Relevant documents: 11th Report from the Constitution Committee, 33rd Report from the Delegated Powers Committee and 5th Report from the Joint Committee on Human Rights
My Lords, I do not want to disappoint anybody, but I am not my noble friend Lord Hanson of Flint; it would not be a very convincing impersonation, not least because he is sitting next to me. Noble Lords will all have the pleasure of hearing from him later on.
This Bill reflects not only our manifesto commitments but demonstrates the careful stocktake we have made of the important parts of our criminal justice system and our determination to improve the law where needed. It aims to keep citizens safer and more confident in the daily lives of all of us and I am proud of our proposals. They are fair, proportionate and add to the law where needed.
As part of the Bill’s driving force, which is to make people and communities safer, it will build on what we have done already in the past year to rebuild neighbourhood policing. We are restoring public trust in the criminal justice system through the delivery of our safer streets mission and aim to halve—yes, halve—knife crime and violence against women and girls in a decade.
For too long, neighbourhood policing has been neglected and downgraded. That has ended. We are already delivering on our commitments, with 13,000 additional neighbourhood policing personnel by the end of the Parliament, backed by £200 million in new funding this year. Alongside this investment, the Bill brings in new respect orders to tackle persistent offenders who engage in the anti-social behaviour that blights our town centres. There are also enhanced powers to tackle the anti-social use of cars and off-road bikes. The police will now be able to seize these without first having to give a warning.
Everyone should feel safe when they are at work. This Bill delivers stronger action to protect shop workers. Assaulting a shop worker will be a bespoke criminal offence with a presumption that the courts will, on conviction, impose a criminal behaviour order on offenders. We are also repealing the provision that treats low-value shop theft as a minor offence. Shoplifting is not minor, and we are sending a clear message that all shop theft should be taken seriously. I know both these measures will be particularly welcomed by the Justice and Home Affairs Committee.
Part 2 of the Bill brings in Ronan’s law. We are clamping down on dangerous knives and weapons on our streets by introducing a duty on retailers to report bulk sales of knives and offensive weapons, increasing the maximum penalty for offences relating to the sale of knives to children and strengthening the age-verification requirements for the online sale and delivery of bladed products and crossbows. We are also delivering on our manifesto commitment to hold senior managers of online platforms personally liable for failure to take action to remove illegal content relating to knives and offensive weapons.
I turn now to violence against women and children. The prevalence of violence and abuse against women and children defiles our society. We need more effective enforcement action against perpetrators and better protection for victims. To this end, the Bill strengthens stalking protection orders and the management of registered sex offenders, including preventing them changing their names on official identity documents where they pose a risk of sexual harm.
My Lords, it is a pleasure to open this debate on behalf of His Majesty’s Official Opposition. It will come as no surprise to noble Lords on the Government Front Bench that we on these Benches broadly support the Bill, because large parts of it are a copy-and-paste job from the previous Conservative Government’s Criminal Justice Bill. From the provisions on anti-social behaviour to the new offence of cuckooing, the duty to report child sexual abuse and the new protest and public order offences, this Government are continuing the work we were doing to strengthen the criminal justice system. This is, of course, very welcome, but it does not mean that all is plain sailing.
The feeling among the British public is that crime has been increasing, even though overall rates of crime have fallen since 2010. The Crime Survey for England and Wales for the year ending March 2025 shows that there were 9.4 million incidents of headline crime. Although this represents a 7% rise from the previous year, the ONS states that this is due entirely to a 31% increase in fraud.
Undoubtedly, a significant factor in this overall feeling of pessimism is the increase in more visible crimes that impact people’s daily lives. Shoplifting, phone theft, graffiti, vandalism, fare evasion and drug use are highly visible crimes that leave people feeling unsafe in their daily lives. Shoplifting, for example, has risen by 20% in the year from 2024 to 2025.
The National Police Chiefs’ Council has pointed to an estimated £1.2 billion shortfall in police funding. The chair of the NPCC has said that the funding settlement in the spending review will “cover little more” than police pay rises. Chief Constable Paul Sanford has warned that the Government will find it “incredibly difficult” to meet their neighbourhood policing pledge with the funding settlement. The Metropolitan Police has already announced that it will have to cut 1,700 staff, scrap its dedicated anti-social behaviour officers and close down half of the front desks in stations across London.
My Lords, I thank the Minister for her introduction and I am grateful to the many organisations that have provided briefings. In too many areas of crime and policing, we are failing the people who most need protection: children and vulnerable adults exposed to predators, shopkeepers bearing the cost of unchecked theft, farmers shouldering the consequences of criminals stealing expensive farm equipment to order, and traumatised women who hesitate to report assaults, fearing that the justice system will only compound their suffering.
