Crime and Policing Bill

Baroness Doocey Excerpts

Committee stage
Tuesday 20th January 2026 Lords Chamber

Moved by

[Baroness Doocey]

421: After Clause 151, insert the following new Clause—
“Removal of Chief Constables(1) The Police Reform and Social Responsibility Act 2011 is amended as follows.(2) In section 38 (Appointment, suspension and removal of chief constables), after subsection (4) insert—“(4A) Before exercising the power under subsection (3), the police and crime commissioner must consult with His Majesty’s Inspectorate of Constabulary and Fire and Rescue Services, or relevant successor inspectorate.”.”Member’s explanatory statement
This amendment requires a Police and Crime Commissioner to consult with His Majesty’s Inspectorate of Constabulary and Fire and Rescue Services before calling upon a Chief Constable to resign or retire.

[Baroness Doocey (LD)]

My Lords, Amendment 421 is now a hot topic. The West Midlands Police chief constable has resigned, and the Government are pledging to restore the Home Secretary’s power to dismiss chiefs who “fail their communities”. Last week’s events bring the motivation behind this amendment into sharp focus, underlining the need to shield operational policing from political interference.

Contrary to some recent reporting, police and crime commissioners are not required by law to consult the police inspectorate before sacking a chief constable. Although they are expected to seek its advice, it is not a statutory duty. Amendment 421 would put that safeguard clearly into primary legislation, requiring HMICFRS to be consulted before a chief constable is removed.

When PCCs were created, they were given the power to hire and fire the chief officer, but concentrating that power in one pair of hands has had damaging consequences. Across England and Wales, around a quarter of forces now lose their chief constable every year—an astonishing level of churn for such a senior role. That is both wasteful of talent and destabilising for forces. Too often, these departures are driven not by incompetence or misconduct but by political disagreement, with some PCCs permanently in election mode and prioritising their own political agenda rather than responding impartially to the real policing challenges on the ground.

We must never reach a point where a chief constable fears upsetting the Home Secretary, or where any politician can bully a police leader to serve their own political ends. That would take us dangerously close to the American model of political control over policing. In the British tradition, officers swear allegiance to the Crown, not to any politician, and they are expected to act independently without fear or favour. It is a model that has stood the test of time, commands public confidence and deserves to be preserved. Although PCCs have used the formal Section 38 removal process only twice, several more have threatened to invoke proceedings, usually starting with suspension. In all these cases, this has resulted in the chief constable choosing to retire or resign rather than fight a public battle they are unlikely to win.

The Government now propose to move responsibility from PCCs to elected mayors, with council leaders taking the lead elsewhere through new policing and crime boards. On these Benches, we fear that this simply repeats the same mistakes in a different guise. The mayoral route in particular concentrates even more power in a single individual, often elected on a low turnout and with limited day-to-day scrutiny. What replaces PCCs must be better, not just different, and for the Liberal Democrats that means local police boards drawn from councillors and community representatives. Moving powers from one underscrutinised politician to another is not a solution.

Amendment 438EC would allow the Home Secretary to instruct a PCC to begin the dismissal process, effectively giving central government the power to fire chief constables. No individual, whether a PCC, mayor, council leader or Home Secretary, should hold unilateral power to dismiss a chief constable. Dismissal must remain possible where justified, but only through a fair and transparent process, with mandatory independent scrutiny.

That is the role of HMICFRS—to provide an external check, ensuring that decisions are based on competence, conduct and the public interest, not political convenience. I welcome the fact that the Home Secretary sought the inspectorate’s view in the West Midlands case, but that essential safeguard is missing from Amendment 438EC, which allows appointment of a person outside government or policing with too much scope for political influence, and only after the Home Secretary has already decided, making the process look uncomfortably like a rubber stamp. That is what Amendment 421 is designed to prevent.

