Crime and Policing Bill (Seventh sitting)

Joe Robertson Excerpts

Committee stage
Tuesday 8th April 2025 Public Bill Committees

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

I, too, rise to speak on clauses 32 to 34. In Leigh and Atherton we have seen at first hand how cuckooing can tear apart the fabric of our community. Vulnerable residents, often facing significant personal challenges, find their homes taken over by criminals. That not only puts them in danger, but creates that ripple effect of fear and instability throughout our neighbourhoods. By making it an offence to exercise control over another person’s dwelling for criminal purposes, these clauses are a critical step towards tackling this heinous crime.

The broad definition of criminal activities linked to cuckooing, such as drug offences, sexual offences and the use of offensive weapons, is particularly important for our community. It means that no matter how these criminals try to exploit vulnerable people, the law will be able to address it. This adaptability is crucial as we work to stay one step ahead of those who seek to harm our residents. One of the most vital aspects of the Bill is the clear protections that it offers. We have seen in our community how criminals can manipulate and coerce individuals into giving up control of their homes. By ensuring that a person cannot consent to the control of their home if they are coerced, under age, or not fully informed, the Bill removes those legal loopholes that criminals could exploit.

The Bill’s provisions for future-proofing are essential. Criminals are always finding new ways to exploit vulnerable people, and it is crucial that our laws can adapt to these changes by allowing for the list of specified offences to be amended, so that the law remains effective in combating cuckooing, no matter how it evolves. More locally in Leigh and Atherton, we have seen the devastating effects of cuckooing on individuals and families. It is also important to acknowledge that the perpetrators of cuckooing are usually involved in other criminal activity as well—it is wide-reaching.

The community response to cuckooing has been strong, with our local organisations and local authorities working together to support victims and prevent further exploitation. The Bill will enhance those efforts by providing clear legal definitions and protections and making it easier to identify and prosecute those responsible for cuckooing. These clauses are about not just creating new offences, but protecting our communities and the most vulnerable among us. By addressing the specific ways that criminals exploit individuals, and providing clear protections and support for victims, we can make a real difference. I urge my fellow Committee members to support these clauses and help us to take a stand against cuckooing and the harm that it causes in our communities.

[Joe Robertson (Isle of Wight East) (Con)]

It is a pleasure to serve on this Committee with you in the Chair, Ms Lewell, and I agree with many of the comments made so far this morning.

Cuckooing, as we have heard, is a practice typically linked to the grim reality of county lines drug supply, where illegal drugs are trafficked from one area to another, often by children or vulnerable individuals coerced into these activities by organised crime, but is by no means exclusively linked to that activity. In 2023-24, estimates showed that around 14,500 children were identified as at risk from or involved in child criminal exploitation, with cuckooing included as an activity within that—and that number is likely to be a significant underestimate, as many exploited children are not known to the authorities.

The Centre for Social Justice has rightly pointed out that the act of taking over someone’s home not only is a serious violation in itself, but brings with it a cascade of harmful consequences: escalating antisocial behaviour, increasing fear in communities and strain on already overburdened services and the ability of police forces to intervene and investigate. The practice disproportionately targets those who are already vulnerable—individuals who may be struggling with addiction, mental health issues or disabilities, who are often isolated and unaware of the full extent of the abuse that they are suffering, and who find it difficult to understand or even recognise what is happening to them in the place where they live.

I have two issues with the way that clause 32 is drafted, and I wonder whether the Minister can help. The offence is set out in clause 32(1), and states that

“person A commits an offence if—”

setting out three limbs to the test for this offence: that

“A exercises control over the dwelling of another person (B),”

and

“B does not consent to A exercising that control for that purpose”,

and that

“A does so for the purpose of enabling the dwelling to be used in connection”—

this is important—

“with the commission (by any person) of one or more relevant offences”.

Those offences are then set out in schedule 5, and they are a reasonably small list. For example, an offence

“under section 33 or 33A of the Sexual Offences Act 1956 (keeping a brothel)”,

or offences relating to flick knives. I will not list them all.

My question to the Minister is this: why is cuckooing restricted to only a certain specified number of offences taking place in the home? Bearing in mind that A is exerting control over that home, which B does not consent to, I wonder why there is not scope here to say that all criminal offences carried out in that home where that coercive control relationship is taking place could amount to cuckooing.

My second question to the Minister is about the drafting in relation to exercising control. Since an offence only takes place if A is exercising control over the dwelling of person B, the Bill helps us with what exercising control means. Clause 33(4) states:

“The circumstances in which A exercises control over B’s dwelling include circumstances where A exercises control…over any of the following”,

and it then lists paragraphs (a) to (d). For example, paragraph (a) states:

“who is able to enter, leave, occupy or otherwise use the dwelling or part of the dwelling”,

while paragraph (b) covers:

“the delivery of things to, or the collection of things from, the dwelling”.