Much of this comes down to resources. Although the Minister often states that Labour is investing an extra £1.2 billion in policing this year, the reality is that little of this will reach front-line services. The National Police Chiefs’ Council notes that a quarter of this sum will be returned to the Treasury through increased employer national insurance, with the rest already committed to fund pay awards and service debt. A decade of underfunding has forced police to borrow just to maintain their dilapidated buildings and antiquated IT. Already, gaps in children’s services, mental health and social care force police into roles they are ill-equipped to fill.
In scrutinising this Bill, we have to ensure that we do not set the police up to fail. Take drug testing: the Bill expands the range of triggers for police to be able to test someone for drugs but makes no provision at all for more drug testing centres or forensic resource. That must change because drugs are deeply intertwined with serious violence and linked to more than half of all homicides. Drug-related deaths have doubled since 2012, and about 70% of thefts and cases of domestic violence are driven by addiction. Yet more than 27,000 suspected drug suppliers remain on bail or under investigation, largely because we lack enough trained forensic specialists. If these delays, and the patchy availability of treatment programmes, are not addressed, the measures in the Bill will become irrelevant.
My Lords, I broadly support the Bill, as there is an awful lot in it to be commended. I would not agree with everything that the Liberal Democrats have said about access to more data, certainly not facial recognition, but I think that there are some steps in the right direction. Of course, the nature of a Second Reading is to highlight the things that you would have preferred to be in the Bill rather than things that are in it.
My first point is about what I feel is a missed opportunity to set out a strategic direction, partly for the criminal justice system and certainly for the police. We have not embedded anything about prevention as a strategic direction in the way that fire brigades have. We have not said much about police professionalism and how that might be developed. Finally, there is the use of technology, and how we set a strategic framework in which that will develop. That is a genuine missed opportunity.
Of the four areas that I want to highlight and which I shall push in Committee for recognition, the first concerns firearms officers. First, I acknowledge that the development around the anonymity of officers is welcome, although I confess that on occasion I have thought that actually they should be named, because accountability is very important. But this development is a good one, and I support it. This group of brave men and women, 3,500 of them, who protect 69 million of us, who are the only ones who can go forward on our behalf and deal with the people they have to deal with, are, I am afraid, not receiving a good deal at the moment.
This week, the officer who shot and killed Jermaine Baker in 2015 was told that he had no case to answer in a misconduct process—after 10 years. He was never at risk of a criminal charge, but 10 years later—that cannot be right. So there is something about timeliness there, but the law also ought to offer more generosity and sympathy to the officer in the first place. We do that for householders who protect themselves and kill someone in their home; they are in a unique group—so why does this unique group not have any similar protection? It is about having a higher bar before prosecution is considered, not immunity. No one is arguing for that—accountability is essential. But something must happen in that area, and as yet it has not.
My Lords, I commend this Government’s mission to achieve safer streets and applaud particularly the aim of halving both knife crime and violence against women and girls in a decade. The Bill touches on a wide range of complex and important issues, and I will raise just a few.
Reporting of child sexual abuse and the decriminalisation of abortion are of particular interest to my colleagues on these Benches. Indeed, noble Lords may have seen the Church’s statement in response to the debate in the other place on the decriminalisation of women seeking abortion.
Fundamental reform to this country’s abortion laws ought to merit its own parliamentary process, we would say, and we on these Benches are keen to continue engaging with government to ensure that care-filled, careful consideration is given to support all those facing such a painful decision.
I declare my interest as chair of the board of trustees at the Children’s Society, and I am proud of its unwavering commitment to protect children from harm—including child sexual abuse—and to enable them to flourish. I am pleased that the Bill includes a stand-alone offence of child criminal exploitation, or CCE. I welcome the Government’s commitment to define CCE for police, but also support calls to bring forward a statutory definition of CCE on the face of the Bill that is directed at all organisations supporting children, to be supported by a robust, comprehensive implementation package with adequate funding and training.
I note that the Bill before us risks criminalising children forced or coerced into criminal activity. I think we need to take care that children are exempted in the work of the Bill from any offence of “cuckooing” or coerced internal concealment, recognising here, as elsewhere, children as victims, not perpetrators. The right reverend Prelate the Bishop of Gloucester is also following this Bill and is unable to be here today. With her, I will make the case for recognising so-called honour-based abuse as an aggregating factor in sentencing; introducing a new offence where victims die of suicide following sustained patterns of coercive control and abuse; introducing statutory defences for victims and survivors of domestic abuse who are accused of offending; and removing the parental rights of individuals convicted of child sexual offences.
My Lords, yet again we are being asked to digest a lengthy criminal justice Bill which covers far too many diverse areas of conduct. Churchill might have said that this Bill has no theme. Before the Bill began its progress through the other place, the Government proclaimed that it contained 35 headline measures. Andy Slaughter, the chairman of the Justice Select Committee, said the Bill introduced 27 new criminal offences. I think he was congratulating the Government.