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[Lord Hanson of Flint (Lab)]

I am grateful to the noble Baroness, Lady Doocey, for her amendment, which concerns the process by which police and crime commissioners may call on a chief constable to resign or retire. As the noble Lord, Lord Cameron of Lochiel, has mentioned, the Government’s intention is to replace police and crime commissioners with a mayoral model or, in some cases in which the mayoral model is inappropriate, with a policing board made up of local councillors, and that will be brought forward in due course. Further details will be set out again in the policing White Paper. The noble Lord, Lord Cameron of Lochiel, asked me when that would be produced. I say again to him the time-honoured phrase of “shortly”, but by shortly I do mean shortly; I hope he will not have too long to wait for the report be published as a White Paper. Self-evidently, it is a very complex document with lots of discussion items in it. Again, any legislative proposals in it will be brought forward when parliamentary time allows. I am not trying to short-change him, but we will give that detail in the near future.

As the noble Baroness has explained, the purpose of her amendment is to ensure that, before taking steps to dismiss a chief constable, a police and crime commissioner must first seek the views of HMICFRS. I agree that this is a desirable approach, and I am pleased to tell your Lordships that this is already in place as a requirement. The noble Baroness should know, and I hope that it is helpful to her, that under Section 38(3) of the Police Reform and Social Responsibility Act 2011, PCCs may call upon the relevant chief constable to resign or retire. Before exercising this power, and under regulation 11A of the Police Regulations 2003, police and crime commissioners are required to seek the views of HM inspectorate in writing and provide them to the chief constable and the relevant police and crime panel, alongside their rationale for why the PCC is proposing to call for retirement or resignation. I appreciate that it is a confusing landscape to have regulations under the Act and under police regulations. However, the position currently is there in black and white, and what her amendment seeks to do is already enshrined in law.

The noble Lord, Lord Walney, is not in his place so I will not say too much now, if anything, about Amendment 438EC. However, because it was raised by the noble Lord, Lord Cameron of Lochiel, I want to place on record for the Committee the fact that the Home Secretary has already announced the Government’s intention to reintroduce the Home Secretary’s power to remove chief constables. It has been a difficult few weeks in the West Midlands and, following the changes that were mentioned by the noble Lord, Lord Cameron of Lochiel, it has highlighted the absence of such a power allowing the Home Secretary to act. We believe that action is needed, and I can assure your Lordships that this is high on the Government’s agenda. The White Paper is due in very short order. It will set out exactly the Government’s intentions in this regard and will be followed by legislation as soon as parliamentary time allows, because we need to make changes on a range of matters, not least the abolition of PCCs. I look forward to debating this with noble Lords across the House. However, if the noble Baroness accepts that, difficult though they are to find, the regulations and the requirement are there, I hope she will be able to withdraw her amendment for the moment. I look forward to further discussion when the other matters come before the House at some future point.

[Baroness Doocey (LD)]

In view of what the Minister has just said, I beg leave to withdraw the amendment.

Amendment 421 withdrawn.

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[Lord Jackson of Peterborough (Con)]

My Lords, forgive me, if I can beg your indulgence. In order for there not to be any confusion, I neglected to advise the Committee that my brother is a serving Metropolitan Police officer. I should have mentioned that earlier.

[Baroness Doocey (LD)]

My Lords, these three amendments raise a difficult but important question: how should the law treat the use of lethal force by authorised firearms officers so as to protect both the public and those officers who act in good faith in dangerous situations?

Amendment 422 would make it clear in the Police (Conduct) Regulations that when an officer uses force based on a mistaken belief, that belief must be both honestly held and objectively reasonable. This reflects the Supreme Court’s decision in W80 and would give bereaved families, and communities that often feel over-policed, greater clarity and confidence in the system.

Amendment 423A would update Section 76 of the 2008 Act so that force used by an authorised firearms officer could never be treated as reasonable if it was grossly disproportionate to the situation as they saw it. That would set a clear upper limit on what can count as lawful force, drawing a boundary beyond which self-defence cannot reach, however real the threat appears.

