Alex Davies-Jones MP: speeches

Speeches

• 29 Apr 2025 · Crime and Policing Bill (Twelfth sitting) · Hansard source

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  Clause 126 makes a minor amendment to ensure that sentencing for terrorist offenders in Northern Ireland remains consistent with that in England and Wales. The sentencing and release regime for terrorists who commit offences attracting a maximum penalty of more than two years’ imprisonment is designed to be consistent throughout the United Kingdom. However, as currently drafted, the relevant legislation in Northern Ireland—the Criminal Justice (Northern Ireland) Order 2008, and specifically article 15A—makes it possible for judges to hand down incommensurate sentences. The purpose of the amendment is to ensure consistency, so that where a sentencing court in Northern Ireland hands down such a sentence, known as the terrorism sentence with a fixed licence period, the length of the sentence is commensurate with the seriousness of the offending. That will then be comparable to the equivalent sentence in England and Wales, namely the sentence for offenders of particular concern. Action is necessary to ensure consistency and fairness across UK jurisdictions. I commend the clause to the Committee. Question put and agreed to. Clause 126 accordingly ordered to stand part of the Bill. Schedules 16 and 17 agreed to. Clause 127 Implementation of international law enforcement information-sharing agreements Question proposed, That the clause stand part of the Bill.

• 29 Apr 2025 · Crime and Policing Bill (Twelfth sitting) · Hansard source

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  The clause will bring the offence of breaching a foreign travel restriction order, under paragraph 15 of schedule 5 to the Counter-Terrorism Act 2008, within scope of the Terrorist Offenders (Restriction of Early Release) Act 2020, known as TORER. TORER was emergency legislation passed in 2020 following the horrific terrorist attacks at Fishmongers’ Hall and in Streatham, committed by terrorist offenders on licence. TORER restricts the eligibility of terrorist prisoners for release on licence. It ended the automatic early release—in other words, release without Parole Board approval—of individuals who have committed a terrorist offence carrying a maximum penalty of more than two years’ imprisonment, and increased their release eligibility date from the halfway point of their sentence to the two-thirds point. The offence of breaching a foreign travel restriction order is not currently covered by TORER, despite having a maximum penalty of five years’ imprisonment and being a terrorism-specific offence, and despite offences for breaching other terrorism-related orders being within scope of TORER. The clause will add breaching a foreign travel restriction order to TORER, ensuring greater consistency. Since the introduction of TORER in 2020, a number of other changes have been made to the counter-terrorism legislative framework to strengthen the risk management of individuals who commit a terrorism offence carrying a maximum penalty of more than two years. We are seeking to apply those changes to this offence too, in order to ensure that consistency remains. Specifically, we are ensuring that the offence of breaching a foreign travel restriction order is capable of attracting a sentence for offenders of particular concern, and the equivalent sentence in Northern Ireland and Scotland. We are also making the offender eligible for certain specialist management on licence, including eligibility for personal search conditions, which will be UK-wide, and a polygraph condition, which will be for England and Wales only. We will also ensure that the offence is incapable of being found by the court at the point of sentencing to have been committed with a terrorist connection, on the basis that it is in fact a terrorist offence. Given that the offence of breaching a foreign travel restriction order applies UK-wide, the clause also makes the equivalent changes for Scotland and Northern Ireland. This change will ensure that sentencing and release arrangements are commensurate with the risk that the individual is considered to pose, and that eligibility for terrorism management conditions is consistent with other terrorist offences. I commend clause 125 and schedule 17 to the Committee. Question put and agreed to. Clause 125 accordingly ordered to stand part of the Bill. Clause 126 Length of terrorism sentence with fixed licence period: Northern Ireland Question proposed, That the clause stand part of the Bill.

• 29 Apr 2025 · Crime and Policing Bill (Twelfth sitting) · Hansard source

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  It is a pleasure to serve with you in the Chair this afternoon, Ms Lewell. Clause 104 seeks to build on existing polygraph testing powers by making an express provision to enable the Secretary of State to impose mandatory polygraph testing as a licence condition for the most serious offenders who commit historic offences connected to terrorism, or who pose a risk of sexual offending. Polygraph tests are used to monitor compliance with licence conditions. The information obtained from a test is used by probation practitioners to refine and strengthen risk management plans, thereby providing probation practitioners with additional risk-related information that they otherwise would not have known. Without this clause, these serious offenders would remain excluded from polygraph testing while on licence. Polygraph tests have been successfully used by the Probation Service in the management of sexual offenders since January 2014. Initially, it was as a successful pilot and later, a national programme. More recently, it was extended to terrorist offenders by the Counter-Terrorism and Sentencing Act 2021. Subsection (3) of the clause extends eligibility for polygraph testing to offenders who have been convicted of murder and are assessed as posing a risk of sexual offending on release. It also extends to those who are serving multiple sentences alongside a sentence for a sex offence, to make sure that they can be polygraph tested for the duration of their licence.A gap in existing powers means that currently, for example, someone can be polygraph tested on licence when they have been convicted of rape, but if they have raped and murdered the victim, they are unlikely to be able to be polygraph tested because the sentence for rape is likely to have ended prior to their release on licence. Subsections (4) to (8) of the clause extend polygraph testing to a cohort of individuals who committed a non-terrorism offence, such as conspiracy to murder, that would have been considered terrorist connected, but their offence was committed before the relevant legislation came into force enabling the court to make a formal determination of a terrorist connection.We refer to this cohort as historic terrorism-connected offenders. Following the changes introduced, where it is determined by the Secretary of State that an offence was an act of terrorism, took place in the course of an act of terrorism or was committed for the purposes of terrorism, individuals will become eligible to have the polygraph condition applied to their licence, subject to meeting the relevant policy criteria. The polygraph testing licence condition is a vital tool for probation practitioners who are managing individuals who have been convicted of terrorism offences, yet it cannot currently be applied to historic terrorism-connected offenders. That means that polygraph is not available as a tool to manage the risk posed by this cohort, whereas it is available for an individual who commits the same offence today. The clause will therefore fill the gap in legislation and contribute to the consistent and effective risk management of historic terrorism-connected offenders in the community, seeking to close those small but significant operational gaps. Taken as a whole, clause 104 will ensure that polygraph testing can be used to strengthen the management of those who committed historic terrorism-related offences, and those who pose a risk of sexual offending.

