Crime and Policing Bill (Tenth sitting)

Luke Taylor Excerpts

Committee stage
Thursday 24th April 2025 Public Bill Committees

[Luke Taylor (Sutton and Cheam) (LD)]

Stalking is a form of psychological violence that will affect approximately one in five women. It is an insidious crime that can shatter lives. I have heard from victims of stalking who feel trapped and afraid to leave their homes, are constantly looking over their shoulder on the way to work, and have cut ties with loved ones out of fear that they are putting them in danger. Survivors are left with lingering anxiety, trauma and pain years after the harassment ends. In the most extreme cases, stalking can escalate to acts of physical violence. It is a crime that thrives on control, leaving victims in a constant state of fear. I welcome the Government’s strengthening measures to combat the crime.

I made a visit to the S-TAC—the stalking threat assessment centre—in Stratford police station a couple of weeks ago to see the work of the dedicated team there, which brings together the Met police, mental health services, the Probation Service, the Suzy Lamplugh Trust and the CPS, all funded by the Mayor’s Office for Policing and Crime. The work they are doing to help victims and fight perpetrators is incredibly impressive.

I echo the written submission from Claire Waxman, the London Victims’ Commissioner, who made specific points on these clauses that it is worth exploring. The Liberal Democrats welcome the steps to allow SPOs to be made on conviction or acquittal, but we echo the concern that the police need clear instructions to pursue SPOs at an earlier stage, and not only at the conclusion of court proceedings. When I was at S-TAC, there was a general feeling that police and authorities were unaware of the measures, so more needs to be done to ensure that police are much more aware of the steps that are available and that they apply for the measures earlier.

At S-TAC, I also heard that it can take up to six weeks to obtain the evidence and get a hearing for an SPO to be implemented. That is just too long. Is there an opportunity to introduce an SPN—a stalking protection notice—that could be implemented straightaway? A domestic abuse protection notice can be implemented immediately, and then within three days, where there is a domestic abuse incident or where the offender is known to the victim, an order can be obtained. There is a gap in situations in which no domestic abuse is present, and about three in 10 victims are not known to the perpetrator. Can the Minister confirm how initial delays in obtaining SPOs will be resolved so that they can be brought into force sooner? Is there an opportunity to streamline SPOs and include a notice in the earlier stages of obtaining the order?

I am sure that the Minister has heard me say this before, but I want to mention the possibility of creating a single stand-alone stalking offence. This reflects and echoes the written evidence from Claire Waxman. The police’s understanding of stalking legislation and the offence in general is not good enough. At the same time, the section 4A offence becomes too high a bar to prove; the phrase “alarm or distress” is unhelpful, especially given that victims are often not aware of the offending at the time. I push the Minister to bring forward the measures that Claire Waxman has called for and create a single offence of stalking.

[Jess Phillips]

I will start at the end and work backwards through the questions. It was a delight to hear everybody mention the Suzy Lamplugh Trust, which is an amazing organisation that I have had the pleasure to work with for many years. Since becoming a Minister, I have had the especial pleasure of working very closely with the trust on how we come out of the super-complaint with the recommendations and improve the situation all round. I would say exactly the same thing about Claire Waxman, who is both my friend and my colleague.

On the issue of the legislation, part of the super-complaint was about the need to look at the different specific offences. I do not disagree that the bar can be too high or that there can be confusion about the two different offences. The legislation is currently under review, as Claire Waxman and others in the coalition recommended.

The super-complaint showed that when used properly, SPOs are considered an extremely valuable tool in protecting victims of stalking, but it also identified that not enough are being put in place, as other hon. Members have identified, and that there is not effective monitoring of the ones that are.

There is clearly much more to the issue than this legislation. I sat for years considering well-written legislation; I do not have many good things to say about the past 14 years, but the words that got written on goatskin were considerably better than the words that had existed before. But they are pointless if they do not change things on the ground.

It is quite hard for me to sit here and have people talk to me about how traumatic it is to be a victim of stalking—about the things that happen that change people’s lives forever—because my life has changed immeasurably because of the stalking that I currently experience, and that happens to me all the time. When I have tried to get SPOs for other people, one of the main problems I have perceived is delay in the courts, which others have identified. The hon. Member for Sutton and Cheam is in the lucky position of representing one of the rare places in the country where people can get a DAPN or a domestic abuse protection order.