From these Benches, we understand the intentions behind both amendments: the first writes the W80 test into disciplinary rules; the second provides clearer statutory guidance in firearms cases.

Amendment 423 goes further. It proposes that if an authorised firearms officer kills someone while acting under an honest but mistaken belief that the force used was necessary and reasonable, the conviction should be manslaughter rather than murder. We are concerned that this would, in effect, create a special route from murder to manslaughter for authorised firearms officers, one not available to others who also face life-and-death decisions.

When police use potentially unlawful lethal force, there must be full investigation, prosecution where appropriate, and robust disciplinary proceedings. The central question, then, is whether these amendments strike the right balance between public accountability and fair protection for officers who must make split-second decisions in life-threatening situations.

[Lord Cameron of Lochiel (Con)]

My Lords, Amendment 422 in the name of the noble Baroness, Lady O’Loan, has had a detailed introduction, and I would like to abbreviate my remarks as a result.

The issue under consideration in that case was whether, in police disciplinary proceedings, a police officer could have a finding of misconduct against them if their use of force was found to be honest and mistaken but unreasonable. Ultimately, the Supreme Court ruled that the appropriate test was the civil law test and that an honest but mistaken belief that the use of force is necessary is justification for that use of force only if the belief is objectively reasonable.

Amendment 422 would place that judgment into statute. Regardless of the merits or otherwise of the Supreme Court’s ruling on whether the criminal or civil test should be applicable, I am not convinced that it needs to be codified into statute, because there now exists relevant case law at the highest level which can be applied by the IOPC and the courts in the future. It is not clear to me what benefit there would be in placing this into the regulations.

I would like to concentrate my remarks on Amendment 423 in the name of the noble Lord, Lord Carter of Haslemere, because I want to express my strong support for it. I believe firmly that we must support our armed police officers who regularly put themselves in danger. This amendment presents an opportunity to do that. It would create a defence to a charge of murder for authorised firearms officers who used lethal force in the honest but mistaken belief that such force was necessary and reasonable and convert a conviction for murder into manslaughter.

Crime and Policing Bill

Baroness Doocey Excerpts

Committee stage
Tuesday 9th December 2025 Lords Chamber

[Lord Blencathra (Con)]

My Lords, I think we all welcome the concept of Clause 82, because it provides a significant step forward towards justice for survivors of child sexual abuse. By removing the limitation period, the provision acknowledges the unique barriers facing victims in coming forward after many years of abuse.

Let us be clear: we all agree that child sexual abuse is a crime marked by profound trauma, secrecy and manipulation. As the noble Baroness, Lady Brinton, pointed out, survivors often require years, possibly decades, to process their experience and feel able to seek justice. The limitation periods, while serving certain legal purposes, have historically denied victims their day in court. The removal of this barrier is a recognition of the lasting impact of abuse and the difficulty in disclosing it. I therefore cannot understand this “get out of jail free” card to permit a defendant to avoid liability on the grounds of substantial prejudice. In my inexpert, non-legal opinion, it risks undermining the legislative intent and perpetuating injustice, and it would send a message contrary to the spirit of the clause.

While the possibility of prejudice to defendants—such as faded memories, lost evidence or deceased witnesses—is real, it must be weighed against the injustice suffered by survivors who have been unable to seek redress due to the limitation period. I think all noble Lords here of a legal bent would say that our courts are perfectly well equipped to assess evidence, account for gaps and determine credibility, even in historic cases. The link of prejudice can be mitigated through fair trial procedures and should not override the fundamental right of survivors to have their claims heard.

We as legislators must ensure that perpetrators of child abuse are held to account, regardless of the time elapsed. Dismissing claims on the basis of substantial prejudices would not only deny justice to individuals but would undermine public confidence in the legal system’s ability to deal with some of the most serious wrongs to our children that we have witnessed over the last 30 years. It would risk protecting abusers from scrutiny, contrary to the principles of transparency and accountability.