• 29 Apr 2025 · Crime and Policing Bill (Twelfth sitting) · Hansard source

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  This clause will create a new duty on offenders serving a sentence in the community and supervised by probation or a youth offending team, requiring them to inform the responsible officer if they change their name, use a different name or change their contact information. I thank my very good friend, my hon. Friend the Member for Newport West and Islwyn (Ruth Jones), for her work in the previous Parliament on this issue, and I am delighted to be bringing forward this proposal. The clause will improve the ability of probation and youth offending teams to monitor offenders in the community and will ensure that the public are protected. A significant number of offenders serve sentences in the community, and responsible officers must have the information that they need to keep tabs on those individuals, including if they change their name and contact information. The provisions in this clause are robust. Contact details can change for any reason, but the offender must report any difference from what is kept on file. The clause captures not just formal legal changes of name by deed poll but, for example, the use of an online alias. We have a separate youth justice system, but it is equally important that services are able to maintain contact with children and have the right information about them to do their jobs. This policy therefore applies equally to offenders of all ages and will create consistency across offenders on licence and those serving sentences in the community, overseen by probation services or youth offending teams. Probation and youth offending teams will have discretion about whether an offender is returned to court if they fail to comply with this requirement. It is right that the enforcement provisions for this clause are robust and reflect the seriousness of non-compliance. It is right that probation officers and youth offending teams have the same powers to deal with non-compliance with this duty as they have for any other case of non-compliance with a sentence requirement. I commend the clause to the Committee.

• 29 Apr 2025 · Crime and Policing Bill (Twelfth sitting) · Hansard source

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  I thank the shadow Minister for his questions. We will of course ensure that guidance is available for this new measure. We will provide the responsible officers with all the tools they need to protect public safety, and ensure that they have all the relevant information available to manage offenders on licence in the community. Question put and agreed to. Clause 105 accordingly ordered to stand part of the Bill. Clause 106 Accelerated investigation procedure in respect of criminal conduct Question proposed, That the clause stand part of the Bill.

• 29 Apr 2025 · Crime and Policing Bill (Twelfth sitting) · Hansard source

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  I thank the shadow Minister for his questions. He asked me about the basis of the Secretary of State’s decision; if a Secretary of State decides that, for the purpose of extending polygraph testing, an offence was an act of terrorism or was committed for the purpose of terrorism, but a court does not reach the same decision, the Secretary of State will review their decision in the light of the court’s findings. That is an important backstop. Guidance will be produced on the process of the Secretary of State designating terrorist connections and for the court for the different management changes in the Bill. Polygraph testing is one of many tools available to the Probation Service when managing offenders in the community and when they are out on licence. It is not the only tool available in its arsenal to ensure the public are kept safe. Question put and agreed to. Clause 104 accordingly ordered to stand part of the Bill. Clause 105 Duty of offender to notify details Question proposed, That the clause stand part of the Bill.

• 24 Apr 2025 · Crime and Policing Bill (Ninth sitting) · Hansard source

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  The clause provides for a modest but important reform to strengthen the offence of exposure in section 66 of the Sexual Offences Act 2003. Currently, the offence, which carries a two-year maximum prison sentence, is committed when a person intentionally exposes their genitals and intends that someone will see them and be caused alarm or distress. Importantly, the offence—subject to certain conditions—attracts sexual offender notification requirements. That means that qualifying offenders released into the community will be required to notify the police of their personal details. Offenders have to provide their local police station with a record of, among other things, their name, address, date of birth and national insurance number. In “Modernising Communications Offences: A final report”, published in 2021, the Law Commission noted evidence in response to its public consultation that suggested that the intention to cause alarm or distress was “too narrow” a mental element for this offence. The commission highlighted the fact that sexual gratification and a desire to humiliate the victim were among the major drivers of exposure. Under the existing criminal law, if a person exposes their genitals to another with the intention to humiliate, or for the purpose of obtaining sexual gratification, and does not also have an intention to cause alarm or distress, the behaviour is not captured by the exposure offence in section 66 of the 2003 Act. If a person is exposing themselves only with the intent of obtaining sexual gratification and with no intent to cause alarm or distress, that is currently insufficient to commit the section 66 offence. Crown Prosecution Service guidance makes that point clear and suggests that, in such cases, charging with the offence of outraging public decency should be considered. However, depending on the circumstances, outraging public decency might not be an appropriate or valid charge. That offence is committed only when someone does something lewd, obscene or disgusting in the presence of at least two members of the public. The offence requires at least two people to have witnessed the act or been capable of witnessing it, so if, for example, someone exposes themselves to a lone woman for sexual gratification, that very disturbing behaviour would not currently be captured by the outraging public decency offence—and it would not be captured by the existing sexual offence of exposure. If someone were to expose themselves, for sexual gratification, to a person in a private dwelling rather than in public, the behaviour would not fall within the terms of that offence, either. Furthermore, and very importantly, the offence of outraging public decency does not attract sexual offender registration requirements. On release, therefore, the additional protection to society that effective sex offender management provides would not apply to such an offender, even if they carried out the behaviour specifically to obtain sexual gratification. It is important that we recognise the seriousness of the offence of exposure in the 2003 Act. For victims, it is clearly a disturbing and frightening experience, which can have lasting effects. It is a serious sexual offence that can be identified as a signal of potential for escalation towards even more serious and violent offences. Sadly, we have seen that time and again. Although what I am about to discuss is by no means the only example of escalation of sexual offences, it is perhaps one of the most prominent in recent history. It is one that I know has stayed with all of us across the House, and no one more so than the Minister for Policing, Fire and Crime Prevention, my very good and right hon. Friend the Member for Kingston upon Hull North and Cottingham. I pay tribute to the way she and her community have coped with the devastation of this tragic event five years ago.

