Police, Crime, Sentencing and Courts Bill

Lord Hogan-Howe Excerpts

2nd reading
Tuesday 14th September 2021 Lords Chamber

[Lord Hogan-Howe (CB)]

My Lords, with some trepidation, I rise to speak in the gap after such a long day. I thank the noble Lord, Lord Marks, for his understanding. I only want to speak briefly to three points.

First, I support a comment made earlier by the noble and learned Lord, Lord Thomas. I support the Government’s attempts in the Bill to withdraw digital evidence from mobile phones for sexual offence victims, but the problem is wider than that. There will have to be a radical reform of the criminal justice process because of the volume of digital evidence, the ability of the police to withdraw and analyse it and, finally, the ability of the disclosure Act to cope with the challenges that it faces. I support further action on that point by the Government.

My second, main point is about the right to protest. I know that people are concerned about this, and sometimes the police are too, but it is reasonable to ask for an incremental response to changing protester tactics. Many of the points raised in both the submissions by the police and the Government’s response are a reasonable response to some of the challenges that the police and the public have faced. The police are often challenged for not taking action if the law does not allow them to, and then of course they are challenged if they take too quick action. We have seen the two extremes in the Oxford Circus protests a couple of years ago and in the recent actions on London Bridge, where completely different actions led to protests and complaints about the police. However, I think it is important to make sure that the police can respond.

We have talked about whether noise is a nuisance factor sufficient to break the standard of whether or not criminal law should get involved. This is not merely about simple nuisance; it is about whether noise becomes an intrusive feature of people’s lives. It can be to do with its volume, its persistence or its content. It can be different if it is your home or your place of business, or if you are the leader of a business that is being protested about. It is important that we consider these important matters.

There is also the point that we have a right to balance the needs of the protester with our right to expect that an ambulance can get through traffic to give us help when we require it. I am afraid there have been times when that has not been the case. Only this week at Heathrow, some people needed to travel for very good reasons but could not. Of course it was right for the protesters to make their point, but are they to be the only arbiters of whether what they do is okay or should the people disrupted by their actions have a right of remedy and the police intervene on their behalf, to be tested eventually in the courts? I argue that in these cases it is important that there is an opportunity to intervene. I agree with the noble Baroness, Lady Fox: there have been times when I have wondered whether the police could have taken more action with the existing laws but, frankly, sometimes case law has developed in ad hoc ways that have left them with dilemmas about particular circumstances that have arisen later.

My final point is about three amendments that will be tabled which have been proposed mainly by the Police Federation, and I happen to agree with them. The first is about the defence available to police drivers when they break the law on our behalf, either to attend an incident or to pursue other cars. If we do not want that to happen then we should say so, but if we do then we have to support them when it gets difficult. I am afraid that officers have been under investigation for long periods of time. That leads to the second amendment, which is about how long that process takes. Often the reason why it takes so long is the sequential nature of the consideration of the investigation of the officer, first by the force, then by the CPS and then by the Independent Office for Police Conduct—and lastly it goes back through that process again. I do not understand why that cannot happen in parallel rather than in sequence. It cannot be right for either the victim or the officer to be under sustained investigation for so long.

I thank noble Lords for their indulgence. Those were the points that I wished to make.