To conclude, courts must prioritise the rights of survivors and the public interest in accountability, ensuring that the defence does not become a loophole that perpetuates injustice. Therefore, I support the probing amendment in the name of my noble friends and the noble Baroness, Lady Brinton.

[Baroness Doocey (LD)]

My Lords, on these Benches we recognise the purpose of time limits and we recognise the right to fair trial, but survivors of child sexual abuse should not be barred from justice simply by the passage of time. The difficulty lies, of course, in striking that balance. At the moment, too many claims with merit are rejected at the outset or, more often, not brought at all. Clause 82 is therefore welcome in principle, yet new Section 11ZB(3) then proceeds to undermine it, mandating dismissal if defendants can show “substantial prejudice”—a vague term undefined in the Bill, which, as my noble friend Lady Brinton said, may be appealing to defence lawyers. A court already has the power to dismiss a case if it believes that the defendant cannot receive a fair trial, so we find it difficult to understand the justification for this extra layer of protection. The inclusion of this provision risks effectively undoing all the good work of the clause. Amendment 289 would close that escape hatch, ensuring that it brings meaningful change. I urge the Government to reconsider in the light of this amendment.

[Lord Pannick (CB)]

I add my voice to what has been said by the noble Baroness, Lady Doocey, and the noble Lord, Lord Faulks. The fundamental principle is set out in new Section 11ZB(2): if the defendant cannot have a fair trial, the hearing cannot proceed. The gravity of the allegations and the public interest demand that there be no hearing, notwithstanding the damage that this causes to the unfortunate alleged victim. I entirely agree that new Section 11ZB(3) confuses the position; it introduces uncertain concepts and will inevitably lead to unhelpful litigation.

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[Earl Attlee (Con)]

My Lords, I speak in strong support of the amendment from the noble Baroness, Lady Brinton. I do not know whether it is necessary. I declare an interest as a victim. My concern about the historic sex offences is the prison population. We have large numbers of historic sex offenders in prison. It creates great problems for the Prison Service. However, a custodial sentence is the only sensible disposal. We need to work out what to do with historic sex offenders within the prison system.

[Baroness Doocey (LD)]

My Lords, my noble friend Lady Brinton has made a powerful case for removing the limitation period. The Government have already signalled a willingness to act, so objections are likely about timing rather than policy—at least, I hope that is the case.

The amendment would align the law with what Parliament has already accepted, which is that child sexual abuse is distinct from other offences. This is a crime defined by secrecy, grooming and a stark power imbalance. We know that victims often take decades to come forward, so allowing offenders to shelter behind time would reward fear and coercion.

Amendment 293 provides clarity for all parties—victims, police, prosecutors and, indeed, defendants. It removes the scope for technical argument about whether a particular course of conduct falls outside time and instead focuses everyone on the core question, which is whether the evidence available can support a fair trial. It also brings coherence. Across the system, we are rightly moving away from arbitrary cut-offs that prevent past abuse ever being heard in court. The amendment is a modest step in the same direction in accordance with the recommendations of inquiries and the expectations of survivors.

There must be no time bar on prosecuting sexual activity with a child. If we are serious about saying that such conduct is never acceptable, surely we should also be serious about saying that it is never too late to pursue justice for it. The amendment achieves that and warrants the support of the Committee and the Government.

[Lord Cameron of Lochiel (Con)]

My Lords, I am very grateful to the noble Baroness, Lady Brinton, for bringing forward the amendment. Obviously, victims of child sexual offences should always be able to seek justice, no matter how long it takes them to come forward.

We absolutely understand and respect the intention behind this proposal. Many survivors of abuse do not feel able to disclose until years—sometimes decades—after the offence, and there is a very real sense of injustice when the law appears to stand in the way of accountability.

