Crime and Policing Bill

Debate between Baroness Chakrabarti and Baroness Levitt

Committee stage
Tuesday 9th December 2025 Lords Chamber

[Baroness Chakrabarti (Lab)]

Just because this is so important, and no doubt for our understanding, can I ask two questions? First, on there being no time limit, is that because there is some exception in the Magistrates’ Courts Act to the normal six-month time limit on summary conviction? Section 9(3)(a) of the Sexual Offences Act allows summary conviction, so this removal of the time bar must be somewhere either in the Sexual Offences Act or in the Magistrates’ Courts Act. My second question relates to Article 7. Of course, the prohibition on retroactive criminalisation does not apply when the crime in question would be thought of as criminal according to the laws of civilised nations. Of course, that was upheld as a principle when marital rape was finally criminalised in all these jurisdictions by the courts rather than by statute.

[Baroness Levitt (Lab)]

I will deal with my noble friend’s second point first. There are decisions of the domestic courts here that support the fact that you cannot bring prosecutions for what was the unlawful sexual intercourse offence under Section 6, nor can you even bring a prosecution for sexual assault based on the same facts, because that would transgress the prohibition in Article 7. As regards the time limit, Section 9 of the 2003 Act has no time limitations in it, which is the usual principle of criminal offences in this country, but for this tiny cohort of behaviour—it really is very small—you could not prosecute under Section 9 because of Article 7. Section 6 no longer exists, and you cannot get round it by using Section 9, but it really is a very small number of cases.

--- Later in debate ---

[Baroness Chakrabarti (Lab)]

I am so sorry to labour the point, but I think it is so important that we understand, and if it cannot be dealt with now, perhaps the Minister could write to the noble Baroness, Lady Brinton, and the Committee. I am looking at Section 9 of the Sexual Offences Act, on “Sexual activity with a child”, which I understand to be the section that the noble Baroness is seeking to amend in her amendment. Section 9(3)(a) allows summary conviction for that offence, and the maximum penalty is

“imprisonment for a term not exceeding 6 months”,

or the statutory maximum fine.

[Baroness Levitt (Lab)]

I am of course more than happy to write to my noble friend, and it must be my fault I am not explaining this properly. There is no time limit for prosecutions brought under Section 9 generally, unless it refers to particular behaviour—so that would be an offence committed against a girl aged between 13 and 15—that took place before the repeal of the 1956 Act and the bringing into force of the 2003 Act. You could not prosecute that under Section 9 because the time limit has expired for bringing it under Section 6, in the same way that you cannot prosecute for sexual assault for the same behaviour because you cannot bring a prosecution under Section 6. I had better write, because I can see from the puzzled look on my noble friend’s face that I have not explained it very well.