Crime and Policing Bill

Lindsay Hoyle Excerpts

Report stage
Tuesday 17th June 2025 Commons Chamber

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

I beg to move, That the clause be read a Second time.

[Mr Speaker]

With this it will be convenient to discuss the following:

Government new clause 53—Arranging or facilitating begging for gain.

Government new clause 54—Proving an offence under section 38.

Government new clause 55—Special measures for witnesses.

Government new clause 56—Causing internal concealment of item for criminal purpose.

Government new clause 57—Secretary of State guidance.

Government new clause 58—Department of Justice guidance.

Government new clause 59—Removal of limitation period in child sexual abuse cases.

Government new clause 60—Threatening, abusive or insulting behaviour towards emergency workers.

Government new clause 61—Threatening or abusive behaviour likely to harass, alarm or distress emergency workers.

Government new clause 62—Interpretation of sections (Threatening, abusive or insulting behaviour towards emergency workers) and (Threatening or abusive behaviour likely to harass, alarm or distress emergency workers).

Government new clause 63—Extraction of online information following seizure of electronic devices.

Government new clause 64—Section (Extraction of online information following seizure of electronic devices): supplementary.

Government new clause 65—Section (Extraction of online information following seizure of electronic devices): interpretation.

Government new clause 66—Section (Extraction of online information following seizure of electronic devices): confidential information.

Government new clause 67—Section (Extraction of online information following seizure of electronic devices): code of practice.

Government new clause 68—Extraction of online information: ports and border security.

Government new clause 69—Extraction of online information following agreement etc.

Government new clause 70—Lawful interception of communications.

Government new clause 71—Law enforcement employers may not employ etc barred persons.

Government new clause 72—Meaning of “law enforcement employer”.

Government new clause 73—Application of section (Law enforcement employers may not employ etc barred person) to Secretary of State.

Government new clause 74—Application of section (Law enforcement employers may not employ etc barred person) to specified law enforcement employer.

Government new clause 75—Duty of law enforcement employers to check advisory lists.

Government new clause 76—Application of section (Duty of law enforcement employers to check advisory lists) to specified law enforcement employer.

Government new clause 77—Interpretation of sections (Law enforcement employers may not employ etc barred persons) to (Application of section (Duty of law enforcement employers to check advisory lists) to specified law enforcement employer).

Government new clause 78—Special police forces: barred persons lists and advisory lists.

Government new clause 79—Consequential amendments.

Government new clause 80—Power to give directions to critical police undertakings.

Government new clause 81—Ports and border security: retention and copying of articles.

Government new clause 82—Extradition: cases where a person has been convicted.

Government new schedule 1—Amendments to Chapter 3 of Part 2 of the Police, Crime, Sentencing and Courts Act 2022.

Government new schedule 2—Confiscation orders: Scotland.

Government new schedule 3—Special police forces: barred persons lists and advisory lists.

Amendment 157, in clause 1, page 1, line 6, leave out “The Anti-social” and insert—

“Subject to a review of existing anti-social behaviour powers under the Anti-social Behaviour Act 2014 being conducted and completed by the Secretary of State within six months of this Act receiving Royal Assent, the Anti-social”.

Amendment 167, page 1, line 13, leave out “18” and insert “16”.

This amendment would lower the age to 16 at which a court can impose a respect order on a person to prevent them from engaging in anti-social behaviour.

Amendment 168, page 2, line 29, at end insert—

“(9A) If a court makes a respect order against a person (P) more than once, then P is liable to a fine not exceeding level 3 on the standard scale.”

This amendment means that if a person gets more than one Respect Order, they are liable for a fine.

Amendment 169, page 2, line 30, leave out from “behaviour” to end of line 31 and insert

“has the same meaning as under section 2 of this Act.”

This amendment would give “anti-social behaviour” in clause 1 the same definition as in section 2 of the Anti-social Behaviour, Crime and Policing Act 2014.