Had I been discussing the Criminal Justice Bill—that is to say, the Bill that my noble friend Lord Davies referred to, which fell at the last election—I would have said of that what I now say of this Bill. It covers too many subjects. It makes criminal activities that are already criminal. It has 430 pages, 203 clauses and 21 schedules. Just look at it: it is like a telephone book. It is a catalogue, in my view, of Early Day Motions rather than a practical answer to the problems it seeks to identify. It reminds me of the Criminal Justice Act 2009, which included provisions for, among other things, the appointment of senior police officers, prostitution and lap dancing, the supply of alcohol to children, gang-related violence, aviation security, border controls and extradition, and more besides.
I am sure that many of the measures in this Bill are, on their face, worthy, and, assuming they are not already criminal offences, no doubt good measures are taken from the Criminal Justice Bill. But passing laws is not of itself a solution to an actual or perceived problem. Movement is not productivity. Too often, Governments of all political persuasions think that sounding vigorous is a substitute for action.
Between 1815 and 1914, remarkably few laws—about 15 or 20 statutes—were passed that affected the criminal law. Several of them are still in force, in whole or in part. When Tony Blair was Prime Minister, between 1997 and 2007, more than 50 criminal law statutes were enacted. The Criminal Justice Act 2003—another doorstop of a Bill—even repealed earlier sections of earlier Acts of Parliament passed after 1997 that had not even been implemented. I tabled Written Questions in the other place, asking how many criminal law provisions had been implemented, how many had been repealed before implementation, and how many had been brought into force. The answer I used to get was roughly one-third had been implemented, one-third had not been implemented and one-third had been repealed before implementation or soon afterwards. I am not making a politically antagonistic point: I am simply pointing out that the early 21st century legislative equivalent of Dreadnought building is ineffective unless the Government—any Government—do more than pass laws and pat themselves on the back.
My Lords, as the Minister has so clearly set out, there is much to welcome in this Bill to improve the law where needed and to make us safer. I look forward to following it closely. To the noble and learned Lord, Lord Garnier, I say that I also look forward to following the implementation when it is an Act. It will have a profound impact on the lives of many, including the most vulnerable. I particularly support the clauses relating to countering violence against children, women and girls.
Following the report of the Independent Inquiry into Child Sexual Abuse, the IICSA, I welcome the abolition of time limitations in historical cases of child sexual abuse with Clause 82. The importance of this clause was brought home to me by a very courageous survivor, who, following years of sexual abuse by his priest, has lived a life with incapacitating mental illness, of which the origin was that trauma. The last Government refused to act on this specific issue, so I am proud that this Government have conceded the fundamental legal principle. However, as drafted, it has limited benefit to those who have fought for the change and whose sufferings make it necessary to fight. I ask the Minister to discuss this with me further, together with survivors.
The IICSA recommendations should be adopted without change or qualification. However, the clause adds a new “substantial prejudice”, especially for historical cases, which creates uncertainty, delays and an extra hurdle for survivors. As I understand it, the IICSA’s final report did not include any changes regarding the introduction of “substantial prejudice”. Its inclusion in the Bill could be interpreted as reintroducing the status quo. The impact of narrowing the court’s focus to a fair trial, with the burden on defendants, should make out-of-time CSA claims easier overall, but ambiguity remains around what count as “claims arising”.
My Lords, I will focus on disorder in public places and spaces, which is having such a detrimental effect on our lives. In doing so, I will concentrate on Clauses 37 and 38, which create a new stand-alone offence of assault against a retail worker and build on the aggravated offence contained in the Police, Crime, Sentencing and Courts Act 2022. I support the two new measures in the Bill: I want to see violence against someone doing their job dealt with seriously. No one should be subject to random attacks while at work, and I should declare that, as a vice-chair of the All-Party Group on Customer Service, I do not want people who care deeply about giving great customer service to leave their jobs, or to deter anyone from taking up this kind of employment, which is essential and valuable to us in so many ways. I will say more about how in a moment.
First, however, the Institute of Customer Service tracking survey shows that violent abuse against all front-line service workers continues to rise. That means public transport workers, those who work in the hospitality trade, people who work in post offices and banks, delivery drivers and even utility engineers working on the streets. That is why the aggravated offence in the 2022 Act covers anyone, not just retail staff, providing a public-facing service or doing a public-facing job. I ask the Minister to say, when he comes to wind up, why the Bill’s stronger measures cover retail workers only.
All the people who do these public-facing jobs matter, not just because we need the services they provide but because, more often than not, they are the responsible person in charge of public spaces and places, so they need not just protection but our support to uphold our common standards, which are so important to maintaining good order and a civil society. That means that we must show respect for the authority of their roles in public settings, whether their authority in such situations is formal or informal. We need to give the people who do these jobs the recognition they deserve so they discharge their responsibilities well.