[Luke Taylor]

It is lucky that we have them, but depressing that we have a higher rate of domestic abuse, so it was felt that they were required. We are very pleased to be part of the trial, but we need to be doing more in Sutton and south-west London to address these issues.

[Jess Phillips]

Absolutely. The Metropolitan police’s decision to use those three particular boroughs for the domestic abuse protection orders was undoubtedly based on intelligence, and also on what we can best learn. We have seen with the domestic abuse protection orders that someone can get in and out of a courtroom within 24 hours. That has absolutely not been the case with SPOs classically, nor am I going to stand here and pretend that I can make that happen with all orders. What I am saying is that there is a standard, and safety and risk have to be considered.

Looking across the board following the super-complaint, these clauses are a step in the right direction. This is about changing how things happen on the ground and giving people the confidence to access the orders. If someone tries to get an order and cannot, they start to think, “What’s the point?”

On the shadow Minister’s point about breaches, any order—and I know because I have them—is only as good as what happens when it is breached. If nothing happens when somebody breaches an order, the victim does not bother reporting them any more, and they certainly do not bother trying to get another order, on acquittal or not.

[Luke Taylor]

Just to bolster the Minister’s argument, the 2024 London stalking review found that 45% of stalking victims felt compelled to abandon their pursuit of justice.

[Jess Phillips]

Exactly. We rely on our courts to ensure that these decisions are proportionate. In order to get proportionate decisions on breaches, we need to ensure that our criminal justice system is better trained across the board.

From the Home Office’s perspective, I point to the fact that this Government have finally invested in a specific policing unit on violence against women and girls, public protection and safeguarding for the entire country. That has not existed before. I always say, “I want what counter-terrorism has got”. Well, counter-terrorism has it, and the number of victims of violence against women and girls dwarfs by a country mile the number of people affected by terrorism in our country, but there is not standardised training for police to ensure that, where the legislation might be complicated, they can move things forward—even if the legislation were not changed, which we are seeking to do—or training about how quickly police should be applying for things. These are all things that will take time and training, and we cannot just rely on legislation to answer all the questions.

The requirements attached to an SPO must be proportionate, so it is right that a court takes into account the impact on the respondent’s religious beliefs, education and employment, for example. The court is only required to avoid conflicts so far as it is practicable. Again, the courts are well versed in making such balancing judgments. As somebody who has had orders made where the judgment has had to be balanced—for example, where there has been a question whether the respondent has a right to contact me because I am their Member of Parliament—I relied on the court to decide what was practicable in those circumstances. The shadow Minister asked for an example, but it would be dangerous for me as a Minister to give examples that could then be used in a court. Courts deal with balancing the rights of the respondent and the victim. I will not pretend that I think they always get it right, but it is for them to decide how to balance those particular considerations.

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[Dr Sullivan]

I absolutely agree. We must also work with the voluntary sector, including Stamp Out Spiking, and in education and youth services we must shout from the rooftops that this behaviour is not acceptable and is seriously damaging.

Let us be honest: in December 2022 the Conservative Government said that there was

“no gap in the existing law”

and refused to act. It was only after public pressure, and the publication of a damning report under the Police, Crime, Sentencing and Courts Act 2022, that they changed course. It has now fallen to this Government to finish the job, and I am proud that we are doing so. The new offence will be triable either way, with a maximum penalty of 10 years in prison, which applies in England, Wales and Northern Ireland. For the first time, it sends a clear message: if an individual spikes someone and violates their autonomy, safety and night out, the law will hold them to account.

The Bill represents a broader cultural shift—one we have already seen in its response to stalking, intimate image abuse and violence against women and girls. With clause 73 we are putting our foot down and saying, “No more blurred lines, no more excuses and no more evasion. Spiking is illegal, full stop.”

[Luke Taylor]

I was not going to speak, but reflecting on the Conservative amendments, particularly amendment 44, took me back to our evidence session. There was a particularly helpful contribution from Colin Mackie of Spike Aware UK, who talked about his campaign on spiking having picked up on revenge and pranking. He was asked a particularly good question by the hon. Member for Isle of Wight East about the words used in the Bill, particularly “annoy”. The ideas of pranking and revenge came out of his evidence, so will the Minister consider accepting amendment 44?