Amendment 170, page 4, line 18, at end insert—

“D1 Power to move person down list for social housing

(1) A respect order may have the effect of moving any application the respondent may have for social housing to the end of the waiting list.”

This amendment would mean that a person who receives a respect order would move to the bottom of the waiting list for social housing, if applicable.

Amendment 171, page 8, line 2, at end insert—

“(4A) A person who commits further offences under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates' court or a fine (or both);

(b) on conviction on indictment, to imprisonment for a period not exceeding 5 years or a fine (or both).””

This amendment sets out the penalties for repeated breaches of a respect order with a prison sentence of up to 5 years.

Amendment 158, in clause 2, page 9, line 35, at end insert—

“(4) Prior to issuing any guidance under this section, the Secretary of State must conduct a full consultation exercise.”

Amendment 2, in clause 8, page 17, line 23, insert—

“(3) To facilitate the ability of the Police, under the provisions of section 59 of the Police Reform Act 2002, as amended by subsection (1), to seize e-scooters or e-bikes that have been used in a manner which has caused alarm, distress or annoyance, the Secretary of State must, within six months of the passing of this Act, issue a consultation on a registration scheme for the sale of electric bikes and electric scooters.

(4) The consultation must consider the merits of—

(a) requiring sellers to record the details of buyers, and

(b) verifying that buyers have purchased insurance.”

Amendment 172, in clause 9, page 17, line 34, at end insert—

“(c) section 33B (Section 33 offences: clean-up costs).”

Amendment 173, page 17, line 34, at end insert—

“(1A) Guidance issued about the enforcement of section 33 offences must ensure that, where a person is convicted of a relevant offence, they are liable for the costs incurred through loss or damage resulting from the offence.”

This amendment would ensure the Secretary of State’s guidance on fly-tipping makes the person responsible for fly-tipping, rather than the landowner, liable for the costs of cleaning up.

Amendment 174, page 18, line 3, at end insert—

“(4A) The consultation undertaken by the Secretary of State must include an examination of establishing a penalty point fine to those found convicted of an offence under sections 33 or 87 of the Environmental Protection Act 1990.”

This amendment would require the Secretary of State to consult on establishing a system for those who fly tip or leave litter to receive penalty points on their driving licence.

Amendment 175, in clause 25, page 30, line 24, leave out “4” and insert “14”.

This amendment would increase the maximum sentence for possession of a weapon with intent to commit unlawful violence from four to 14 years. The Independent Reviewer of Terrorism Legislation recommended an increase in his review following the Southport attack.

Government amendments 24 to 33.

Amendment 176, in clause 35, page 50, line 38, at end insert—

“(4) If the offender has previous convictions for an offence under section 14 of the Crime and Policing Act 2025 (assault of a retail worker) or for shoplifting under section 1 of the Theft Act 1968, the court must make a community order against the offender. The community order must include a tag, a ban, or a curfew.”

This amendment clause would require the courts to make a community order against repeat offenders of retail crime in order to restrict the offender’s liberty.

Government amendment 34.

Amendment 4, in clause 38, page 51, line 29, leave out “criminal conduct” and insert “conduct for criminal purposes”.

This amendment would expand the remit of the offence created under clause 38 to include exploiting a child into conduct for criminal purposes.

Amendment 7, page 51, line 31, leave out paragraph (b).

This amendment would remove the requirement that for an offence of child criminal exploitation to be committed, the perpetrator did not reasonably believe that the child was aged 18 or over.

Government amendment 35.

Amendment 5, in clause 38, page 51, line 37, leave out “criminal conduct” and insert “conduct for criminal purposes”.

This amendment would expand the remit of the offence created under clause 38 to include exploiting a child into conduct for criminal purposes. It is consequential on Amendment 4.

Amendment 6, page 52, line 2, leave out “or” and insert—

“(b) activity that is undertaken in order to facilitate or enable an offence under the law of England and Wales, or.”