• 24 Apr 2025 · Crime and Policing Bill (Ninth sitting) · Hansard source

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  I feel that I should provide hon. Members with a content warning before I discuss what this new offence does, and it is probably quite important that we are doing this before lunch. Clause 58 is on a gruesome but none the less important issue. The clause introduces an amendment by expanding the law on sexual activity with a corpse—a distinct and abhorrent type of offending, as shown in the recent case of David Fuller. The sheer horror and repulsiveness of the crime cannot be overstated. My heartfelt condolences go out to the families of those subject to the offence, who have been profoundly affected by these unimaginable, heinous acts. The clause will address a wider range of such despicable behaviour and mark the beginning of a very important step towards ensuring justice for all. We are committed to stopping all such behaviour by making a significant change today. I would like to take a moment to set out the history of the offence. The Labour Government introduced the Sexual Offences Act 2003 after a full and extensive consultation called “Setting the Boundaries”. It significantly modernised and strengthened the laws on sexual offences in England and Wales. One of the key recommendations from “Setting the Boundaries” was the inclusion of the offence of sexual penetration of a corpse, in chapter 8, “Other Offences”. At the time, the consultation said: “It came as a surprise to most members of the review that there was no such protection in law for human remains and that necrophilia was not illegal.” That is why the recommendation was simply put that sexual penetration of a corpse needed to be a criminal offence. Then and now, a Labour Government have demonstrated the importance of getting such legislation right to prevent such heinous behaviour. The commitment was evident then and remains even more crucial now. I would like to extend my heartfelt thanks to the independent inquiry for its thorough investigation into the horrific acts committed by David Fuller in the mortuaries of the Maidstone and Tunbridge Wells hospitals. The interim report, published on 15 October 2024, provides essential preliminary findings and recommendations for the funeral sector, highlighting areas that require attention. We eagerly await the final report and will carefully consider its findings to ensure that such atrocities are never repeated. At the core of our efforts, we remain deeply mindful of the families of those subjected to the offence. Their pain and suffering are unimaginable, and our thoughts are with them. We are grateful to the families of the deceased who have bravely come forward to speak publicly about their experiences in the hopes of making lasting change. We understand that revisiting these traumatic events is incredibly painful, and we are truly sorry for any additional distress caused by bringing these matters up in Parliament, but their voices are vital in ensuring justice. Police officers have played a vital role in explaining the immense challenges faced while gathering evidence for the courts. Their painstaking work in sifting through the horrific images and explaining the evidence was crucial. Without their efforts, we might not have fully understood the importance of broadening the offence to include sexual touching. Their dedication and professionalism have been instrumental in bringing David Fuller to justice. David Fuller is serving a whole life sentence for his abhorrent crimes. As Mrs Justice Cheema-Grubb stated during the sentencing, his “actions go against everything that is right and humane. They are incomprehensible” and “had no regard for the dignity of the dead.” These words resonate deeply with all of us, reinforcing the importance of upholding the dignity of, and respect for, those who have passed. We are committed to ensuring that justice is secured for the families of the deceased in all cases of sexual activity with a corpse, not just in cases of penetration. That is why the clause repeals the existing offence of sexual penetration of a corpse in section 70 of the Sexual Offences Act 2003, and replaces it with a broader offence of sexual activity with a corpse. The broader offence still criminalises sexual penetration of a corpse, but it also criminalises non-penetrative sexual touching, adding it into the criminal law for the first time. It increases the maximum penalty for sexual penetration of a corpse from two to seven years’ imprisonment. Where penetration is not involved, the maximum penalty will be five years’ imprisonment. The new offence will be committed whenever a person intentionally touches the body of a dead person if they know they are dead or are reckless as to whether the person they are touching is dead, and the touching is sexual. Touching is already defined in section 79(8) of the 2003 Act. We want to ensure that criminal law is robust and comprehensive, effectively addressing the harm caused by this reprehensible behaviour. It is imperative that our criminal law evolves to encompass additional forms of abuse, particularly those that violate the dignity and sanctity of individuals both alive and deceased. By broadening the offence to include non-penetrative actions, such as the sexual touching of a corpse, the law will be more robust, ensuring that perpetrators cannot escape justice. Our commitment extends beyond merely updating the law and involves a holistic approach to justice that prioritises respect for those affected. We strive to create an environment in which such heinous acts are met with the strongest possible legal repercussions, ensuring that justice is served and, importantly, that the families of the deceased receive the support and closure they so rightly deserve. I commend clause 58 to the Committee.