I also want to pick up the wider point about the need to work with all those involved, such as by working with not only nightclubs but bouncers, so that their qualifications require them to reflect on whether someone is out of control and drunk or has actually been spiked. We also need training at A&Es so that evidence can be taken and preserved if spiking is found to be the cause, rather than somebody just having had too much to drink. The clause is a good measure—it reflects the campaigning from Colin Mackie and groups like Spike Aware UK—but we should reflect on the wording and whether it is sensible to include amendment 44.

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

It is a pleasure to serve under your chairmanship, Sir Roger. I rise to speak to Opposition amendments 44 and 45 and to address directly what I consider to be a major loophole in this proposed law, which has really good intent behind it. There are two elements to the spiking loophole. I can envisage a defendant getting away with administering a harmful substance by saying that he or she did not intend to injure, aggrieve or annoy. Furthermore, they may claim that it was intended merely as a prank, but the act was so obviously reckless and stupid that they should nevertheless be captured by the provision.

As the hon. Member for Sutton and Cheam just mentioned, we heard really good evidence on this issue. I pose the rhetorical question: what is the point of evidence sessions if we do not take on powerful and direct testimony from somebody whose family were affected in the most tragic way? “Pranking” was the word used in that session, and we heard that it is on the rise. Spiking can be done with the worst intent—to cause serious harm—but clearly any law should cover someone who intends a prank with a harmful substance.

The idea behind broadening the offence beyond merely intent—we are no longer necessarily talking about pranking, but about the intent to injure, aggrieve or annoy—to recklessness has plenty of foundation and precedent in law. In fact, we have just debated that point with clause 57, relating to exposure. Under the new law relating to exposure, someone commits an offence if they expose their genitals for the purpose of obtaining sexual gratification. There are two reasons why clause 57 will capture someone under criminal law: if the person intends to be seen, or if they are reckless as to whether anyone sees them. When it comes to spiking, the idea should be the same: that a person who administers a harmful substance does so either with intent to injure, aggrieve, annoy or prank, or is reckless as to that being the effect of administering the substance.

Let us be clear: under clause 73, administering a harmful substance on its own is not a criminal offence. It requires something in the mind of a person—currently, only intent. I urge the Government to include reckless behaviour in respect of which, to a reasonable person, it should be obvious that injury, grievance or annoyance would result, even if that was not the intention.

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[Matt Vickers]

Clause 74 creates a new criminal offence targeting individuals who intentionally carry out acts capable of encouraging or assisting another person to seriously self-harm. Crucially, the offence goes beyond previous legislation, such as section 184 of the Online Safety Act 2023, by covering not just verbal or digital communications, but any form of direct or indirect action. That includes, for example, physically providing someone with an object like a blade to use for self-harm.

The new offence is based on a recommendation from the Law Commission, which proposed criminalising the intentional encouragement or assistance of serious self-harm. The proposal was modelled on the existing offence of encouraging or assisting suicide, as set out in the Suicide Act 1961. The Law Commission highlighted the need for any such offence to be carefully and narrowly defined to ensure that vulnerable individuals, particularly those who share self-harm content online, are not unintentionally criminalised.

Subsection (1) sets out the core of the offence. A person commits it if they carry out

“an act capable of encouraging or assisting the serious self-harm of another person”

and they did so with the intent that such harm would be caused. Subsection (2) clarifies that the offender does not need to know who the victim is. The offence still applies if the act is aimed at an unknown or unidentified individual, such as in the case of anonymous online posts targeting vulnerable people. Subsection (3) states that an offence is committed whether or not serious self-harm actually takes place. The focus is on the intent and the potential for harm, not the outcome.

Self-harm is a deeply concerning issue that affects people of all ages, but especially young people and those struggling with mental health challenges. It involves deliberately causing pain or injury to oneself as a way of coping with overwhelming emotional distress, anxiety, trauma or feelings of numbness and hopelessness. The physical risks of self-harm can be severe, ranging from permanent scarring and infections to life-threatening injuries and even accidental death. The psychological toll is often even more damaging. Those who self-harm frequently experience shame, isolation and a deepening of the very mental health struggles that led them to harm themselves in the first place.