I will not go through all the paragraphs (a) to (d), but it is not clear from the drafting of clause 33(4) whether they provide an exhaustive list of things that amount to control over a dwelling, or whether they are merely an indicative list.

--- Later in debate ---

Nevertheless, as has been pointed out, we have included a power to amend the list of specified offences to future-proof against the exploitative criminals who continually adapt and develop their methods. We have affirmed the current schedule of offences with police to ensure that it encompasses all criminal activity that they currently see in cuckooed properties. The hon. Gentleman also asked for an assurance that the list of examples of control provided by clause 33(4) is just a list of examples. I can reassure him that it is just an indicative list, not an exhaustive list, as made clear by the word “include”.

[Joe Robertson]

I thank the Minister for that clear explanation in response to both my queries. I say again that it would be usual in drafting to say, “include, but are not limited to”, just to make it absolutely clear to legal practitioners that it is not an exhaustive list, so I put that on the record again. I am sure the Minister’s officials are listening, and I would be pleased if she could perhaps go away and think about a small amendment there.

[Dame Diana Johnson]

I am sure that the hon. Gentleman is trying to help the Government to ensure that this legislation is as good as it can be, so we will reflect on what he says.

I want to make some general observations and comments on this grouping. Clauses 32 to 34 and schedule 5 provide for the new offence of controlling another’s home for criminal purposes, commonly known as cuckooing. As I am sure we all agree, cuckooing is a truly abhorrent practice whereby criminals target and take over the homes of vulnerable people for the purposes of illegal activity. It is often associated with antisocial behaviour and the exploitation of children and vulnerable people used by criminal gangs inside properties.

Currently, a range of offences can be used to prosecute criminal activity commonly associated with cuckooing. For example, the inchoate offences under sections 44 to 46 of the Serious Crime Act 2007 may apply where cuckooing amounts to an act of

“encouraging or assisting the commission of an offence”.

Any criminal activity carried out from the cuckooed property would also already be an offence. For example, where a cuckooed property is used to supply illegal drugs, offences under the Misuse of Drugs Act 1971 may apply.

It is the Government’s view, however, that the existing legal framework does not reflect the harm caused to victims when their home—a place where they should feel safe—is taken over by criminals. I know that this view is shared by many parliamentarians from across the House. I pay particular tribute to the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith), who has championed the issue of cuckooing for some years. I also pay tribute to the organisation Justice and Care for all the work that it has done to highlight this particular issue, and recognise our former colleague Holly Lynch, who campaigned on this issue when she was a Member of the House.

Children in particular are often exploited by criminals. By introducing the offence of cuckooing, alongside the new offence of child criminal exploitation, our aim is to improve identification of such children and to strengthen the response for both adult and child victims of exploitation. I want to make clear that we expect the cuckooing offence to be used to pursue the criminals orchestrating the cuckooing, and that the victims of exploitation, including children and vulnerable people, found in properties should be safeguarded—I will say a little more about the role of children in a moment.

Clause 32 outlines that it will be an offence to control a person’s dwelling in connection with specified criminal activity without that person’s consent. The specified criminal activity is set out in schedule 5 to the Bill, reflecting the types of criminal activity that cuckooing is typically used to facilitate, as we were just discussing—for example, drugs offences, sexual offences and offensive weapons offences, among others. The offence will carry a maximum penalty on conviction on indictment of five years’ imprisonment, a fine or both.

Clause 33 provides interpretation of the terms used in clause 32 to clarify what is meant by “dwelling”, “control” and “consent”. Clause 33 also provides examples of how an individual may exercise control over another’s dwelling, including controlling who is able to enter, leave or occupy the dwelling, the delivery of things to the dwelling and the purposes for which the dwelling is used. It should be noted that the person exercising the control does not need to be present in the dwelling, thereby enabling prosecution of gang leaders who are directing the cuckooing from afar.

Clause 33 also sets out that a person cannot consent to control of their dwelling if they are under 18 years old, they do not have the capacity to give consent, they have not been given sufficient information to enable them to make an informed decision, they have not given consent freely or they have withdrawn their consent. The consent of an occupant may not freely be given where it is obtained by coercion, manipulation, deception or other forms of abusive behaviour, taking into account the vulnerability of an individual.

We recognise that criminal gangs may adapt cuckooing to other crime types. Therefore, as I said, clause 34 provides that power for the Home Secretary and for the relevant Ministers in Scotland and Northern Ireland to amend the list of specified offences in schedule 5 to future-proof the offence. Such regulations will be subject to the affirmative procedure, which may help with scrutiny, as mentioned by the hon. Member for Gordon and Buchan.