This amendment would expand the remit of the offence created under clause 38 to include exploiting a child into conduct for criminal purposes.

Government amendments 36 to 49.

Amendment 8, in clause 53, page 61, line 5, after “(A)” insert ““aged 18 or over”.

This amendment would ensure children cannot commit an offence of cuckooing.

Government amendments 50 to 66.

Government motion to transfer subsection (4) of clause 59.

Government amendments 68 and 69.

Amendment 177, in clause 64, page 73, line 24, at end insert—

“4A) For the purpose of this section—

“Child” means a person under the age of 18.

“Grooming” means meeting or communicating (in person or online) with a child and or their network (on one or more occasion) with a view to intentionally arrange or facilitate child sexual abuse (in person or online) for an act including themselves or others.”

This amendment would introduce a legal definition of grooming.

Amendment 178, page 74, line 31, at end insert—

“70B Group-based sexual grooming of a child

(1) This section applies where—

(a) a court is considering the seriousness of a specified child sex offences,

(b) the offence is aggravated by group-based grooming, and

(c) the offender was aged 18 or over when the offence was committed.

(2) The court—

(a) must treat the fact that the offence is aggravated by group-based grooming as an aggravated factor, and

(b) must state in court that the offence is so aggravated.

(3) An offence is “aggravated by group-based grooming” if—

(a) the offence was facilitated by, or involved, the offender, who was involved in group-based grooming, or

(b) the offence was facilitated by, or involved, a person other than the offender grooming a person under the age of 18 and the offender knew, or could have reasonably been expected to know that said person was participating, or facilitating group-based grooming, or

(c) the offender intentionally arranges or facilitates something that the offender intends to do, intends another person to do, or believes that another person will do, in order to participate in group-based grooming.

(4) In this section “specified child sex offence” means—

(a) an offence within any of subsections (5) to (7), or

(b) an inchoate offence in relation to any such offence.

(5) An offence is within this subsection if it is—

(a) an offence under section 1 of the Protection of Children Act 1978 (taking etc indecent photograph of child),

(b) an offence under section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of child),

(c) an offence under any of sections 5 to 8 of the Sexual Offences Act 2003 (rape and other offences against children under 13),

(d) an offence under any sections 9 to 12 of that Act (other child 25 sex offences),

(e) an offence under section 14 of that Act (arranging or facilitating commission of child sex offence),

(f) an offence under any of sections 16 to 19 of that Act (abuse of position of trust),

(g) an offence under section 25 or 26 of that Act (familial child sex offences), or

(h) an offence under any of sections 47 to 50 of that Act (sexual exploitation of children).

(6) An offence is within this subsection if it is—

(a) an offence under any of sections 1 to 4 of the Sexual Offences Act 2003 (rape, assault and causing sexual activity without consent),

(b) an offence under any of sections 30 to 41 of that Act (sexual offences relating to persons with mental disorder),

(c) an offence under any of sections 61 to 63 of that Act (preparatory offences), or

(d) an offence under any of sections 66 to 67A of that Act (exposure and voyeurism), and the victim or intended victim was under the age of 18.

(7) An offence is within this subsection if it is an offence under section 71 of the Sexual Offences Act 2003 (sexual activity in a public lavatory) and a person involved in the activity in question was under the age of 18.

(8) For the purposes of this section—

(a) “group-based grooming” is defined as a group of at least three adults whose purpose or intention is to commit a sexual offence against the same victim or group of victims who are under 18, or could reasonably be expected to be under 18.”

This amendment would introduce a specific aggravating factor in sentencing for those who participate in, or facilitate, group-based sexual offending.

Amendment 159, in clause 65, page 74, line 39, leave out subsection (2) and insert—

“(2) An officer may seek independent judicial authorisation to engage in conduct which is for the purpose of obtaining data from the person.

