, as well as some tough new geographical restriction zones, to the existing tools.

Crime and Policing Bill

Baroness Doocey Excerpts

Committee stage
Thursday 27th November 2025 Lords Chamber

[Baroness Doocey (LD)]

My Lords, I fully endorse the important points raised by the noble Baroness, Lady Brown. I had great pleasure in working with the noble and learned Baroness, Lady Butler-Sloss, on the Modern Slavery Bill. I am totally in awe of her experience and her willingness to share that experience, which, as a new Peer, was absolutely wonderful for me—although I could certainly do with it now as well.

The government amendments in this group provide more welcome detail on the definition and operation of child criminal exploitation prevention orders and include provisions necessary to cover the whole of the UK, not just England and Wales. As with other government amendments during the passage of the Bill, we welcome the expansion of detail in the Bill. Could the Minister confirm that each of the three devolved states has approved the relevant amendments in this group? It would be very good to hear that this has already been done. I do not disagree with anything that anyone has said so far—it has been an excellent and very clear unification of the views of everyone here.

[Lord Davies of Gower (Con)]

My Lords, I thank the noble Baroness, Lady Brown of Silvertown, for introducing this large group of amendments. As noble Lords will appreciate, many of the amendments before us today concern matters of clarification or technical improvement to ensure consistency across the Bill and the amendments tabled so far.

We on these Benches are broadly supportive of these changes, particularly when they strengthen child safeguarding protections and improve clarity, which we hope will eventually result in more seamless practical implementation. In this regard, we welcome amendments extending the scope of child criminal exploitation prevention orders to Scotland and Northern Ireland, and those clarifying procedural matters, such as the form of notification requirements when oral notification may not be practicable. These are sensible adjustments that contribute to ensuring that the Bill operates coherently across the four nations and in real-world enforcement scenarios.

I briefly draw attention to Amendment 235ZA in my name, which would remove Clause 43(3)(a). That subsection currently requires that, when a court makes a criminal exploitation prevention order, the terms of the order must avoid

“conflict with any religious beliefs of the defendant”.

Although religious beliefs are, of course, an important individual right, the purpose of these orders is to protect children from very serious criminal harm. It is, therefore, my view that safeguarding and public protection must take precedence over all other concerns and that no such exemption should hinder appropriate and proportionate restrictions when a court considers them necessary. I hope the Government consider the matter carefully and take the recommendation on board.

Finally, I thank the noble Baroness, Lady Finlay of Llandaff, for bringing forward Amendment 235A, which would give the courts an explicit ability to impose a prevention order to protect a child from being threatened, intimidated or coerced into criminal exploitation. The intention behind the amendment—to intervene earlier and more effectively to safeguard children at risk—is one that I hope all sides of the Committee can support. I look forward to hearing the Government’s response and clarification of how the Bill will ensure that those protections are fully delivered. These are complex issues, but our shared objective is simple: to ensure that vulnerable children are protected and that those who exploit them face firm consequences. I hope the Government will reflect carefully on the points that have been raised here today.

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[Lord Hanson of Flint (Lab)]

That is a valid point. I have considered with officials how we ensure enforcement of the guidance. I simply put it to the noble Earl—and we can debate this outside the Bill—that the statutory guidance is issued to chief constables of police forces under Clause 60 and they have a legal duty to ensure that statutory guidance is implemented, and officers have a legal duty to support and interpret that at a local level when they are faced with incidents of child exploitation as defined by the Bill. That requires a whole shift of culture and of training—I understand that. I will take from this comment and from the Committee generally that my colleagues in the Home Office need to look not just at the guidance but at its implementation. Ultimately, it has a statutory footing, and that is the key point for the Committee.

[Baroness Doocey (LD)]

Will the Minister take on board the fact that countless inspections of police training, including by HMICFRS, have said that there has not been an independent assessment of police training since 2018, despite the fact that so many of the policing bodies themselves have asked for it? Taking the point, will he now say that there will be an independent assessment, so that police training can be much more appropriate and police will know exactly what they are supposed to be doing when we sit in this House and make legislation?

[Lord Hanson of Flint (Lab)]

I will sound like I am repeating myself from Question Time, but, very shortly, we anticipate bringing forward a policing White Paper looking at a whole range of mechanisms to improve police performance. If the noble Baroness will allow me, I will wait for further detail on the policing White Paper, which I have already said to the House will be published before Christmas, to allow for further discussion on a range of efficiency and improvement matters for policing. The point she makes is worthy of consideration, but I will park it until a later date in the parliamentary calendar.