I will say a few words about the issue of children and cuckooing. Police and stakeholders tell us that children, in particular those exploited by county lines gangs, are used as runners, to deliver drugs to cuckooed properties, and sometimes as sitters, to sell drugs from the properties. It is absolutely right that children who have been exploited and groomed into criminality should be treated first and foremost as victims, as I said a few moments ago. That does not in itself override the age of criminal responsibility, where the law holds children over a certain age to be responsible for their actions. I believe that allowing those two principles to exist alongside each other will provide the best protection and outcomes for vulnerable victims of this terrible crime.

The non-consensual control of someone’s home, the place in which they deserve to feel completely safe and secure, is a cruel and harmful violation. Therefore, where there is evidence that a child has been involved in an offence against, for example, a vulnerable or elderly person, and it is evident that they have chosen to do so and have not been manipulated or coerced, it is right that the police should be able to take action. That does not mean, however, that the police will seek charges against under-18s irrespective of any history of exploitation. I am clear that decisions as to whether to charge someone should be taken on a case-by-case basis. As with all offences, the police have operational discretion, and the Crown Prosecution Service’s public interest test will apply.

We will also issue guidance to support implementation of the cuckooing offence, including on how police should respond and identify exploitation when children are found in connection with cuckooing. As we have previously debated, the Bill provides for the new offence of child criminal exploitation to strengthen the response to perpetrators who groom children into criminality. It is intended to improve identification of, and access to support for, victims.

Amendment 5, which the hon. Member for Frome and East Somerset spoke to, seeks to further define “capacity to consent” as set out in clause 33(5)(b). The amendment would set out that a person lacks capacity to consent to the control of their dwelling for a criminal purpose if they either lack capacity under the Mental Capacity Act 2005 or are in circumstances that

“significantly impair their ability to protect themselves from exploitation.”

I agree it is important that the offence can be used to prosecute perpetrators who have preyed on those who, due to a health condition or wider vulnerabilities, do not have the capacity to provide valid consent. However, I want to clarify that we have intentionally avoided using references to the Mental Capacity Act 2005. We believe that may cause confusion in this context, as that Act is designed to apply in a civil law context and has a central purpose of empowering people whose capacity is called into question, rather than identifying those who lack capacity.

Furthermore, the formulation of the amendment starts from the presumption that a person lacks capacity to consent if they are in circumstances that significantly impair their ability to protect themselves. That may imply that vulnerable people inherently lack capacity, which we think would set an unhelpful precedent. I reassure the Committee that the clause as drafted already allows for a broad interpretation of capacity. Our intention is to provide flexibility for the court to interpret capacity as relating to any impairment that may impact the person’s ability to consent. That could include circumstances where a person is unable to consent to the control of their dwelling for a criminal purpose due to disability, illness and/or the effects of substance misuse. That applies to both permanent and short-term lack of capacity.

Where a person has been subjected to coercion, deception or manipulation and is as a result less able to protect themselves against cuckooing, that is already covered by the definition of consent under clause 33(5), which provides that consent is valid only if freely given and sufficiently informed. As I have already stated, we intend to issue guidance to support the implementation of the offence and will ensure that it covers the issue of consent to assist police in identifying victims and the type of evidence that points towards ability to consent. I hope that, with those reassurances, the hon. Member for Frome and East Somerset will be content not to press the amendment to a vote.

Question put and agreed to.

Clause 32 accordingly ordered to stand part of the Bill.

Schedule 5 agreed to.

Clauses 33 and 34 ordered to stand part of the Bill.

Clause 35

Protections for witnesses, and lifestyle offences

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

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[Jack Rankin]

When it comes to child sexual abuse, I can only wholeheartedly support measures that bring legislation up to date and reflect the increasingly digital world in which we live, so that those individuals who commit the most despicable crimes have nowhere to hide from the law. I rise to support the Government in all the offences included in chapter 1 of part 5.

It is horrifying to read about the increasing proliferation of this most heinous crime. The Internet Watch Foundation, to which the Minister has already paid tribute, conducted a study between March and April last year, which identified nine deepfake videos on just one dark web forum of dedicated child sexual abuse material. None had been found when the analysts investigated the forum in October the year before. IWF analysts say that the deepfakes are especially and increasingly convincing, and that free, open-source AI software appears to be behind many of the deepfake videos.

The methods shared by offenders on the dark web are similar to those used to generate deepfake adult pornography. Even more horrifying is that, as the same analyst said, what they found was the worst quality that fully synthetic video will ever be: advances in AI will soon render videos more life-like, in the same way that still images have become more photorealistic. There is no time to waste.