(2A) Authorised conduct may consist of an officer—

(a) scanning the information stored on the device using technology approved by the Secretary of State for the purpose of ascertaining whether information stored on an electronic device includes child sexual abuse images,

(b) requiring the person to permit the scan, and

(c) requiring the person to take such steps as appear necessary to allow the scan to be performed.”

This amendment subjects any searches of electronic devices to prior authorisation by a judge.

Amendment 179, in clause 66, page 75, line 16, leave out subsection (7).

This amendment would keep an individual under the duty to report child abuse despite the belief that someone else may have reported the abuse to the relevant authority.

Amendment 3, page 75, line 31, at end insert—

“(2) the duty under subsection (1) applies to—

(a) any person undertaking work for the Church of England, the Roman Catholic Church, or any other Christian denomination on either a paid or voluntary basis,

(b) any clergy of the Church of England, the Roman Catholic Church, or any other Christian denomination, notwithstanding any canonical law regarding the seal of confession, and

(c) any person undertaking work on either a paid or voluntary basis, or holding a leadership position, within the Buddhist, Hindu, Jewish, Muslim or Sikh faiths, or any other religion, faith or belief system.”

This amendment would ensure that the duty to report suspected child sex abuse covered everyone working for the Church of England and the Roman Catholic Church whether paid or on a voluntary basis, including clergy, as well as all other faith groups. Reports received by clergy through confession would not be exempt from the duty to report.

Amendment 10, page 76, line 28, at end insert—

“(10) A person who fails to fulfil the duty under subsection (1) commits an offence.

(11) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.”

This amendment would implement part of recommendation 13 of the Independent Inquiry into Child Sexual Abuse that a failure to report a suspected child sex offence should be a criminal offence.

Amendment 22, page 77, line 13, at end insert

“or

(c) an activity involving a “position of trust” as defined in sections 21, 22 and 22A of the Sexual Offences Act 2003.”

This amendment would implement part of recommendation 13 of the Independent Inquiry into Child Sex Abuse that any person working in a position of trust as defined by the Sexual Offences Act 2003, should be designated a mandatory reporter.

Amendment 11, in clause 68, page 78, line 19, at end insert—

“(7) The sixth case is where P witnesses a child displaying sexualised, sexually harmful or other behaviour, physical signs of abuse or consequences of sexual abuse, such as pregnancy or a sexually transmitted disease, to an extent that would cause a reasonable person who engages in the same relevant activity as P to suspect that a child sex offence may have been committed.

(8) The seventh case is where P witnesses a person (A) behaving in the presence of a child in a way that would cause a reasonable person who engages in the same relevant activity as P to suspect that A may have committed a child sex offence.

(9) A failure to comply with the duty under subsection (1) is not an offence where the reason to suspect that a child sex offence may have been committed arises from subsection (7) or subsection (8).”

This amendment would implement part of recommendation 13 of the Independent Inquiry into Child Sex Abuse that there should be a duty to report where a person recognises the indicators of child sexual abuse. Failure to report in these instances would not attract a criminal sanction.

Government amendment 70.

Amendment 9, in clause 80, page 84, line 22, at end insert—

“(b) if the name change is by deed poll, 7 days prior to submitting an application for change of name (whichever is earlier), or”.

This amendment would require relevant sex offenders to notify the police of an intention to change a name 7 days before making an application to do so by deed poll.

Amendment 180, page 85, line 26, at end insert—

“(11) If a relevant offender does not comply with the requirements of this section, they shall be liable to a fine not exceeding Level 4 on the standard scale.”

This amendment imposes a fine of up to £2,500 if a registered sex offender does not notify the police when they change their name.

Amendment 181, in clause 81, page 86, line 41, at end insert—

“(10) If a relevant offender does not comply with the requirements of this section, they shall be liable to a fine not exceeding Level 4 on the standard scale.”

This amendment imposes a fine of up to £2,500 if a registered sex offender does not notify the police when they are absent from their sole or main residence.