• 24 Apr 2025 · Crime and Policing Bill (Ninth sitting) · Hansard source

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  It is a pleasure to serve with you in the Chair, Dr Allin-Khan. I am very pleased to be able to speak to these provisions. We live our lives surrounded by technology that allows us to take photographs or record film at the click of a button. Laptops, tablets, smartphones, smart TVs and minute cameras and recording devices have revolutionised our lives, but they do not come without the very real risk that they can be used for nefarious purposes, such as taking intimate images of a person without their knowledge or consent. The scale of this problem is growing. When the Law Commission carried out its detailed review of the law in this area in 2020 to 2022, it found that the police recorded at least 28,201 reports of disclosing private sexual images without consent between April 2015 and December 2021. Only three years later, a Women and Equalities Committee investigation showed that the Revenge Porn Helpline went from receiving 3,200 cases in 2020 to 22,276 in 2024. Those figures include only those reporting to the helpline. As we are all aware, many, many more individuals may not report. I have huge respect for the work of the Revenge Porn Helpline, which is committed to supporting victims. The Government and the wider violence against women and girls sector have moved away from using the terminology “revenge porn”. Let us be clear: it is not revenge. Nothing a victim could ever do justifies any kind of abuse. It is not an act of revenge; it is an act of abuse. It is also not pornography. The participant is not consenting, and the subject never intended it to be available for public viewing. It is non-consensual intimate image abuse. The Government share the Women and Equalities Committee’s concerns. We have committed to halving violence against women and girls, who make up the majority of victims of intimate image abuse. Taking an intimate image of someone without their consent is a violation. Victims can experience significant harm and trauma. It can impact every aspect of their lives, from their physical and mental health to their relationships and careers. It is therefore vital that our legal framework deals effectively with that behaviour. That type of offending needs to be seen as part of the wider landscape of sexual violence and sexual offending. It may be carried out by those who are also committing the most abhorrent physical sexual offences. That was so in the case of Gisèle Pelicot, whose husband was caught because he was taking photographs under women’s clothing—an act similar to those covered by the upskirting offence in England and Wales. As is evident in that case and many others, intimate image abuse can be the beginning of an escalation, or can go hand in hand with those already perpetrating violent sexual crimes. If we can catch it early, perhaps we can prevent or stop further abuse in its tracks. We know that there is a relationship between online and offline violent misogyny. We also know that many perpetrators start their campaigns of abuse with apparent low-level sexual offences. Sarah Everard’s murderer had indecently exposed himself before he went on to brutally rape and murder her. The escalation is clear in both the online and the offline world. The Pelicot case shows that intimate image abuse cannot be viewed in isolation; it is part of wider violence against women and girls. That is why the Government, in this clause, are cracking down on the perpetrators of violence against women and girls in all its forms. Those perpetrators need to be stopped and held accountable for their crimes. As Gisèle Pelicot said: “it’s not for us to have shame—it’s for them”. Existing law does address some of that behaviour, but it is far from comprehensive and effective. The previous Government introduced some new offences in this area to tackle sharing intimate images without consent, but they did not go far enough. They did not have the bravery or political will to take a real stand against this type of abuse, introducing offences on intimate image abuse in their Criminal Justice Bill, which they allowed to fall in favour of attempting to re-elect a failing Prime Minister and a failing Government. This has gone on long enough. That is why, in our first year in office and in our first crime and justice Bill, we are now doing what they should have done and are addressing the taking of those images, the first step in this type of offending. The clause and schedule we are discussing build on what we have already done in the Data (Use and Access) Bill, fulfilling our manifesto commitment to ban the creation of sexual deepfakes. In that Bill, we introduced a new offence of creating purported intimate images—more commonly known as deepfakes—without consent, or reasonable belief in consent. We have also introduced an offence of requesting the creation of such an image without consent or reasonable belief in consent. Those new offences will tackle a rapidly proliferating area of offending, providing further protection for victims. The taking of real intimate images needs to be tackled as well, however. The taking of intimate images without consent is not new. It has been possible for many years, from analogue cameras through digital cameras to the ease of the smartphone. The law has rightly criminalised some of that behaviour, but changing technology has made it even easier to take such images. Only last week, The Sunday Times reported on the widespread practice of individuals installing covert cameras in order to secretly record intimate images of women getting changed at swimming pools. Some of that behaviour is already covered by existing offences, but we want to ensure that the law is consistent and comprehensive, and captures all the behaviour that it should, giving the police and the Crown Prosecution Service the tools to tackle it. At the moment, taking such images is covered by the offence set out in section 67 of the Sexual Offences Act 2003. It is part of a wider set of offences in sections 67 and 67A, which cover “observing” and “recording” of individuals in certain intimate circumstances without their consent. Section 67(3) provides for an offence of recording images of a person “doing a private act” if the person recording it intends that he, or a third party, will gain sexual gratification from looking at the image, and the person recording knows that the person in the photo does not consent to being recorded with that intention. That means that the prosecution has to prove the perpetrator’s intent and that they knew that the person in the photo had not consented to being recorded for that purpose. The voyeurism offences also include the so-called upskirting offence in section 67A of the 2003 Act, which covers recording images, without consent or reasonable belief in consent, of a person’s genitals or buttocks, or underwear covering them, under a person’s clothes. The offence has different intent elements from the section 67 offence and a different definition of the photographs taken. Those differences were among many issues looked at by the Law Commission, which in 2019 was asked to review in detail the law on taking, making and sharing intimate images without consent. The commission submitted a final report in 2022, “Intimate image abuse”, which recommended a comprehensive suite of intimate image abuse offences to ensure that the law was consistent and coherent. We agree that that is what is needed. Consistent law will be easier to understand and to work with, ensuring that perpetrators are brought to justice. As I mentioned, the previous Government made some changes on sharing offences, but they left the law in a mess. We now have a situation where the offences relating to taking and to sharing intimate images without consent are not consistent. Different definitions of the images are covered and they include different intent elements. The Government will not tolerate that. To address such offending properly and consistently, we will repeal two of the existing voyeurism offences, relating to “recording a person doing a private act” and “recording an image beneath a person’s clothing”— the so-called upskirting offence—and replace them with three new criminal offences to tackle the taking or recording of intimate images without consent. The base offence will be of taking or recording an intimate image without consent or a reasonable belief in consent. That offence carries no requirement to prove that the taking or recording was done for a particular reason. There will also be two more serious offences of taking or recording an intimate image without consent and with the intent to cause alarm, distress or humiliation, or without consent or reasonable belief in consent for the purpose of obtaining sexual gratification. Consent must be at the heart of this new offence. It is the key element, and one that is long overdue. Previously, the onus was on the defence to prove that the accused intended to cause harm. Now, we are moving to a consent-based model that centres the autonomy of the victim. Consent is the most important element of any law of this nature. I am not interested in what consenting adults get up to in the privacy of their own relationship; what this Government are interested in is that, where consent is not given, the perpetrators are punished appropriately and the victim receives the justice they deserve for the violation and abhorrent abuse that they have experienced. Crucially, these offences will all use the definition of a person in an “intimate state”, which covers images in which the person’s buttocks, genitals or breasts are exposed or covered with underwear; images depicting the person engaging in a sexual act of a sort not usually seen in public; and images showing the person using the toilet. That is broader than the current definition and provides a consistent definition across all the intimate image abuse offences, providing a package of offences. These changes are important and overdue, but we will not stop there. One of our other concerns about the current law relates to people installing equipment in order for them, or someone else, to take an intimate image without consent. Section 67(4) of the Sexual Offences Act 2003 makes it an offence for someone to install equipment, or construct or adapt a structure, or any part of a structure, to enable someone to commit the offence of observing a person doing a private act. That means that I commit an offence if I drill a hole in a changing room wall to allow myself or someone else to spy on people getting changed for sexual gratification, knowing that those getting changed do not consent to being observed for this purpose. That is currently an offence even if I never actually use the hole to spy on those people—merely adapting the structure is sufficient. However, the offence in section 67(4) of the 2003 Act is limited to installing equipment or adapting structures in relation to observing victims, not recording photographs or videos of them. That means that if I install a spy camera in the wall of a changing room so that I, or someone else, can remotely take photographs or videos of people getting changed, I am not committing that offence. I would have to have actually taken the photographs for that offence to have been committed. That cannot be right. The new offence to be inserted at section 66 of the 2003 Act will change that. To address concerns about the increasing use of spy cameras to record people in public bathrooms, changing rooms, hotel rooms or holiday lets, it will be an offence to install equipment with the intention to enable anyone, whether the installer or a third party, to commit one of the taking offences. To address the harmful and culpable nature of that behaviour in and of itself, it will not be necessary for any images to have been taken using the equipment. These offences will build on the sharing offences in the Sexual Offences Act 2003 to provide a holistic package of offences using the same definitions and core elements. That addresses the criticisms of the patchwork nature of the existing law, which has resulted in gaps in protection for victims. On top of that, we know that being a victim of one of these crimes can be humiliating and degrading, and that victims can be overwhelmed by shame and embarrassment despite having done nothing wrong. It is therefore vitally important that victims will automatically be eligible for lifelong anonymity. We are also ensuring that those convicted of the new offences of taking or recording an intimate image for sexual gratification, or installing with the intent to enable the commission of that offence, may be subject to notification requirements. That means that they can be monitored in the community, helping the police to keep the public safer from these predators. The courts can already deprive offenders of the images and the devices on which they are held upon conviction for non-consensual sharing of an intimate image. We will update the sentencing code to give courts the same powers, upon conviction, for intimate images taken without consent. I am grateful to the Law Commission for its extensive review of the law relating to intimate images and its well-considered recommendations upon which these new provisions are based. I also extend my gratitude to all those who took the time to contribute their views, knowledge and experience, particularly the victims. The courage needed to speak out about these crimes cannot be overestimated, and we are indebted to those brave victims who have shared their experiences so powerfully. We are also grateful to the bodies representing the police, prosecutors and legal practitioners. This allowed us to hear from experts in this area, from those supporting and campaigning on behalf of victims.