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[Baroness Butler-Sloss (CB)]

My Lords, I chair a commission on forced marriage. One of the most useful things that the Labour Government did in 2007 was create a forced marriage protection order. That was intended to deal with the perpetrators rather than the victims. However, having listened to the speeches so far, I realised that I had not thought of protection orders being for the victim rather than to prevent the victim being dealt with.

It is an admirable scheme. I was much touched by the story that the noble Lord, Lord Russell of Liverpool, gave to us. One thing that would make it most useful is to deal with parents. My experience is not so much in this area, but when I was a family judge, one of the problems, particularly in care cases, was the inability of the parents to manage their children. Very often, the children were very well meaning, but they absolutely would not do what their parents said. Is anybody who is a parent surprised? As a grandparent, I am even less surprised by the fact that children, if they are told to do something by a parent, will not do it—just out of bloody-mindedness, apart from anything else.

This would offer a genuine ability to look after a child who is being exploited and is extremely vulnerable, but whose parents, trying as hard as they can, cannot manage him or her. This would give them the power, apart from the authorities, to do something useful—and useful not just for the child but for the state.

[Baroness Doocey (LD)]

My Lords, we welcome this amendment, which would provide a valuable additional tool to protect children who are criminally exploited while at the same time committing criminal acts that victimise others. The amendment seeks to address these behaviours proportionately, managing the child’s risk to others without inflicting the potentially life-changing damage of having a criminal label attached, while ensuring the child is protected from further exploitation.

A criminal exploitation protection order would be an important step towards providing an end-to-end response for children in this situation. Unlike a youth rehabilitation order, it would directly target behaviours linked to child criminal exploitation, addressing the unique power imbalances and coercion involved in those often-complex situations. I urge the Government to look closely at the proposed order, which would be an extremely worthwhile addition to the Bill and which has the full support of these Benches.

[Lord Davies of Gower (Con)]

My Lords, I am grateful to the noble Baroness, Lady Armstrong of Hill Top, for bringing forward this important amendment. It speaks to an issue that has been much discussed during the Bill’s passage: the urgent need to protect children who are coerced or manipulated into criminal activity by those who exploit them for profit and control.

Amendment 247 proposes a new clause to establish a criminal exploitation protection order. This would be aimed directly at safeguarding children who have already been subjected to criminal exploitation, preventing further harm. As the noble Baroness has eloquently explained, these children deserve support and a clear pathway out of exploitation. Undoubtedly, there is merit in exploring whether a new bespoke order focused on the safety and welfare of the exploited child could complement the existing prevention orders in the Bill which target the adult perpetrators. We recognise the intention behind ensuring that prohibitions and requirements are carefully balanced so as not to interfere unnecessarily with education, family life or existing legal orders. From these Benches, we are sympathetic to the objectives of the amendment.

We recognise that introducing new regimes raises practical considerations that must be considered. I therefore look forward to hearing the Government’s response and to further discussion as the Bill progresses. Protecting children from exploitation must be central to this legislation. I thank the noble Baroness for her continued leadership on this issue.

Crime and Policing Bill

Baroness Doocey Excerpts

Committee stage
Thursday 27th November 2025 Lords Chamber

[Lord Blencathra (Con)]

I apologise to the noble Lord, Lord Hanson; I was not referring to him. It was the Government Whip who was getting very agitated about my comments. I could have spoken for a lot longer if I had degrouped my amendments, but I am not going to do that.

Quite simply, Clause 56 lists all the crimes in Part 1 of Schedule 6 that are relevant to convicting someone of controlling another person’s home for criminal purposes. Schedule 6 is about two pages of big issues—very large crimes—which are completely inappropriate for a summary trial. This is about hijacking someone else’s home, where the homeowner is kept prisoner. That is such big stuff that it should not be triable by summary but only in a Crown Court.

I beg to move—after one minute and 21 seconds.

[Baroness Doocey (LD)]

My Lords, we welcome government Amendment 262, which recognises that cases of cuckooing often involve a complex web of coercive control. The person who seems to be in charge may actually be being manipulated or exploited by somebody else, and this addresses that complexity. However, while I understand the points made by the noble Lord, Lord Blencathra, and recognise all too well the potential life-changing harm caused by cuckooing, we are not minded to support restricting the trial venue in that way.