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The Bill also creates a new offence of administering a harmful substance, including by spiking, to make it absolutely clear that such behaviour is illegal and encourage victims to report such incidents.
Recognising how dangerous online material is in perpetuating the growing epidemic of violence against women and girls, we will bring forward amendments in your Lordships’ House to criminalise pornography that depicts acts of strangulation and suffocation. I take this opportunity to pay tribute to the noble Baroness, Lady Bertin, for her tireless work culminating in the pornography review which recommended that action be taken in this area.
Child sexual abuse and exploitation are among the most despicable crimes imaginable. It is estimated that half a million children every year experience some form of child sexual abuse. Alongside the new national inquiry recommended by the noble Baroness, Lady Casey, we are pleased to be pressing ahead with the implementation of some of the key recommendations of the Independent Inquiry into Child Sexual Abuse.
As a result, the Bill creates a new duty to report child sexual abuse, backed up by strong criminal sanctions for those who seek to cover up such abuse by preventing or deterring a person from carrying out the duty. It makes grooming a statutory aggravating factor when sentencing and removes the three-year time limit for civil personal injury claims brought by victims and survivors of child sexual abuse.
Part 5 of the Bill also helps to tackle the rising levels of online child sexual abuse. In particular, the Bill provides for new criminal offences to stop—and we mean stop—AI-facilitated child sexual abuse and hold accountable those who commit or enable these vile crimes. I commend the noble Baroness, Lady Kidron, for her earlier advocacy of the new child sexual abuse image-generator offence.
The Bill also provides enhanced protections for children and vulnerable adults against their exploitation for criminal purposes. First, it provides for a new offence of child criminal exploitation, where an adult intentionally uses a child to commit criminal activity. To complement this new offence, the Bill also provides for child criminal exploitation prevention orders to help prevent the criminal exploitation of children occurring. Secondly, the Bill introduces a new offence to tackle the practice of cuckooing, where criminals take over the home of a vulnerable person for the purpose of illegal activity, such as drug dealing. Thirdly, the Bill creates a new offence to combat coerced internal concealment, or plugging, where children or vulnerable adults are coerced into concealing drugs or other items in their body for criminal purposes, typically as part of a county lines operation.
We also recognise how dangerous online material is in perpetuating the growing epidemic of violence against women and girls. We committed in the other place to criminalising pornography that depicts acts of strangulation and suffocation in this Bill, and we will shortly bring forward an amendment to that effect.
I turn now to children who are victims of child sexual abuse. As noble Lords will be aware, 10 years ago the Street Offences Act 1959 was amended so that the offences of persistent loitering or soliciting in a public place for the purposes of prostitution no longer applied to children. Parliament was right to do that because it recognised that children, because they are children, involved in such conduct are not criminals but the victims of sexual exploitation. I am pleased to say that we will bring forward amendments in this House to introduce a new disregards and pardons scheme for anyone convicted or cautioned as a child for these offences.
I now turn to policing. We will address the need to rebuild trust in policing. In some serious and worrying cases, public confidence has been undermined by atrocious criminality and misconduct by a very small minority of officers. Deterrence and punishment of such misconduct is a priority for this Government, as it is for the police. A key strand of the Government’s safer streets mission is to increase public confidence in policing and the wider criminal justice system.
Since 2017, the College of Policing has operated a police barred list—an advisory list which ensure that those officers who are dismissed by a police force in England and Wales are prevented from just joining another force. Such individuals have no place in policing. The Bill extends this approach, ensuring that officers dismissed at disciplinary proceedings from the National Crime Agency and other specialist police forces cannot be re-employed by another force.
It is vital that the system of police accountability commands the confidence of both the public and the police. As a society we rely on the professionalism and bravery of firearms officers who put their own lives at risk to keep us all safe. Thankfully, the occasions where the police have to use lethal force in this country are few and far between. When they do so, it is entirely right that officers are accountable for their actions. But those accountability arrangements must be proportionate, timely and fair to all concerned. Regrettably, this is not currently the case. Measures proposed in the Bill will improve the timeliness and appropriateness of investigations by the Independent Office for Police Conduct and the rights of victims. That said, if firearms officers are charged with offences relating to and committed during their duties, the Bill will protect them from violent reprisals by establishing a presumption of anonymity in criminal proceedings up to the point of sentence.
The public rightly want to see crimes solved and offenders brought to justice. To do this, the police must have the necessary tools to do their job. If someone has their mobile phone stolen and the victim can trace its whereabouts, the Bill ensures that the police have the powers to enter premises quickly and, if necessary, without a warrant, to recover electronically tracked stolen goods.
It is also vital that police powers keep in step with the march of technology in other respects. Evidence of criminality is no longer routinely stored on a computer hard drive; it is instead held remotely in the cloud. The Bill clarifies the circumstances in which law enforcement agencies can access such information, subject to strong safeguards, as they investigate offences ranging from child sexual abuse to fraud and terrorism, thereby protecting the public and our borders.