• 24 Apr 2025 · Crime and Policing Bill (Ninth sitting) · Hansard source

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  I welcome the comments from the shadow Minister and the hon. Member for Windsor. Both touched on sentencing, and I am happy to address their questions. We have considered a range of options. Increasing the statutory maximum for section 70 to seven years is in keeping with the other serious contact offences in the Sexual Offences Act, while it remains lower than most of the serious contact sexual offences against living victims. Sexual assault and rape, for example, have a maximum penalty of 10 years and life imprisonment respectively. The statutory maximum set out in the clause is for a single offence. If a person receives multiple convictions for this offence, or if that offence is committed alongside other offences, then the court may adjust the overall sentence to reflect the totality of the offending in the ordinary way. We also heard strong evidence of the harm caused by this offending to victims’ families and believe that two years does not reflect the harm caused. We have, therefore, considered, in particular, the serious emotional and psychological distress and the feelings of shame and embarrassment that the families undergo, knowing that the bodies of their loved ones have been sexually abused. It is therefore right that the new law takes “Concealment, destruction, defilement or dismemberment of the body” as a factor that indicates high culpability on the part of the offender, and that a more serious punishment may, therefore, be appropriate. I remind hon. Members that we currently have a sentencing review in place, which is reviewing all the offences available and looking at this. That independent review is ongoing and we anticipate that it will report this year. We are also aware that the Law Commission is considering a review of the criminal law around the desecration of bodies as part of its next programme of law reform. We are currently discussing the possibility of looking into this with it. Let me reassure Members that we are not stopping and that we will not hesitate to go further if required. On the support available for victims, I would like to reassure the hon. Member for Windsor that victim support is always available for anyone who has been a victim of crime, whether or not that crime has been reported to the police. I encourage any victim, survivor or family to reach out to victim support. The Ministry of Justice funds a number of victim support organisations and provides grants to local police and crime commissioners to provide tailored support in their areas for whatever they feel is necessary. We also have the victims’ code, which outlines exactly what victims are entitled to if they have been a victim of crime, and support is one of the many elements available to them there. I encourage anyone to reach out and seek the support that is available. Question put and agreed to. Clause 58 accordingly ordered to stand part of the Bill. Clause 59 Notification of name change