Magistrates’ courts provide quicker access to justice for victims and less delay than Crown Courts, particularly given the current backlogs. This is particularly important as cuckooing is linked to ongoing exploitation, with offenders often moving on to repeat the offence elsewhere, so fast action to stop the creation of more victims may in some cases be the more sensible option. Magistrates’ courts can also be less intimidating for vulnerable victims, supporting them to testify. Many other exploitation and safeguarding offences can be tried either way, allowing the specific facts of each case to determine the appropriate court. Imposing a blanket restriction on trial venue risks delaying justice, undermines established practice, and limits judicial discretion.

The pattern of coercion and control is at the heart of all these issues, whether we are talking about the exploitation of vulnerable children or adults. The evidence shows that women—as well as children—who are coerced into offending, often by traffickers or abusive partners, are in practice more often punished than protected. Too many victims of coercive control are still unfairly prosecuted for offences linked to their own abuse. Many female victims do not report to the police for fear of being criminalised, and that concern is well-founded. If, for example, drugs are being stored or grown in their flat, it is all too often the woman who is prosecuted. The statistics bear this out: around 70% of women in prison are victims of coercion or domestic violence.

Turning to the issue of coerced internal concealment, Amendment 259 links the new offences of causing internal concealment and cuckooing, making it clearer and easier to prosecute these serious and often related behaviours. Coerced internal concealment, whereby a person hides items such as drugs inside their bodies, is a particularly stark illustration of the abuse of power. Anyone who puts another person’s life at risk in this way should be subject to the harshest of penalties, so we support the introduction of this new offence.

I take this opportunity to raise an issue which, regrettably and surprisingly, remains absent from the Bill. In the past five years in England and Wales, a child has been subjected to an intimate police search every 14 hours on average. Black children are four times more likely to be strip-searched compared to their proportion of the population. Half these searches lead to no further action.

In opposition, the Government promised stronger regulation, including a statutory duty to notify parents, which should be the bare minimum. Although a consultation began in April 2024, there have been no firm proposals since, which is disappointing given an earlier commitment from the former Home Secretary to new mandatory rules and safeguards being

“put in place as a matter of urgency”.

That pledge followed a series of recommendations from the IOPC, including a call to amend the law so that police forces are required to make a safeguarding referral for any child subjected to a search involving the exposure of intimate parts. It also called for clearer guidance, enhanced training, greater consistency across police forces and, again, for these reforms to be implemented “quickly”.

Some 18 months later, some forces have improved practice and made more safeguarding referrals, but there is still no legal requirement. The Children’s Commissioner confirms that poor strip search practice is widespread and is not limited to any one force or region; failures include not having an appropriate adult present. Can the Minister confirm that a timescale is in place for the implementation of these recommendations? If not, will the Government consider amending the Bill to reflect the need for urgent action?

[Lord Sandhurst (Con)]

My Lords, I thank my noble friend Lord Blencathra for introducing his amendment. This is an opportunity to consider cuckooing more broadly.

We on these Benches recognise the need for a cuckooing offence, and we did so last year before the general election. I am glad to see that the Government are now following our lead. Data suggests that cuckooing offences have quadrupled in recent years; given that it is a crime largely associated with child exploitation, it is all the more pertinent that we tackle it head on now.

Children are used to conceal and traffic illegal drugs in order to fund the activities of criminal drug gangs. Some 22% of people involved in county lines drug trades are children—that is almost 3,000 vulnerable people under the age of 18 being made to do the dirty work for criminals. These county lines trades are often run out of the dilapidated homes of vulnerable people. Criminals appropriate and transform them to use them for their own ends. Children are ferried in and out; they are sent to similar locations all over the country. It is a very specific crime that requires a very specific law. We see force in my noble friend Lord Blencathra’s amendment, but we would not wish to tie the prosecutor’s hands.

Amendment 259, which addresses the offence of causing internal concealment, would prohibit cuckooed houses being used to house people who hide and then transport drugs. These people, as I have pointed out, are often children. Amendments 260 and 261 address that more broadly. Cuckooing—using children for criminal purposes—is a heinous and exploitative crime and it is right that it be given its own offence. However, while we welcome the Government agreeing to come with us on cuckooing, it is a shame that they have failed to address another root cause of the issue. As we have said, cuckooing is a crime primarily committed by gangs who co-opt homes to run their criminal operations. If you could break up those gangs, you would reduce cuckooing; the two feed off each other.