However—and on this point I side with my noble and learned friend Lord Garnier—I think there exists no limitation period for offences that would occur under Section 9 of the Sexual Offences Act. The Limitation Act 1980 applies only to civil cases, and indictable criminal cases do not have general limitation periods in England and Wales. As offences under Section 9 of the Sexual Offences Act are indictable only, we do not think the amendment is strictly necessary, despite the fact that it pursues a very noble aim. While sympathetic, therefore, to the principle—

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[Baroness Gohir (CB)]

I too would like to thank the Government for these amendments, because helplines have seen a rise in non-fatal strangulation offences, and not everything gets reported to the police. We have seen a rise at the charity that I run, the Muslim Women’s Network helpline. Research shows that if a victim is subject to a non-fatal strangulation, they are seven times more likely to be a victim of domestic homicide. Analysis of the domestic homicide data shows that strangulation is one of the two main methods of killing women. I hope that the long-term trend, once these amendments are introduced, will be a decline in these types of offences being reported on helplines. I commend the Government.

[Baroness Doocey (LD)]

My Lords, these dangerous practices of strangulation and suffocation are often used to control, intimidate and silence in domestic abuse situations. The growing normalisation of strangulation during sex risks giving abusers a veneer of acceptability and a false sense of impunity. Strangulation was the cause of death of over a quarter of the women killed between 2014 and 2025—about 550 in total. In that context, the case for criminalising such images is compelling. Mainstream platforms must be put under a duty to remove this material or face sanction.

The related amendments in this group are welcome, in order to ensure that the new offences operate coherently across England and Wales, Scotland and Northern Ireland. We on these Benches very much support this group of amendments, which sends a clear signal that such material is totally unacceptable.

[Lord Cameron of Lochiel (Con)]

I thank the Minister for tabling this group of amendments, and I am happy to offer the support of these Benches. The criminalisation of strangulation in pornography is part of a wider initiative that has been championed across the House and discussed today, particularly on this side by my noble friend Lady Bertin, but by many others as well.

The prevalence of strangulation in pornography and the harm it causes are very clear. Distributing such material is already illegal offline; the fact that its online equivalent is not is a gap in the law, and these amendments correct that. They close that gap and prohibit the distribution of a practice that is both dangerous and extreme. I know that there are reports from some GPs of an exponential rise in incidents of non-fatal strangulation and suffocation among younger generations, which they largely attribute to pornography; the least we can do is to provide restrictions on dangerous content that should not be normalised. As has been said, distributing non-fatal strangulation images is unlawful offline; it makes little sense that that is not replicated in our online legislation. This group aims to correct that, and I willingly offer the support of these Benches.

Headingley Incident

Baroness Doocey Excerpts

Wednesday 30th April 2025 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

I can give the assurance the noble Lord seeks. I will certainly make sure that the comments he has made are fed back through the appropriate channels. I agree with the point he is making; it is important that the local community feels reassured.

[Baroness Doocey (LD)]

My Lords, I also send our best wishes, from these Benches, to the people who were injured. It must have been such a dreadful shock, and our hearts go out to them. I also welcome the Government’s recent amendments to the Crime and Policing Bill on crossbows. The Liberal Democrats have long called for these, and I hope that the upcoming consultation findings can kick-start a further conversation about the need for full licensing and a registration scheme for crossbows. Firearms in the UK require strict licensing, police checks and registrations, with severe penalties for unlicensed possession. In contrast, adults can buy and own crossbows without any license, registration or police oversight. Does the Minister agree that there is an urgent need to tighten the law, particularly around high-powered crossbows with limited legitimate sporting use, which are so easy to obtain and are available online as we speak?

[Lord Ponsonby of Shulbrede (Lab)]

I thank the noble Baroness for those questions. I can confirm that amendments will be tabled to the Crime and Policing Bill to strengthen the verification controls. I can also confirm that we will publish the review shortly, which will look at how to address this issue. As the whole House will know, there have been a number of these attacks in recent years and, as the noble Baroness rightly says, these types of weapons are available online. We do not know how many are owned in the country; of course, they are much more powerful than they were 10 or 20 years ago. It is a problem which the Government are very aware of and we will publish some recommendations soon.