Crime and Policing Bill (Sixth sitting)

Diana Johnson Excerpts

Committee stage
Thursday 3rd April 2025 Public Bill Committees

[Joe Robertson]

It is a pleasure to serve under your chairmanship, Sir Roger. Speaking to the last clause we debated, the Under-Secretary of State for Justice talked about the deterrent value of making the offence triable either way. A significant part of the amendment is about the deterrent value of the length of prison sentence available for someone convicted of child criminal exploitation—a horrendous crime. The adult involved uses and exploits the child, and also exploits the way the police operate by putting the criminal activity in the child’s hands. Time and again, the criminals use this as a way to avoid arrests for moving drugs around the countryside or a town, because they believe the police will not arrest a child who is perpetrating the criminal activity because they are being instructed to do so. This activity has increased in recent years—so far it has not been a criminal offence—and helps the movement of drugs. Not only does it have an impact on the children involved, but it means that drug use and drug dealing proliferates in hotspots and more generally. It can also include the movement of offensive weapons, which is another area where activity in certain hotspots has got worse.

If the new provision, which I support, is to have the added desired weight and deterrent effect to stop people engaging in child criminal exploitation, it needs the amendment that the hon. Member for Neath and Swansea East tabled to increase the length of sentencing. Only then will the police feel emboldened to go after those horrendous criminals who exploit children. I urge the Minister to consider the amendment, which would have the biggest possible deterrent effect, and use the arguments of her hon. Friend to ensure that the provisions are as strong as possible.

[The Minister for Policing, Fire and Crime Prevention (Dame Diana Johnson)]

Good afternoon, Sir Roger. Looking at amendment 1 before we go on to discuss clause stand part—

[The Chair]

Order. This is just amendment 1.

[Dame Diana Johnson]

Yes, that is what I meant, Sir Roger. I am sorry to cause confusion.

Amendment 1 seeks to increase the maximum penalty for the new offence of child criminal exploitation in clause 17 from 10 years’ imprisonment to life imprisonment. I fully support a maximum penalty that reflects the seriousness of the offence, which holds people who criminally exploit children to account and acts as a clear warning to would-be perpetrators who might target children for their own criminal gain. However, a maximum penalty must be fair and proportionate. A life sentence is an extremely high bar, reserved for the gravest offences such as murder and rape. Ten years’ imprisonment is a very serious maximum penalty that reflects the significant physical, psychological and emotional harm done to the child. It reflects the damage done to a child’s life chances by inducing them into a criminal lifestyle, and to their welfare by subjecting them to coercive behaviours that may be traumatic and long-lasting.

To be clear, the penalty imposed for the child criminal exploitation offence does not punish perpetrators for conduct that would amount to a separate offence. It does not punish the perpetrator for the offence that they intend the child to commit—for example, drug supply. Harmful acts done to a child as part of their exploitation that would amount to a separate offence can be punished under those offences in addition to the child criminal exploitation offence. For example, an assault against a child to ensure their compliance that amounts to causing grievous bodily harm with intent to do so will be subject to the maximum penalty for that offence, which is life imprisonment.

When deciding what sentence to impose, the courts are required to take into account the full circumstances of the offence and the offender. This includes the culpability of the offender, the harm they caused, and any aggravating or mitigating factors, to ensure that the overall sentence imposed on the offender is just and proportionate. Looking at the sentencing framework across the criminal law in England and Wales, the Government are of the view that a 10-year maximum penalty for child criminal exploitation is appropriate and comparable to offences that involve similar behaviours.

[Jo Platt (Leigh and Atherton) (Lab/Co-op)]

I beg to ask leave to withdraw the amendment.

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[The Chair]

This is an unusual situation, but for future guidance, Ms Platt, you would be on safer ground if, under those rather bizarre circumstances, you abstained. It would not have affected the outcome of the Division—but we are where we are.

[Dame Diana Johnson]

I beg to move amendment 10, in clause 17, page 26, line 29, at end insert—

“(4) In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply), after paragraph 36C insert—

‘Crime and Policing Act 2025 (c. 00)

36D An offence under any of the following provisions of the Crime and Policing Act 2025—

section 17 (child criminal exploitation)’.”

This amendment excepts the offence of child criminal exploitation from the defence in section 45 of the Modern Slavery Act 2015.

[The Chair]

With this it will be convenient to discuss the following:

Clause stand part.

New clause 8—Definition of Child Exploitation—

“(1) For the purposes of this Act, ‘child exploitation’ means any act, recruitment, or conduct by a person (A) aged over 18 involving a person (B) under the age of 18 that—

(a) takes advantage of the child (person (B)) for financial, sexual, labour, or other personal gain; and

(b) causes, or is likely to cause, physical, psychological, emotional, or economic harm to the child (person (B));

(2) Child exploitation includes, but is not limited to—

(a) Sexual Exploitation: The involvement of a child in sexual activities for gain;

(b) Labour Exploitation: The recruitment of a child into any form of work that is hazardous or interferes with their education and development;

(c) Criminal Exploitation: The use of a child to commit or facilitate criminal activities; and

(d) Economic Exploitation: The use of a child’s labour, image, or creative work for commercial gain without appropriate compensation or safeguards, including online influencer exploitation, or child performers being denied legal protections;

(3) A child (person (B)) is deemed unable to provide valid consent to any act constituting exploitation under this section.”