• 24 Apr 2025 · Crime and Policing Bill (Ninth sitting) · Hansard source

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  I thank the hon. Member for Windsor for his important contribution. It is right that we expand the scope of the offence to ensure that all victims are properly protected and that perpetrators are brought to adequate justice. As he rightly pointed out, justice is a system; it needs every part to work. We need to ensure that the police are equipped with the guidance, training and tools to go after these foul perpetrators—they need to know what to do, what to look for and who to find. They should be taking this seriously, so I am glad that the College of Policing guidance is now in place. We need the CPS to have the offences available to charge the perpetrators—that is what this Bill will provide—and then we need the court system to be available to hear the cases so that justice can be brought. The shadow Minister sought reassurance that perpetrators would be brought to justice. As I have just outlined, we are assured that we have all the tools available; we just need to stop these acts taking place. This modest but vital step is part of our wider strategy to halve violence against women and girls. These crimes may be low level and classed as non-contact, but sadly we all know what happens when they escalate. It is important that we take them seriously and have robust laws in place to deal with them. Question put and agreed to. Clause 57 accordingly ordered to stand part of the Bill. Clause 58 Sexual activity with a corpse Question proposed, That the clause stand part of the Bill.

• 24 Apr 2025 · Crime and Policing Bill (Ninth sitting) · Hansard source

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  I thank the hon. Members who have contributed to the discussion, which has been deeply moving at times, particularly when it has touched on the impact on victims in all our constituencies and how widespread and horrific the problem is. That stresses the importance of us tackling it in the Bill. The shadow Minister, the hon. Member for Stockton West, mentioned sextortion, as did other hon. Members. It is a growing problem. Just this week, its impact—on young men as well as young women—was highlighted on “Good Morning Britain”. Sextortion is already covered by existing offences; we feel that it is already tackled. We are aware that it happens primarily online on social media platforms. Thankfully, the codes of practice that Ofcom is introducing under the powers in the Online Safety Act 2023 will compel platforms to do more to tackle this horrific abuse. However, it is already a crime, and I stress that any victim or survivor who is struggling with it should report it to the relevant authorities—to the police and to the social media platforms directly—because action should be taken to tackle it and the powers and offences to do so are available. These crimes have caused tragic suicides, and I would encourage anyone struggling to reach out and tell someone to contact the Revenge Porn Helpline, which is there to offer assistance and support. It is a brilliant resource, as has been highlighted. The hon. Member for Windsor asked about deprivation orders, I believe, and how we can ensure that these images are removed from devices so that victims are not retraumatised but protected. We are updating sentencing guidelines, to ensure that that measure is available to the courts—that devices can be taken off perpetrators and the images removed so that victims retain their dignity and are not being revictimised consistently. This has been a very important discussion, highlighting just how important these measures are. I commend this clause and schedule to the Committee. Question put and agreed to . Clause 56 accordingly ordered to stand part of the Bill . Schedule 8 agreed to. Clause 57 Exposure Question proposed, That the clause stand part of the Bill.

• 24 Apr 2025 · Crime and Policing Bill (Tenth sitting) · Hansard source

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  I thank all hon. Members for their contributions to the debate, which has been a good one, getting to the heart of the important issue of spiking, which needs to be tackled. I am particularly grateful to the hon. Member for Stockton West for tabling amendments 44 and 45, which enable me to give a fuller answer to the question he raised at the end of the Committee’s evidence session and to explain the rationale for clause 73. Clause 73 fulfils our manifesto commitment to crack down on spiking and bring perpetrators to justice. I reassure the shadow Minister, the hon. Member for Sutton and Cheam and my hon. Friends that the new offence is just one part of a package of measures designed to tackle this crime. Alongside the Safeguarding Minister, my hon. Friend the Member for Birmingham Yardley, I co-chair the cross-Government violence against women and girls strategy, which we will publish shortly. We will of course work with all the many agencies in this field—across the night-time economy, transport, the Department of Health and Social Care, the police and education sectors—to try to prevent this abhorrent crime and to support the victims who have sadly suffered. The new offence is just one step in the Government’s commitment to halving violence against women and girls in a decade, and to making our streets safer. I should also say that although the majority of spiking victims are women, we should not forget—as Colin Mackie reminded us in evidence to the Committee—that men are victims too. Colin’s son, Greg, died after his drink was spiked with ecstasy. I pay tribute to Colin and Mandy Mackie from Spike Aware, and to the formidable Dawn Dines from Stamp Out Spiking for all her incredible campaigning over the years to get us to the point where we are clarifying this offence. I thank the many other organisations—my hon. Friend the Member for Gravesham told us about the brilliant ones in Gravesend—for their work in this area to protect victims and stop these crimes happening.