The Bill also ensures that law enforcement agencies have the necessary powers to combat other forms of technology-enabled crime. We are banning the possession and supply of SIM farms, save where there are legitimate uses such as in broadcasting. We are giving the police and others the power to suspend IP addresses and domain names used to commit fraud or other serious crimes, such as the so-called pimping websites involved in commercial sexual exploitation.
I turn to protests. The right to peaceful protest is fundamental to our vibrant democracy, but in facilitating peaceful protest, the police also have a duty to uphold the rights of others not to be harassed or intimidated and to go about their daily lives without serious disruption. The Bill ensures that the police have the powers they need to protect places of worship from intimidatory protests and protects specified war and other memorials, including the Cenotaph and the statue of Winston Churchill in Parliament Square, that have been the target of protest action. A new targeted offence of concealing identity at designated protests will strengthen police powers to require the removal of face coverings at protests where violence or other criminality either has occurred or is likely to occur.
The precious right to engage in peaceful protest and the equally precious entitlement to freedom of speech do not extend to threatening or abusing others, all the more so where those threatened or abused are emergency workers. The law already recognises that racially or religiously motivated threats and abuse should attract tougher penalties, but these currently do not apply where the behaviour takes place in a person’s private home. When the police, firefighters and ambulance staff attend someone’s home— for example, in response to a 999 call—they have no choice but to remain and to act. The Bill closes the loophole in the law so that anyone who threatens or abuses an emergency worker because of their race or religion within a private dwelling will be liable for the higher maximum penalties such hate crimes would attract where the conduct took place in a public place.
I now turn to counterterrorism. We must also make sure that counterterrorism powers reflect evolving threats, ensuring that operational partners have the tools they need to keep the public safe. Part 14 of the Bill delivers on several recommendations made by the Independent Reviewer of Terrorism Legislation, Jonathan Hall KC. He has identified the need for a new diversion order in response to the increasing number of young people who are the subject of counterterrorism investigations. The youth diversion order provided for in Part 14 will be a new civil order that will enable the police to intervene earlier to prevent young people engaging in terrorism and divert them from the criminal justice system.
Finally, in addition to the three new measures that the Government will seek to add to the Bill to which I have already referred, we will table amendments to apply various further provisions in the Bill to Scotland and/or Northern Ireland. These amendments are being brought forward at the request of the Scottish Government and the relevant Northern Ireland departments.
This Government were elected to deliver change: change that will reverse the decline in neighbourhood policing; change that will tackle the epidemic of violence against women and girls and the epidemic of knife crime. The Bill will help deliver that change by cracking down on anti-social behaviour, making our town centres safer, building trust in the police, clearing our streets of knives, protecting our children from sexual abuse, criminal exploitation and online harms, and safeguarding women and girls from stalkers and sexual predators. These are the purposes behind this Bill. I beg to move.
This strikes at the heart of a wider principle. Is this Crime and Policing Bill, which runs to over 200 clauses and over 20 schedules, actually going to reduce crime on the streets of this country? In some ways, it might, but in many others, unless coupled with serious improvements in enforcement and police action, it may very well not.
To turn to the Bill, the Government have committed three crimes of commission and two crimes of omission. I will start with the crimes of omission. The Government’s 2024 election manifesto promised to introduce new respect orders with the aim to
“stamp out issues such as public drinking and drug use”.
The Government come armed with a noble cause, but all it takes is to scratch just below the surface to see that these respect orders are little more than smoke and mirrors.
The Bill inserts a new part before Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014, creating respect orders. It then converts what are currently anti-social behaviour injunctions into youth injunctions. Rather than giving the police, local authorities and the courts tough new powers to tackle anti-social behaviour, as the Government claim, they are instead simply renaming the currently existing injunctions and creating new orders that are the same in all but the name.
The anti-social behaviour injunctions were introduced as part of my noble friend Lady May of Maidenhead’s efforts to streamline the powers available to authorities to deal with criminal and challenging behaviour. As she noted at that Bill’s Second Reading, under the previous Labour Government, over nine anti-social behaviour laws were passed, creating 19 separate powers. The Anti-social Behaviour, Crime and Policing Act 2014 consolidated those into six powers. That had a purpose. I cannot see what this Government’s new respect orders will add to this arsenal.
Secondly, on the repeal of Section 22A of the Magistrates’ Courts Act 1980, this provision states that shoplifting of goods with a value of less than £200 is to be tried only summarily in a magistrates’ court. There has been much misinformation about this provision, which was brought forward by the last Conservative Government. The Labour manifesto called this an “effective immunity” for some shoplifting—a line that has been parroted by Labour Ministers ever since. However, the Government’s policy paper on the Bill, published on GOV.UK, calls it “perceived immunity”, and I think that sums up the bizarre nature of the criticism.