[Dame Diana Johnson]

Clause 17 provides for a new offence of child criminal exploitation. The offence will criminalise any adult who exploits a child by intentionally using them to commit criminal activity, and will carry a maximum penalty of 10 years’ imprisonment. Child criminal exploitation is a form of child abuse that is often committed by criminal gangs, which prey on the vulnerability of a child to groom and manipulate them into committing crimes, such as county lines drug running, organised robbery and many more offences. Perpetrators expose victims to violence, threats and intimidation, causing serious physical, psychological and emotional harms, which have devastating and long-lasting impacts on their childhood, as well as their future life chances.

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There are some wonderful organisations out there trying to stop the incursion of gang activity into their local areas, and trying to identify at a young age children who might be induced to commit criminal activity. I will particularly refer to Community Action Isle of Wight and to the Bay Youth Project, a fantastic project that supports young people who may be vulnerable to exploitation. I was delighted to join representatives of the Bay Youth Project in London just a couple of weeks ago when they received a national award for their fantastic work.

[Dame Diana Johnson]

The debate on this group has been very full, and it is good to know that there is cross-party support for clause 17, which introduces the offence of child criminal exploitation.

The shadow Minister, the hon. Member for Stockton West, highlighted that the Modern Slavery Act, which the previous Government relied on to deal with the problem, has been failing for many years. The statistics that he cited on the very limited number of prosecutions that went through the courts emphasise how sad and unfortunate it is that this bespoke offence was not put on to the statute books years ago. Given the cross-party support for it today, I am surprised that such support did not exist years ago under the previous Government.

I will deal with some of the questions about clause 17, particularly on the age limit of 13. I think it is clear that it is never reasonable to consider a child under the age of 13 as an adult. There is crossover from the approach taken around child sexual exploitation, and it would almost always be obvious when a child is under the age of 13. I hope that explains why that age limit was set.

On the question of what is happening in Scotland and Northern Ireland, I have said in previous debates that we are in discussion with the devolved authorities, particularly with the Scottish Government and Northern Ireland’s Department of Justice, about the application of the CCE provisions to Scotland and Northern Ireland. I hope that offers reassurance.

The hon. Member for Gordon and Buchan asked how many defendants had relied on the section 45 defence under the Modern Slavery Act in respect of CCE offences. Obviously, we will not have had a CCE offence until this Bill gets on to the statute book, so the answer to that question is none. The comparator offence in terms of modern slavery and human trafficking is also excepted from the defences listed in section 45. The purpose of amendment 10 is to ensure that those prosecuted for this serious offence cannot benefit from the section 45 defence.

The shadow Minister asked how the new offence will change the dial on the systems response to CCE. I take his point: introducing the bespoke, stand-alone offence of CCE, as well as CCE prevention orders, will raise the national consciousness of the issue and finally—I emphasise that word—place it on a level playing field with other harms. That said, we do understand that the offence on its own is only part of the answer, and that is why we are working across Government to identify opportunities to improve the systems response and drive change and transformation.

I do not wish to try your patience, Sir Roger, by going into the issue about the sentence that should be given for the new offence, as we discussed whether the maximum sentence should be life imprisonment in the debate on previous group. The Safeguarding Minister, my hon. Friend the Member for Birmingham Yardley, is undertaking a full review of the NRM, as well as looking at the Modern Slavery Act more generally, because it does not always work as effectively as we would like.

In terms of what else we can do, I want to highlight another manifesto commitment: the creation of Young Futures. That is about recognising those children who are vulnerable and who might need extra support. We will create youth hubs and prevention partnerships, which are about the cohort of very vulnerable young people who might be getting themselves into difficult situations and who are perhaps on the verge of getting involved in criminality. That will involve identifying who they are, working with them and putting in place a plan of action to ensure that they are diverted away from involvement in the gangs that we know prey on very vulnerable young people. On that basis, I commend clause 17 and amendment 10 to the Committee.

Amendment 10 agreed to.

Clause 17, as amended, ordered to stand part of the Bill.

Clause 18

Power to make CCE prevention order

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to discuss the following:

Clauses 19 to 30 stand part.

Schedule 4.

Clause 31 stand part.

[Dame Diana Johnson]

Clauses 18 to 31 and schedule 4 introduce child criminal exploitation prevention orders, which will be available on application to the courts, on conviction and at the end of criminal proceedings when there has not been a conviction. The provision for on-conviction orders is made by amendment of the sentencing code by schedule 4.

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On resuming—

[Dame Diana Johnson]

The hon. Member for Gordon and Buchan raised a number of very interesting points of detail. I do not want to detain the Committee any further this afternoon by addressing each and every one of the very important questions that she posed, but I hope that she will take my assurance that I will reflect on all her points and consider them as part of the implementation planning for the new clauses. I commend clauses 18 to 31 and schedule 4 to the Committee.

Question put and agreed to.

Clause 18 accordingly ordered to stand part of the Bill.

Clauses 19 to 30 ordered to stand part of the Bill.

Schedule 4 agreed to.

Clause 31 ordered to stand part of the Bill.

Ordered, That further consideration be now adjourned. —(Keir Mather.)