• 24 Apr 2025 · Crime and Policing Bill (Tenth sitting) · Hansard source

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  I will happily do so. On being reckless, it would be for the court to decide and determine the case on the facts in terms of its interpretation of aggrieve, annoy and intent. It is also important to deal with amendment 45, which could cause a problem, and address the hon. Gentleman’s comments head on. The amendment would introduce the requirement that the person must act “knowingly or recklessly” before the offence of administering harmful substances is committed. That risks introducing confusion, rather than bringing clarity. For the offence to be made out, a person has to act with the specific intent to injure, aggrieve or annoy the other person. To additionally require a defendant to knowingly or recklessly act is logically inconsistent with the requirement that they act with a specific intention to injure, aggrieve or annoy the victim. Having explained why it is not helpful to amend the clause in the way suggested, I will return to the details of the clause, which will help to provide clarity. Proposed new section 24(2) defines “harmful substance” as “any poison or other destructive or noxious thing”. By incorporating the language of the existing sections 23 and 24 offences, we aim to capture the broad range of substances that can, as established by existing case law, be illegal to administer. Proposed new section 24 also modernises the law in other ways. It will become an offence triable either way, rather than an indictable only offence: this allows for less serious cases to be dealt with quickly in the magistrates court, allowing for justice to be served quicker. The penalty for the new offence will be 10 years, reflecting the seriousness with which the Government take this behaviour. That penalty is the same as for the existing section 23 offence, and an increase in the maximum penalty for the more commonly prosecuted section 24 offence. The new offence will extend to England, Wales and Northern Ireland. Finally, Government amendments 16 and 19 add the new offence, as with the other offences in the Bill, to the list of serious offences that exclude a person from claiming as a defence that they committed the offence as the result of being subject to modern slavery. In conclusion, the Government believe that the new offence to capture spiking will simplify the current legal landscape and be more readily understood by both the public and the police. It is part of our wider programme to increase public awareness of the illegality of spiking, encourage reporting and help the police to better respond to this abhorrent crime. I commend clause 73 to the Committee.

• 24 Apr 2025 · Crime and Policing Bill (Tenth sitting) · Hansard source

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  Although clauses 74 and 75 are separate clauses, I will speak to both at the same time for the benefit of the Committee, given that they are very much linked provisions. Encouraging or assisting self-harm remains a matter of great concern. I commend the continued work of organisations such as the Samaritans and the Molly Rose Foundation in campaigning for suicide and self-harm prevention. The Law Commission’s 2021 report on modernising communications recommended a criminal offence to target the issue. Section 184 of the Online Safety Act 2023 gave partial effect to that recommendation by introducing an offence of encouraging or assisting serious self-harm by means of communications only. The Government are now fully implementing the Law Commission’s recommendation by creating a broader offence that covers the encouragement or assistance of serious self-harm both by means of communication and in any other way. That could include direct assistance, such as giving someone a blade with which to seriously self-harm. Clauses 74 and 75 achieve that aim by repealing the Online Safety Act offence, in so far as it extends to England, Wales and Northern Ireland, and replaces it with the broader offence. The Committee can be assured that these clauses include two key elements that the Law Commission and this Government are confident constrain the offence to only the most culpable offending—namely, that the person’s act must be intended to encourage or assist the serious self-harm of another person, and that self-harm is serious if it amounts to grievous bodily harm. That ensures that the sharing of helpful and supportive material is not criminalised. To be clear, where there is no intent to encourage or assist serious self-harm, the offence is not committed. As with the Online Safety Act offence, clause 74 provides that a person commits an offence if they do an act capable of encouraging or assisting the serious self-harm of another person and have the intention to do so. It specifies that the person committing the offence does not need to know or be able to identify who they have encouraged or assisted in their act, and an offence is committed regardless of whether serious self-harm of another person actually occurs. The clause further provides that an act includes any conduct except conduct consisting only of omissions. The definition of “act” is intended to cover a series of acts, as well as a combination of acts and omissions, but not a stand-alone omission or a series of omissions. It also provides that encouraging the serious self-harm of a person includes putting pressure on a person to self-harm, whether by threatening them or otherwise. Serious self-harm is when the self-harm amounts to grievous bodily harm within the meaning of the Offences against the Person Act 1861. For example, a person may cause themselves serious self-harm by alternatively purging and starving themselves of food over a period of time. The offence is triable either way and carries a maximum sentence of five years’ imprisonment. Clause 75 then provides that a person who arranges for someone else to do an act capable of encouraging or assisting the serious self-harm of another person is committing the offence. The clause also ensures that where an act is in fact not capable of encouraging or assisting serious self-harm, it will still be treated as so capable had the facts been as the defendant believed them to be at the time of the act, or had subsequent events happened in the way the defendant believed they would happen, or both. An example of that is if a person sends razor blades to another person with the intention that they will use them to seriously self-harm, but the blades, for whatever reason, fail to reach them. Clause 75 clarifies that an internet service provider does not commit the offence by providing a means through which others can send, transmit or publish content that is capable of encouraging or assisting the serious self-harm of a person. Government amendment 17 adds “encouraging or assisting serious self-harm” to schedule 4 to the Modern Slavery Act 2015, thereby removing the offence from the ambit of the statutory criminal defence in section 45 of the 2015 Act.