I want to be absolutely clear: anyone claiming that trying low-value shoplifting in a magistrates’ court is granting criminals immunity is wrong and misleading the public. There is absolutely no reason why theft under £200 cannot be tried summarily. I need not remind the House, full of eminent lawyers as it is, that a person can still be sentenced to up to six months’ imprisonment and issued with a fine if found guilty in a summary trial. Six months’ imprisonment is clearly not immunity.
What this does is clear the already clogged-up Crown Court and let the police prosecute more serious cases. That does not mean that thefts under £200 from shops do not impact on shopkeepers, or that they should not be investigated, but there is nothing wrong with having a bit more summary justice in this country. It permits cases to be tried and discharged more quickly and efficiently, rather risking long and drawn-out Crown Court cases that last for months if not years. If the police are not investigating such offences, that is an issue with the operation of policing, not the law.
Clauses 107 and 108 were inserted into the Bill on Report in the other place and, as such, have not had as much scrutiny, perhaps, as they ought to. The 11th report of the Constitution Committee of your Lordships’ House has drawn attention to these clauses for the uncertain scope of the new offences and the use of highly subjective terminology.
Clause 107 creates the new offence of using threatening, abusive or insulting words or behaviour towards an emergency worker that are racially or religiously hostile. Clause 108 creates the offence of using threatening or abusive words or behaviour that are likely to cause an emergency worker harassment, alarm or distress. These offences are very similar to the existing offences under Section 4A and 5 of the Public Order Act 1986. The key difference is that these new offences can be committed in a private dwelling, whereas those in the Public Order Act cannot. It is understandable why the Government might wish to press ahead with these new offences—we all wish to see our emergency workers protected—but it is far from certain that creating two new speech-related offences will offer emergency workers any greater protection in reality.
Clause 107 involves the criminalisation of insults and Clause 108 uses the term “distress”. Both are highly subjective, thereby leaving people open to prosecution on undefined terms. We already know that this an acute problem in this country. There exists a litany of cases where people have been arrested and prosecuted for speech offences. The continual misuse of non-crime hate incidents, and the probably irresponsible policing of tweets and online comments, have had a chilling effect on free speech. If anything, we should be reviewing and removing barriers to freedom of expression and speech, not expanding those limitations. I therefore echo the comments of the Constitution Committee in relation to Clauses 107 and 108 and call on the Government to heed its advice that these clauses should be drawn far more narrowly.
I am sure much of the debate on the Bill will comprise what noble Lords deem to be omissions and missed opportunities. I have time to mention only a few of those, but I give notice to the Minister that in Committee I will be raising many more. Given that this Bill, in many ways, mirrors the previous Government’s Criminal Justice Bill, it was surprising to see there has been no inclusion—bar two clauses—of the measures to end and replace the Vagancy Act. The previous Government planned to repeal the Act and replace it with a new framework around nuisance begging and rough sleeping. If the Government are to commence the repeal of the Vagrancy Act, but not institute further powers to replace it, there may be a gap in the law. I would appreciate it if the Minister could perhaps comment on why the Government have not included these measures in the Bill.
Furthermore, the Bill does not include the previous Government’s plans to impose tougher penalties on those convicted of shoplifting offences on more than three occasions. Those provisions would require the court to impose a community order, including a curfew, exclusion or electronic whereabouts monitoring condition, or a combination of such conditions. Given the Government’s tough talk on bearing down on retail crime, it is more than a little confusing why they have not included such measures in the Bill.
I will end where I began: criminal justice is not simply about laws this Parliament passes. We can continually create new criminal offences and we can pass as many new laws as we like, but until we get to grips with the enforcement of those laws, we will never tackle the scourge of criminality. The Government have been talking tough on crime, but this must now be met with corresponding action.
In a similar vein, there are a number of provisions in the Bill that are welcome in principle but need careful scrutiny in practice. Among those are new offences—such as assaulting retail workers and the proposed respect orders—which, while well-intentioned, risk duplicating existing laws and further straining a justice system already operating way beyond capacity.
Liberal Democrats have long argued that neighbourhood policing is the most effective way to address these problems before they take root. The role of local beat officers is crucial: they know where the domestic abusers live, where kids are left home alone, and where the drug dens operate. Effective neighbourhood policing depends on familiarity, consistency and trust—qualities that can only be built over time. We cannot keep parachuting in new officers and expect these relationships to flourish. That is why we have proposed legal minimum resourcing to ensure that neighbourhood policing teams are maintained at the level necessary to sustain long relationships and a sense of safety among communities.
That sense of safety is especially important for young people. At the moment, one in three young people reports that they do not feel safe in their communities. The dangerous and often tragic result is that they carry weapons. We therefore back proposals to tighten the rules around the online sale and delivery of weapons and we will bring forward amendments to give legislative life to even more of the Clayman review’s recommendations.