It is not just the individuals who suffer. Families, friends, schools and communities are all affected. Loved ones often feel helpless or guilty, and support systems can become strained. In many cases, self-harm can escalate to suicidal ideation or attempts, making early intervention critical. The rise of online content that normalises or encourages self-harm has made the issue even more urgent. Vulnerable individuals can be influenced or manipulated into dangerous behaviours by others, sometimes even strangers, through social media or online forums. The law must recognise and respond to this modern reality to better protect those at risk. Tackling self-harm requires not just healthcare support and early intervention, but strong legal tools to prevent others from encouraging or facilitating this deeply harmful behaviour. Clause 74 takes an important step in that direction.

Clause 75 strengthens the framework around the offence of encouraging or assisting serious self-harm by closing potential loopholes in enforcement. It ensures that individuals who arrange for others to carry out a harmful act are equally accountable if those acts are carried out, even if indirectly. The provision also captures cases where the intended harm could not physically occur, such as when a person mistakenly believes a harmless item will cause harm, or when the planned outcome does not materialise as expected. That underlines that liability can arise from intention and belief, not just outcome.

Furthermore, the clause draws a clear boundary for internet service providers, confirming that they will not be held criminally responsible solely for providing the platform through which harmful content is transmitted. The provision aligns with broader legislative changes by removing overlapping measures in existing law, ensuring clarity and consistency in how such offences are addressed. I would be grateful if the Minister would outline what further steps might be under consideration to ensure that platforms and tech companies have a legal duty to report and remove harmful content, and that this provision is implemented alongside adequate mental health support.

[Luke Taylor]

I will speak briefly about the concern raised by a self-harm charity that has been in contact with us that it may fall within the scope of encouragement of self-harm, because when sufferers and victims—individuals who are engaging in self-harm—try to access support to reduce their dependence on the habit, they are often advised to moderate and change the behaviour. Does the Minister have any thoughts on the details of how charities involved in this incredibly important work to help people in extremely difficult situations would not, through treatment and other measures to mitigate and moderate particular practices, fall within scope of what is an incredibly well intentioned and important measure to stop the encouragement of them?

[Alex Davies-Jones]

I am grateful to the Liberal Democrat spokesperson for that question. The intention of this offence is not to capture that; it is for those who have a specific intent to cause or assist self-harm. We recognise, obviously, that there are organisations that do that work. They are not intended to be captured under this offence, and we are ensuring that guidance is available.

I want to respond to the comments of the shadow Minister, the hon. Member for Stockton West, regarding online safety. He will be aware that Ofcom is in the process of implementing the guidance and codes of practice that will be operational under the Online Safety Act 2023 to ensure that platforms have to act to protect children, specifically, by removing this content where it is at risk of being seen by children. If platforms do not comply with the Act and with Ofcom’s codes of practice and guidance, they could be fined. Those fines are currently being dished out by Ofcom in relation to some of the harmful and illegal practices by social media platforms.

Of course, this issue is also being looked at, in terms of violence being carried out against women and girls, and children, under our broader strategy across Government. The Safeguarding Minister, my hon. Friend the Member for Birmingham Yardley, and I have met the tech Minister in the Department for Science, Innovation and Technology and Ministers in the Department of Health and Social Care to look at all these issues to ensure that we have the most holistic approach to tackling some of the horrific acts and harms that are proliferating and causing damage to women and girls, and children, so that we protect them all.

Question put and agreed to.

Clause 74 accordingly ordered to stand part of the Bill.

Clause 75

Encouraging or assisting serious self-harm: supplementary

Amendment made: 17, in clause 75, page 90, line 20, 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 52 (inserted by section 52), insert—

‘section 74 (encouraging or assisting serious self-harm).’.”—(Alex Davies-Jones.)

This amendment excepts the offence of encouraging or assisting serious self-harm from the defence in section 45 of the Modern Slavery Act 2015.

Clause 75, as amended, ordered to stand part of the Bill.

Clause 76

Child abduction

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