Amendment 182, in clause 82, page 88, line 25, at end insert—

“(9) If a relevant offender does not comply with the requirements of this section, they shall be liable to a fine at Level 5 of the standard scale.”

This amendment imposes an unlimited fine if a relevant registered sex offender does not notify police if they are entering a premises where children are presented.

Government amendments 71 to 73.

Amendment 19, in clause 94, page 115, line 25, at end insert

“, or

(c) the person does so being reckless as to whether another person will be injured, aggrieved or annoyed.”

This amendment would expand the offence for administering harmful substances, including by spiking, to include those who do so being reckless.

Amendment 20, in clause 95, page 116, line 37, at end insert—

“(6A) In determining a sentence for an offence committed under this section, the Court is to treat encouragement or assistance of self-harm, when preceded by a history of abuse perpetrated against the victim/other person by D, as an aggravating factor.

(6B) The criminal liability for D, when the other person mentioned in subsection 1(a) or 1(b) commits suicide, and where D has subjected that person to physical, psychiatric or psychological harm, is the offence of murder.”

This amendment treats encouragement or assistance of serious self-harm when preceded by a history of abuse as an aggravating factor in sentencing with explicit recognition of murder as the criminal liability for perpetrators who cause serious physical, psychiatric, or psychological harm that directly results in, or significantly contributes to, suicide.

Government amendments 74 to 76.

Amendment 14, in clause 102, page 124, line 16, leave out from subsection (1) to “where” in line 29 and insert—

“(1) A person who possesses a SIM farm without good reason or lawful authority commits an offence. For the meaning of ‘SIM farm’, see section 104.

(2) In subsection (1) the reference to a good reason for possessing a SIM farm includes in particular possessing it for a purpose connected with—

(a) providing broadcasting services,

(b) operating or maintaining a public transport service,

(c) operating or maintaining an electronic communications network (as defined by section 32 of the Communications Act 2003),

(d) tracking freight or monitoring it in any other way, or

(e) providing or supporting an internet access service or the conveyance of signals (as defined by section 32 of the Communications Act 2003).

This subsection does not limit subsection (1).

(3) For the purposes of subsection (1),”.

This amendment would mean that a person would only commit an offence if they possessed a SIM farm without a good reason, such as for broadcasting purposes, or lawful authority.

Amendment 15, in clause 103, page 124, line 37, leave out from subsection (1) to “prove” on page 125, line 2, and insert—

“(1) A person who supplies a SIM farm to another person commits an offence unless subsection (2) applies.

(2) It is not an offence for a person to supply a SIM farm under this section provided the person (‘the supplier’) can”.

This amendment would mean that a person would only commit an offence if they supplied a SIM farm without taking reasonable steps to confirm that the person receiving the SIM farm would have a good reason, including for broadcasting purposes, or lawful authority to possess the SIM farm.

Amendment 16, in clause 104, page 125, line 34, after “interchangeably,” insert “and designed primarily” and line 39, at end insert—

“(1A) For the purposes of subsection (1), a device is not a SIM farm if it uses five or more SIM cards simultaneously or interchangeably for the purposes of provided data only services or internet access services or conveyance services.”

This amendment would amend the meaning of “SIM farm” to cover only devices that are primarily used for calls and text messages and would exclude devices primarily used for data connectivity such as Bonded Cellular Devices used by broadcasters.

Amendment 164, page 128, line 5, leave out clause 108.

Amendment 184, in clause 108, page 128, line 10, leave out lines 10 and 11 and insert—

“(2) No offence is committed under this section where a person wears or otherwise uses the item for—”

This amendment would ensure that Clause 108 does not apply to people wearing the hijab, niqab or wearing a mask for health reasons.

Amendment 185, page 128, line 25, at end insert—

“(6) Within a year of this section coming into force, the Secretary of State must review the equality impact of the provisions of this section, and lay a report of the review before both Houses of Parliament within a month of its publication.”

This amendment would require the Secretary of State to review the equality impact of the provisions of Clause 108.