Turning to police and criminal justice reform, very few people realise that 90%—yes, 90%—of crime is now digitally enabled. That means that chief constables must be given the flexibility to decide the right mix of traditional police officers and specialist staff needed in their forces, because digital skill is very often now more highly valued than physical prowess, and recruitment should reflect that.
Meanwhile, training has to move with the times. One-third of all police officers now have under five years’ experience, but inspection after inspection exposes serious flaws in the training provided. Poor professional development, combined with infrequent updates on new laws and procedures, means that many front-line officers have outdated skills, leading to uneven standards and a workforce that lacks confidence to use its powers. With 94% of reported offences unresolved, new laws mean little if officers are not equipped to enforce them, so we will push for the first national review of police training since 2018.
However, reforming policing alone is like fixing a lock on a door that is completely rotten. It simply beggars belief that at the end of March 2025 there were 310,000 cases outstanding in magistrates’ courts; that serious offences such as rape are taking more than two years to come to trial, with offenders back out on the streets on bail, tormenting their victims; and that perpetrators who are convicted of crimes often pass through prisons without any kind of rehabilitation.
I shall highlight some serious concerns on civil liberties. In Clause 138, the move to give police automatic access to driving licence data for any law enforcement purpose, not just driving offences, marks a major expansion from current practice. The Home Secretary need only consult police, with no full parliamentary oversight, when drafting these regulations. While the Bill does not mention facial recognition, and Ministers say that there are no plans to use DVLA data this way, the National Police Chiefs’ Council, in a written submission to the Home Affairs Committee, stated that police chiefs are seeking access to the DVLA database for facial recognition searches, and proposals by the previous Government would have enabled this. To do this would put more than 50 million innocent people in a perpetual digital line-up, which poses profound risk, particularly for people of colour and minority groups. Big Brother Watch found that in the UK in 2023 89% of police facial recognition alerts wrongly identified members of the public as people of interest. We shall vigorously press the Government to ensure that DVLA access is necessary, proportionate and set out clearly in primary legislation, restricted to tackling serious crime or public safety threats.
It is about not just facial recognition but a whole range of biometrics, some of which are only now in development. I am particularly concerned about the need to future-proof the Bill against tomorrow’s technologies. New digital tools such as remote data extraction, advanced surveillance systems, predictive analytics and wearable sensor technology will soon reach the UK market. The Bill must be capable of evolving this technology, ensuring that protections for citizens remain robust as new digital tools appear.
In conclusion, public confidence in policing is at an all-time low. This may not be fair—I do not think it is—but it is the reality. New duties imposed by Parliament must therefore be matched by new investment. We must deliver policing that keeps people safe without edging towards a surveillance state. The Bill gives us a great opportunity to strike that balance, but more power without resources or safeguards risks serious consequences. Let us ensure that the Bill empowers the police, protects freedom and prepares the service for a fast-moving technological world, because only then will it truly deliver safer communities.
My second area is cycling. I have tried to get some amendments into this Bill, because it is time that cyclists have more accountability too. Insurance would not be a bad idea, along with the opportunity to have points on their licence, if they have a driving licence, should they commit offences, and registration marks to identify them—and even licences for the people who ride bikes. The Public Bill Office tells me that it is out of scope, but I cannot understand that, because obviously there are measures on dangerous cycling that the Government have brought forward, which I support. But it will be no use having them if you cannot identify the person who did it—so I suggest that there is a possibility to consider future developments in this Bill.
My third point is around the suicide of police officers. The Police Federation is concerned that the number of police officers and staff committing suicide over the years is increasing, but it is having real difficulty getting hold of the data, either about those who have committed suicide or those who have attempted it. It recently had a survey in which only 41 forces replied; two of the biggest forces in the country, including the biggest, did not reply, so the federation is struggling to get hold of the data. It would like to see a legal duty to ensure that the data is collected, first, and then if there is a problem how big it is and where the themes are that might enable more prevention to take place.
My final point is about the indirect consequences in terms of historical offensive weapons. The noble Lord, Lord Lucas, has done some work on this, but there is more to do to make sure that those who have historical weapons are not captured under the offensive weapon debate. The couriers who carry these things are now withdrawing from the market, meaning that very few people are carrying weapons or things such as scissors—and that means that we will have a real problem soon if we do not consider that indirect impact.
We have been reminded today that recent terrible events mean that many are fearful when approaching a place of worship—indeed, going about their everyday lives. The right reverend Prelate the Bishop of Manchester, who cannot be in his place today, wishes to engage with elements of this Bill offering practical guidance for police to enable expressions of public protest while also preventing intimidation and harassment. He also looks forward to working with noble Lords to ensure that this Bill offers stronger safeguards against the discriminatory treatment of Romani, Gypsy, Roma and Irish Travellers.
