Crime and Policing Bill (Seventh sitting)

Matt Bishop Excerpts

Committee stage
Tuesday 8th April 2025 Public Bill Committees

Clause 34 introduces a mechanism for the dynamic evolution of legal definitions, aiming to keep pace with changing criminal behaviours and societal norms. However, it is imperative to balance this flexibility with robust safeguards to prevent misuse and ensure that changes are made transparently and with the appropriate oversight.

[Matt Bishop (Forest of Dean) (Lab)]

It is a pleasure to serve under your chairmanship, Ms Lewell. As we have heard today, and for those who have encountered it in their constituencies, cuckooing is one of the most horrific crimes that can be inflicted upon victims. During my time as a police officer, I dealt with several cases of cuckooing, but I often found that those responsible were not held to account as effectively as they should have been. Not only did I deal with that in my time as an officer; since my election to this place, I have had reports to my office of such cases still ongoing.

A person’s home should be a place where they feel safe and secure. When that home is taken over and used for criminal activity, it causes significant harm not only to the resident but, in many cases, to their wider family. At its core, cuckooing is the sinister practice of criminals taking control of someone’s home to use it as a base for illicit activities, such as drug dealing, storing weapons or trafficking illegal goods. The victims of this crime are often left powerless in the face of ruthless exploitation. They are often vulnerable and too scared to speak out.

Perpetrators of cuckooing prey on vulnerable individuals through intimidation, coercion and, sometimes, outright violence to seize control of the victim’s home. They exploit personal struggles such as poverty, mental health issues, addiction and more, which make their victims particularly susceptible to manipulation. Once the criminals have taken control, the victim’s once-safe home is turned into a place of fear and abuse.

Before the Bill, cuckooing was not classified as a specific crime in England and Wales. That created a major gap in the law that I found extremely frustrating when serving as an officer. Perpetrators knew that they could, in effect, get away with this act, even if they were also committing other offences. Those responsible were typically prosecuted for offences such as drug trafficking or unlawful possession of firearms. However, the long-lasting harm and trauma that they inflicted on their victims often went unrecognised by the justice system.

Cuckooing is a distinct crime. I am pleased that it is finally receiving its own legal recognition and that victims are finally being given the justice that they deserve. I therefore welcome the inclusion of this offence in the Bill. The new legislation is a significant step forward, providing a clear legal framework that targets those who exploit vulnerable individuals by taking control of their homes. By making cuckooing a specific offence, the law will empower the police to take more decisive action against those who engage in this abhorrent practice. That shows that, once again, this Government are putting victims at the heart of all we are doing.

[Jack Rankin (Windsor) (Con)]

It is a pleasure to serve under your chairmanship, Ms Lewell. In the previous sitting I touched on the scourge of county lines gangs and the wider pernicious rise of serious, organised criminal gangs in the context of exploiting children. This morning as we focus on clause 32 on cuckooing, it is clear that other vulnerable members of our communities require further protection from these criminals. I am pleased to support the clause, which makes controlling another person’s home for criminal purposes a specific offence.

We are seeing cases not only of children, but increasingly of those with mental health or addiction issues, being used by organised criminal groups, usually using high levels of violence and intimidation, to protect their county lines and to control them. One form of control exploits vulnerable people by using their home as a base for dealing drugs—the process known as cuckooing. Drug dealers can even sometimes entice a vulnerable person into allowing their home to be used for drug dealing by giving them free drugs or offering to pay for food or utilities.

As we have said, these criminals are organised and can therefore be very selective about who they target as cuckoo victims—often, those who are lonely, isolated or drug users. They might operate from a property only for a short amount of time, frequently moving addresses in order to reduce the chances of being caught. Regardless of how long they are there, measures that add a deterrent to this practice are to be welcomed as a further step towards smashing the county lines gangs. I question whether amendment 5 is necessary since the Bill refers to a person’s capacity to give consent as well as making informed decisions. I welcome the Minister’s comments on that amendment.

On clause 33, I question whether restricting the Bill as written to dwelling structures used by a person as their home or living accommodation may give rise to some future loopholes. A garage or outhouse arguably may be used by the person for their business or for storage. Can the Minister give assurances that the clause accounts for the sometimes fine line, especially in cases of garages and outbuildings that may be used for non-domestic purposes but are still used for cuckooing?