Amendment 165, page 128, line 26, leave out clause 109.

Amendment 166, page 129, line 28, leave out clause 110.

Government amendments 77 to 86.

Amendment 161, page 131, line 29, leave out clause 114.

This amendment would delete Clause 114 which would place restrictions on the right to protest near places of worship.

Amendment 160, in clause 115, page 133, line 12, at end insert—

“(4) Prior to imposing conditions under either Section 12 or 14, the senior officer of the Police Force in question must confirm that live facial recognition will not be in use, unless a new code of practice for the use of live facial recognition surveillance in public spaces in England and Wales had previously been presented to, and approved by, both Houses of Parliament.”

Amendment 21, in clause 120, page 140, line 37, at end insert—

“(8) The authorised persons listed in Clause 71A may not use the information referenced in subsection (1) for the purposes of biometric searches using facial recognition technology”

Government amendment 87.

Amendment 162, page 148, line 1, leave out clause 126.

Amendment 163, in clause 126, page 148, line 13, at end insert—

“(3) Within a year of this section coming into force, the Secretary of State must review the human rights and equality impact of the provisions of this section, and lay the report of the review before both Houses of Parliament within a month of its publication.”

Government amendments 88 to 91.

Amendment 183, in clause 141, page 168, line 5, leave out subsection (7) and insert—

“(7A) A youth diversion order must specify the period for which it has effect, up to a maximum of 12 months.

(7B) An assessment must be taken of the respondent before the conclusion of a youth diversion order to determine if they continue to hold extremist views or pose a terror threat.

(7C) An assessment must be made by a qualified expert in extremism and counterterrorism.

(7D) Assessments taken by the respondent’s youth offending team must be reviewed by an external expert with no pre-existing relationship to the respondent.

(7E) If the respondent is assessed as holding extremist views or as a terror threat the youth offending team or a chief officer of police must apply to an appropriate court for the youth offending order to be extended up to a maximum of 12 months.

(7F) All provisions, prohibitions and requirements of a youth diversion order remain in effect until the respondent has been assessed as holding no extremist views or posing a terror threat.”

This amendment would give the police the ability to apply for youth diversion orders in cases of youth extremism and terror risks. The diversion orders would conclude automatically after a maximum of twelve months without an assessment as to whether the individual remained a terror risk or extremist.

Government amendments 92 to 101, and 134 to 151.

Amendment 23, in schedule 9, page 229, line 15, at end insert—

“(11) Section 127 of the Magistrates’ Courts Act 1980 (time limit for summary offences) does not apply to an offence under subsection (1).”

This amendment allows the offence of taking or recording intimate photograph or film to be tried by a Magistrates’ Court at any time by disapplying the six-month time limit in s.127 of the Magistrates’ Court Act 1980.

Government amendments 152 to 156 and 102 to 133.

[Dame Diana Johnson]

Before I speak to the key Government amendments tabled on Report, I quickly remind the House why the Government have brought forward this Bill. It is a vital part of our safer streets mission, and contains a host of measures to tackle antisocial behaviour, retail and knife crime, and the epidemic of violence against women and girls, and to restore confidence and trust in policing.

It is worth reminding the House that on the previous Government’s watch, shoplifting soared to record-high levels; there was a 70% increase in their last two years in office alone. Street theft was rapidly rising; it was up by almost 60% in just the last two years. Antisocial behaviour was rampant in our towns and cities, with 1 million incidents last year. In the year to June 2024, the crime survey of England and Wales estimated that 25% of people perceived antisocial behaviour to be a fairly or very big problem in their area. That is the highest level since at least March 2013, over a decade ago. Violence and abuse against shop workers was at epidemic levels. The British Retail Consortium said that incidents of violence and abuse against shop workers stood at more than 2,000 a day in ’23-24—up by almost 50% on the previous year, and nearly treble the pre-pandemic figures from 2019 to 2020.