On the previous day of Committee, His Majesty’s Opposition had two amendments that would have done this. The first amendment would have created a statutory aggravating factor for gang-related offences. The second would have created an offence for specific gang-related graffiti. We appreciate the Government following our lead to create the offence of cuckooing, but if they are serious about this, they should do the same with gangs. Our measures would not, as some noble Lords suggested, criminalise fence-painting or church symbols. Neither is a gang sign. They would, however, deter gangs from their activities and lock up members who partake. This would be just as effective as this new offence.

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[Lord Hanson of Flint (Lab)]

The Committee has considered that amendment. If the noble Lord wishes to write to me on any details, I will certainly write back to him, but, in the interests of progress, it would be better if that was dealt with outside the Chamber, given that we have debated those matters already.

[Baroness Doocey (LD)]

My Lords, very briefly, the government amendments set out the devolution arrangements to ensure that criminals cannot exploit differences between the four nations, and we are very happy to support them.

[Lord Davies of Gower (Con)]

My Lords, this is an important issue that I know there is cross-party support for, and I am largely supportive of the intentions behind the amendments in this group.

The first of the Minister’s amendments acts largely to tidy up the drafting of the Bill and ensure its thoroughness. I agree with this. Expanding the scope for technology testing regarding child sexual abuse materials is welcome.

Similarly, extending provisions to ensure that they are the same in all parts of the union is a minor but important amendment. Consistency across our internal borders is the best way to ensure that children are protected equally everywhere. It should help with cross-border co-ordination between authorities, and I therefore welcome it.

I see the logic behind government Amendments 295A and 295B. It is the right approach that, if the Government want to crack down on technology, they should first do so at the source. That means discovering which technologies are being used to create unlawful content, which requires people to test them. This would also, I hope, have the additional effect of not blanket banning content for people without nuance, instead targeting the specific pieces of software responsible. So long as the individuals able to use this as a defence remain strictly authorised by the Secretary of State, I appreciate the amendment’s aim.

This should go hand in hand with an initiative similar to the one suggested by my noble friend Lord Nash. If the Government can identify the technology used, they should attempt to shut it down. Unfortunately, this is often outside the Government’s jurisdiction and therefore some form of software to prevent the distribution of child sexual abuse material might be the next best approach. I hope that the Minister can confirm that they are perhaps looking at this.

As I said, this is a non-partisan issue. We all want to reduce child sexual abuse, online or offline, and these amendments should work to help the Bill achieve the former. I hope that the Minister can, in due course—perhaps at a later stage—fully outline how this new technology will be implemented and applied consistently, and will consider my noble friend Lord Nash’s amendment, but I broadly support the approach.

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[Lord Hacking (Lab)]

My Lords, having arrived in this House a very long time ago—53 years ago—I know this House works best if it treats legislation as an evolutionary process. The Online Safety Act seemed to be a very good Act when we passed it two years ago, but now we have further, drastic evidence, which we have heard in this debate. I am confident my noble friend the Minister will treat the speeches made in this debate as part of the evolutionary process which, I emphasise again, this House does best.

[Baroness Doocey (LD)]

My Lords, I thank the noble Baroness, Lady Kidron, for bringing forward these amendments and for explaining them so clearly. The understanding of the Independent Reviewer of Terrorism Legislation, Jonathan Hall, is that AI chatbots do not trigger the illegal content duties since these tools are not considered to show mental intent. As a result, chatbots can generate prompts that are not classified as illegal, even though the exact same content would be illegal and subject to regulation if produced by a human. I find that quite extraordinary.

By accepting these amendments, the Government would be acting decisively to address the fast-evolving threat which this year saw abusive material of sexual content for children rise by 380%. In April 2024, the Internet Watch Foundation reported that a manual circulating on the dark web, which the Minister referred to earlier, instructed paedophiles to use AI to create nude images of children, then use these to extort or coerce money or extreme material from the young victims. The charity warned that AI was generating astoundingly realistic abusive content.

Text-to-image generative AI tools and AI companion apps have proliferated, enabling abusers to create AI chatbot companions specifically to enable realistic and abusive roleplay with child avatars. Not only do they normalise child sexual abuse, but evidence shows that those who abuse virtual children are much more likely to go on to abuse real ones. Real children are also increasingly subjected to virtual rape and sexual abuse online. It is wrong to dismiss this as less traumatic simply because it happens in a digital space.

The measures in the Bill are welcome but, given the speed at which technology is moving, how easy or otherwise will it be to future-proof it in order to keep pace with technology once the Bill is enacted?