Noble Lords will be aware that the right reverend Prelate the Bishop of Sheffield has recently been nominated to chair the Orgreave inquiry into the events of 18 June 1984. My colleagues on these Benches and I will continue to engage with the Government on public order policing measures.
Finally, I welcome the principle of youth diversion orders for those under 22. This Bill will need to strike a delicate balance. Overzealous restrictions on movement and social contacts under such orders may lead to yet more disenfranchisement and distrust.
This is a challenging time and the obstacles are real. I therefore commit myself and those on these Benches to work with noble Lords to think creatively, compassionately and constructively in our collective scrutiny of this Bill.
The court system is under strain. The police are under strain. Our prisons are under strain. Yet we blithely pile more and often repetitive legislation on them for political effect, without calculating whether the new provisions already exist or can be managed within the present creaking criminal justice system. The Lord Chancellor recently promised 1,250 new Crown Court sitting days. With the Crown Court trial backlog leading to serious criminal trials now being scheduled for 2028 or 2029, and with literally hundreds of courtrooms unused, 1,250 additional days is insignificant. A senior Crown Court judge recently told me that he could use those days in just his own court centre.
The Home Secretary’s Second Reading speech in the other place in March amounted to empty jargon interrupted by loyal Back-Benchers reading out interventions drafted by her spads or by Government Whips, and by the Opposition complaining that she was ignoring the previous Government’s achievements or claiming that they were her own. This is not a satisfactory way to amend the law, still less to create new law.
Of course, this Bill will—either in this version or some other version of it—pass into law, and the Government will proclaim its enactment as one of their great achievements at the next election. In the meanwhile, the IPP scandal continues, despite the heroic efforts of the noble Lord, Lord Timpson, and other noble Lords from across the House to release the ghastly grip of its talons around the lives and hopes of those hundreds of prisoners still in prison well beyond their tariff. Governments and Ministers say a lot. The voters watch carefully and remember what they actually do.
New Section 11ZB(3)(b) and (c), introduced by Clause 82, introduce the novel legal idea of “substantial prejudice”, adopted from Scottish legislation, but they are unjustified, as there is no provision for relitigation in these cases in England and Wales. I suggest that if cases fail in civil courts then the legislation has failed in its aims, and these new paragraphs should be removed.
The testimony of witnesses to the IICSA shows institutional discouragement and the extended, often ineradicable psychological harm of abuse, underscoring the need for these reforms to remove barriers. One witness said to me, “Attending the IICSA was the second most dramatic thing in my life and the trauma of it has lasted seven years so far. If subsection (3)(b) and subsection (3)(c) remain, then preparing for a court case which could be dismissed on these grounds would be as traumatic as that, and with little personal benefit”. While survivors are relieved that, through this legislation, time limitations in historical cases of child sexual abuse will be abolished, the “substantial prejudice” clauses need to be deleted for better access to justice.
The clauses on the management of sex offenders are hugely important for the victims of violence against women and girls, and I am delighted, with my long-term interest in countering stalking, that the Government are seeking both to implement their manifesto commitments and to respond to the invaluable super-complaint made by the Suzy Lamplugh Trust. Following discussions with those most concerned, I will wish to probe Part 6. I also know from campaigning on doorsteps that the new offence of cuckooing will be of great benefit, especially to those living in social housing.
Finally, I wholeheartedly support Clause 191 on the removal of women from the criminal law related to abortion. I pay tribute to my colleague, Tonia Antoniazzi.
If we are to prevent violent criminal behaviour in public spaces becoming normalised, we must work together to tackle the low-level disorder and disrespect that we see on our streets, on public transport, in shops and elsewhere, which cause us to feel so despondent: litter dropping; feet on seats; watching videos or listening to music on our phones without headphones; queue-jumping; fare dodging; graffiti. Police presence on our streets is important. Rapid response from the police to actual crimes is vital, but we cannot keep creating new criminal offences and expect the police to deal with everything that has gone wrong in society. We as leaders, whether political, religious, business, public service or union, must use our authority to set, promote and honour the standards we know are vital for a healthy society, yet too often now treat as unimportant.
I would support expanding Clauses 37 and 38 to more than just retail workers for the reasons I have given, but I ask all the businesses, unions and trade bodies, which understandably want more legal protection for their workers, to think about what I have said. Likewise, we as legislators must do more than the easy bit of making new laws, as my noble and learned friend Lord Garnier said. Tackling crime and disorder through better policing and stronger sentencing is important, but on its own it is not enough. We need to share and promote what the good citizens of this country want and expect from each other in our shared spaces. That is how we will create the right conditions for people to support each other and together make it harder for people to behave badly and do wrong.
Crime and Policing Bill · Order Paper · Order Paper