The new offence in clause 36, which the Committee unanimously agreed should stand part of the Bill, will make it illegal to adapt, possess, supply or offer to supply a CSA image generator. It is clearly necessary. I also welcome clause 39, which applies the law to British nationals who are not in the country, especially given the digital nature of this specific type of crime and the fact that criminals are working internationally.

In February, at least 25 arrests were made during a worldwide operation led by Europol against child abuse images generated by artificial intelligence. The suspects were part of a criminal group whose members engage in distributing fully AI-generated images of minors. The operation was one of the first involving such child sexual abuse material. The lack of national legislation against these crimes made it “exceptionally challenging for investigators”, according to Europol. These measures change that, and I welcome our law enforcement agencies being able to work more closely together on this most despicable crime.

[Joe Robertson]

I also rise to support the clauses. As we have heard, artificial intelligence poses one of the biggest threats to online child safety in a generation. It is too easy for criminals to use AI to generate and distribute sexually explicit content of children.

As the UK’s frontline against child sexual abuse imagery, the IWF was among the first to sound the alarm about AI being used in this way. In October 2023, the IWF revealed the presence of more than 20,000 AI-generated images, 3,000 of which depicted criminal child sexual abuse activities. The creation and distribution of AI-generated child sexual abuse is already an offence under UK law, but AI’s capabilities have far outpaced our laws. My concern is that they will continue to do so. We must continue to keep the law in this area under review.

Offenders can now legally download the tools that they need to generate these images and produce as many as they want offline, with the high level of anonymity that can be achieved through open-source technology. Herein lies a problem: software created for innocent purposes can be appropriated and used for the most grim and hideous purposes. It is all very well making the activity illegal—I support the Government in tackling it—but the Government must also take steps, as indeed they are, to limit, curtail and disrupt criminals’ access to the tools used to carry out their crimes. The Government would do so with regard to any other crime, and it so happens that this is a particularly evil crime that uses cutting-edge and developing technology.

I am concerned about detection in this area. The Minister has been asked to confirm—I am sure she will—that social media companies carrying out lawful activity will not be captured by this law. I do not think it is controversial to say that, in other areas, social media companies have not lived up to their responsibilities to detect crime, support law enforcement agencies in detecting crime and detect criminals who are using their platforms to enhance and enable their own criminal activities.

I hope and am sure that the Government are bringing pressure to bear on social media companies to help with detection of these crimes. It is all very well for social media companies, which are probably exclusively very large, international or multinational companies, to say that they are not the perpetrators of crime, but they do provide platforms and they have huge capabilities to enable detection. I would expect them to step up and put all the resources that they have into detecting or helping law enforcement to detect these vile and horrible crimes.

[Jess Phillips]

I completely agree with the hon. Member for Isle of Wight East that there is a real responsibility on our tech giants. The hon. Member for Windsor talked about the Internet Watch Foundation; the basis of its model is a partnership with social media firms whereby they provide it with huge amounts of the data, so they are not without efforts in the space of child abuse detection—they have been partners in it for many years. However, I think that it is uncontroversial to say that more needs to be done. We as policymakers and lawmakers have to keep a constant eye on how things change.

The shadow Minister, the hon. Member for Gordon and Buchan, asked a series of questions. She asked, “What if someone uses electronic services without the knowledge of the service provider?” An individual must have the intention of facilitating child sexual exploitation and abuse to be convicted under this offence. Where an internet service is used without the knowledge or intention of a service provider to carry out child sexual exploitation and abuse, the service provider will not be criminally responsible.

The shadow Minister also asked about the interplay with the Online Safety Act. These criminal offences are designed to ensure that we can better counter the threat of AI-generated CSAM offences. Offences that criminalise the individual user are not in scope of the Online Safety Act. However, the interplay would be in relation to the content created where these measures are in scope. Companies and platforms would then fall under the OSA. I hope that that answers the hon. Lady’s questions.

Question put and agreed to.

Clause 38 accordingly ordered to stand part of the Bill.

Schedule 6 agreed to.

Clauses 39 and 40 ordered to stand part of the Bill.

Clause 41

Notification requirements for offence under section 38

Amendment made: 13, in clause 41, page 46, line 7, at end insert—

“(6) In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply), in paragraph 36D (inserted by section 17), after the entry for section 17 insert—

“section 38 (online facilitation of child sexual exploitation and abuse)”.”—(Jess Phillips.)

This amendment excepts the offence of online facilitation of child sexual exploitation and abuse from the defence in section 45 of the Modern Slavery Act 2015.

Clause 41, as amended, ordered to stand part of the Bill.

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