Crime and Policing Bill

Debate between Baroness Doocey and Lord Sandhurst

Committee stage
Thursday 27th November 2025 Lords Chamber

[Baroness Doocey (LD)]

My Lords, we welcome government Amendment 262, which recognises that cases of cuckooing often involve a complex web of coercive control. The person who seems to be in charge may actually be being manipulated or exploited by somebody else, and this addresses that complexity. However, while I understand the points made by the noble Lord, Lord Blencathra, and recognise all too well the potential life-changing harm caused by cuckooing, we are not minded to support restricting the trial venue in that way.

Magistrates’ courts provide quicker access to justice for victims and less delay than Crown Courts, particularly given the current backlogs. This is particularly important as cuckooing is linked to ongoing exploitation, with offenders often moving on to repeat the offence elsewhere, so fast action to stop the creation of more victims may in some cases be the more sensible option. Magistrates’ courts can also be less intimidating for vulnerable victims, supporting them to testify. Many other exploitation and safeguarding offences can be tried either way, allowing the specific facts of each case to determine the appropriate court. Imposing a blanket restriction on trial venue risks delaying justice, undermines established practice, and limits judicial discretion.

The pattern of coercion and control is at the heart of all these issues, whether we are talking about the exploitation of vulnerable children or adults. The evidence shows that women—as well as children—who are coerced into offending, often by traffickers or abusive partners, are in practice more often punished than protected. Too many victims of coercive control are still unfairly prosecuted for offences linked to their own abuse. Many female victims do not report to the police for fear of being criminalised, and that concern is well-founded. If, for example, drugs are being stored or grown in their flat, it is all too often the woman who is prosecuted. The statistics bear this out: around 70% of women in prison are victims of coercion or domestic violence.

Turning to the issue of coerced internal concealment, Amendment 259 links the new offences of causing internal concealment and cuckooing, making it clearer and easier to prosecute these serious and often related behaviours. Coerced internal concealment, whereby a person hides items such as drugs inside their bodies, is a particularly stark illustration of the abuse of power. Anyone who puts another person’s life at risk in this way should be subject to the harshest of penalties, so we support the introduction of this new offence.

I take this opportunity to raise an issue which, regrettably and surprisingly, remains absent from the Bill. In the past five years in England and Wales, a child has been subjected to an intimate police search every 14 hours on average. Black children are four times more likely to be strip-searched compared to their proportion of the population. Half these searches lead to no further action.

In opposition, the Government promised stronger regulation, including a statutory duty to notify parents, which should be the bare minimum. Although a consultation began in April 2024, there have been no firm proposals since, which is disappointing given an earlier commitment from the former Home Secretary to new mandatory rules and safeguards being

“put in place as a matter of urgency”.

That pledge followed a series of recommendations from the IOPC, including a call to amend the law so that police forces are required to make a safeguarding referral for any child subjected to a search involving the exposure of intimate parts. It also called for clearer guidance, enhanced training, greater consistency across police forces and, again, for these reforms to be implemented “quickly”.

Some 18 months later, some forces have improved practice and made more safeguarding referrals, but there is still no legal requirement. The Children’s Commissioner confirms that poor strip search practice is widespread and is not limited to any one force or region; failures include not having an appropriate adult present. Can the Minister confirm that a timescale is in place for the implementation of these recommendations? If not, will the Government consider amending the Bill to reflect the need for urgent action?

[Lord Sandhurst (Con)]

My Lords, I thank my noble friend Lord Blencathra for introducing his amendment. This is an opportunity to consider cuckooing more broadly.

We on these Benches recognise the need for a cuckooing offence, and we did so last year before the general election. I am glad to see that the Government are now following our lead. Data suggests that cuckooing offences have quadrupled in recent years; given that it is a crime largely associated with child exploitation, it is all the more pertinent that we tackle it head on now.

Children are used to conceal and traffic illegal drugs in order to fund the activities of criminal drug gangs. Some 22% of people involved in county lines drug trades are children—that is almost 3,000 vulnerable people under the age of 18 being made to do the dirty work for criminals. These county lines trades are often run out of the dilapidated homes of vulnerable people. Criminals appropriate and transform them to use them for their own ends. Children are ferried in and out; they are sent to similar locations all over the country. It is a very specific crime that requires a very specific law. We see force in my noble friend Lord Blencathra’s amendment, but we would not wish to tie the prosecutor’s hands.