• 24 Apr 2025 · Crime and Policing Bill (Tenth sitting) · Hansard source

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  Clause 76 aims to fill a small but important gap in the law on child abduction in relation to the detention of a child abroad without appropriate consent. It is already an offence, under section 1 of the Child Abduction Act 1984, for one parent, or person with similar responsibility, to take or send a child under the age of 16 out of the UK without the consent of the other parent or person with responsibility or of the court. In 2012, the court confirmed, in the case of Nicolaou v. Redbridge magistrates court, that it is not a criminal offence, for a parent who has consent to take a child abroad, to detain that child outside the UK for longer than the permitted period. In contrast, section 2 of the 1984 Act makes it an offence for a person other than a parent or person with similar responsibility to take or detain a child out of the control of any person entitled to lawful control, whether or not the child is taken out of the UK. The Law Commission, in considering Nicolaou in its 2014 report “Simplification of Criminal Law: Kidnapping and Related Offences”, concluded that wrongful retention of a child abroad by a parent or person with similar responsibility should be an offence. That is what the clause seeks to do. Disputes involving children retained abroad without appropriate consent can usually be resolved through civil dispute and family court processes, including under the 1980 Hague convention on the civil aspects of international child abduction, rather than criminal law. The new child abduction offence aims to supplement such civil dispute mechanisms where the force of the criminal law is required. Reunite International, the leading charity in this area, has called for legislative change to close the gap in the law, indicating that there appears to be an issue of children being detained abroad without appropriate consent. The charity says that about 40% of the cases to its helpline concern a child being wrongfully retained abroad. That suggests that parents realise that that is an easier route to abduct the child, with no criminal charges or police involvement. The purpose of the clause in filling that gap in the law is to add to the suite of measures available to deter parents from illegally detaining children abroad. In effect, it will mean that a parent or person with similar responsibility who has detained a child abroad without appropriate consent could face extradition to the UK and a criminal sanction if, or when, they return to the UK. Clause 76(2)(a) therefore amends section 1 of the 1984 Act to insert the new child abduction offence. That means that a person connected with a child under the age of 16 will commit an offence if the child is taken or sent out of the UK with the appropriate consent and, at any time after the child is taken or sent, the person detains the child outside the UK without the appropriate consent. In inserting the new offence into section 1, other minor amendments, detailed in subsection (2)(b), (c) and (d), and subsection (4), are required to the 1984 Act so that the provisions in section 1 and the schedule properly apply to the new offence in the same way as the existing section 1 offence. Additionally, since the new offence by its very nature takes place outside the UK, at subsection (3) an amendment is made so that the new offence is not carved out from having extraterritorial jurisdiction in the relevant circumstances. The clause will apply to England and Wales. The consent of the Director of Public Prosecutions will be required to prosecute, and the maximum penalty will be the same as that which applies to the taking or sending offence in section 1 of the 1984 Act, which is seven years’ imprisonment. We have given considerable thought to whether it is right to potentially criminalise a parent for detaining their child abroad and how that will impact on the safe and prompt return of the child. The new offence, however, will criminalise only parents who intentionally keep the child out of the control of the other parent. Other important protections are also built into the offence. For example, the detaining parent will not commit the offence if the other parent has unreasonably refused to consent. There is evidence that suggests that some parents are deliberately seeking to circumvent the law. We are therefore persuaded that it is necessary to fill the gap and to criminalise such behaviour. I stress again the importance of the Hague conventions as a route to ensure the safe return of children. The UK continues to work with other states parties to the 1980 Hague convention to improve its operation, including considering the impact of allegations and evidence of domestic abuse in judicial decision making. The new criminal law provision supplements the international civil remedies and deals with a small but important gap in the law. I commend the clause to the Committee.

• 24 Apr 2025 · Crime and Policing Bill (Tenth sitting) · Hansard source

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  I commend the clause to the Committee. Question put and agreed to. Clause 76 accordingly ordered to stand part of the Bill. Clause 77 Safeguarding vulnerable groups: regulated activity Question proposed, That the clause stand part of the Bill.

• 24 Apr 2025 · Crime and Policing Bill (Tenth sitting) · Hansard source

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  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.

• 22 Apr 2025 · Private Law Proceedings: Child Safety · Hansard source

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  As I have stated, the child’s welfare must be the court’s paramount consideration. The presumption of parental involvement states that a court should “presume, unless the contrary is shown, that involvement of that parent in the life of the child will further the child’s welfare.” I take this opportunity to state, however, that that applies only if the parent does not put the child at risk of harm. We will publish our review of the presumption in due course.

• 22 Apr 2025 · Private Law Proceedings: Child Safety · Hansard source

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  The welfare of the child must be the paramount consideration for family courts, which should follow the welfare checklist, as set out in the Children Act 1989. Our new approach to private law proceedings—the pathfinder pilot courts—focuses on problem solving, putting greater emphasis on the voice of the child, but we are acutely aware that more needs to be done.

• 22 Apr 2025 · Sentencing Guidelines (Pre-sentence Reports) Bill · Hansard source

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  Yes, they can.

• 22 Apr 2025 · Domestic Violence: Bail Conditions · Hansard source

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  I thank my hon. Friend for raising this important issue. Tackling violence against women and girls is not just a Ministry of Justice problem to fix, but a problem for every Government Department to fix. That is why I have met with my counterparts across the Departments, including in MHCLG, to discuss housing needs. We will be publishing our violence against women and girls strategy later this year, and I look forward to discussing it with him in due course.

• 22 Apr 2025 · Domestic Violence: Bail Conditions · Hansard source

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  This Government have committed to halving violence against women and girls in a decade. A broad range of bail conditions can be imposed to protect victims, including electronic monitoring for those who meet the remand threshold, exclusion zones and non-contact orders. Suspects can also be remanded in prison.

• 22 Apr 2025 · Domestic Violence: Bail Conditions · Hansard source

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  I thank the hon. Member for raising this important issue from her constituency. We know that more needs to be done in this area, and that is why this Government have started to roll out our domestic abuse protection orders to help victims of domestic abuse in selected areas. We are seeing how that goes. We are developing policy in this area to protect victims, and women and girls in particular. I would be more than happy to meet her to discuss what more we can do.

• 22 Apr 2025 · Topical Questions · Hansard source

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  I will happily meet the hon. Member to discuss her Bill and tackle this issue head on.