Amendment 259, which addresses the offence of causing internal concealment, would prohibit cuckooed houses being used to house people who hide and then transport drugs. These people, as I have pointed out, are often children. Amendments 260 and 261 address that more broadly. Cuckooing—using children for criminal purposes—is a heinous and exploitative crime and it is right that it be given its own offence. However, while we welcome the Government agreeing to come with us on cuckooing, it is a shame that they have failed to address another root cause of the issue. As we have said, cuckooing is a crime primarily committed by gangs who co-opt homes to run their criminal operations. If you could break up those gangs, you would reduce cuckooing; the two feed off each other.

On the previous day of Committee, His Majesty’s Opposition had two amendments that would have done this. The first amendment would have created a statutory aggravating factor for gang-related offences. The second would have created an offence for specific gang-related graffiti. We appreciate the Government following our lead to create the offence of cuckooing, but if they are serious about this, they should do the same with gangs. Our measures would not, as some noble Lords suggested, criminalise fence-painting or church symbols. Neither is a gang sign. They would, however, deter gangs from their activities and lock up members who partake. This would be just as effective as this new offence.

Crime and Policing Bill

Debate between Baroness Doocey and Lord Sandhurst

Committee stage
Monday 10th November 2025 Lords Chamber

[Baroness Doocey (LD)]

My Lords, I do not intend to rehearse the arguments already put so effectively by my noble friend Lord Clement-Jones. Suffice to say that we on these Benches fully support Amendment 23, as £500 is an extortionate amount of money for the type of behaviour that fines are designed to address and will simply result in private companies making even greater profits than they do at the moment while pushing those already struggling further into debt. For these reasons, we have serious reservations about the implications of the amendments in the name of the noble Lord, Lord Blencathra.

The orders create a postcode lottery for victims. Charities warn that, in some parts of the country, orders are handed out like confetti. This undermines public trust by making enforcement dependent on the victim’s location.

Overall, the use of these powers needs to be subject to much stricter safeguards. The Government must ensure that there is proper oversight of their use and that the law is applied equally, openly and proportionately.

[Lord Sandhurst (Con)]

My Lords, I am grateful to all noble Lords who have contributed to this thoughtful debate on Clause 4 and associated amendments. The discussion has reflected the balance that must be struck between proportionate enforcement and ensuring that penalties remain effective and fair. As anti-social behaviour seems to be increasingly present on our streets, it is right that the clause is given careful consideration.

The noble Lord, Lord Clement-Jones, raised concerns in Amendment 23 about the overuse or inappropriate issuance of fixed penalty notices. Those are indeed legitimate points for consideration, and I am sure that all noble Lords agree that such powers should be exercised carefully and with a proper sense of proportion. Fixed penalty notices are designed and intended to deal swiftly with low-level offending without recourse to the courts, but they must always be used responsibly and in accordance with proper guidance. However, it seems that Clause 4(3) and (4) will help to act as a proper deterrent to anti-social behaviour, as they will play an important part in ensuring that the penalty levels remain meaningful. I look forward to hearing the Government’s thoughts on this matter.

I turn to the amendments in the name of my noble friend Lord Blencathra. We are grateful to my noble friend for his focus on practical enforcement. His Amendments 24 and 25 seek to strengthen the collection of fines by introducing automatic confiscation provisions and modest administrative charges for non-payment. It is right that those who incur penalties should expect to pay them, and that local authorities are not left to have to chase persistent defaulters at the public’s expense. We therefore view my noble friend’s proposals as a constructive contribution to the debate in order to ensure that enforcement is both efficient and fair.

The noble Baroness, Lady Fox of Buckley, has given notice of her intention to oppose the Question that Clause 4 stand part of the Bill. We respect this view, but we cannot agree to the removal of the clause. Clause 4 contains a number of sensible and proportionate measures that are designed to improve compliance and to strengthen the effectiveness of penalties. Many of these reforms build on the Criminal Justice Bill brought forward by the previous Conservative Government.

This debate has underlined the importance of maintaining confidence in the fixed penalty system, ensuring that it is used appropriately and enforced consistently. The system exists to fulfil the wider aim of upholding law and order in our communities. In these endeavours, we on our Benches will always be supportive.