Crime and Policing Bill

Debate between Baroness Jones of Moulsecoomb and Baroness Doocey

Committee stage
Thursday 22nd January 2026 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

I thank the noble Baroness very much.

At the moment the rule of law is not for us all, as exemplified by the way we treat police in some cases. On pensions, why do the Government prefer decisions about pension forfeiture to be taken later behind closed doors rather than in open court, where reasons are given and can be tested on appeal? If a judge has heard all the evidence in a criminal case involving a police officer, and has seen the harm done and the abuse of trust, why do the Government think that a judge should have no say at all over a publicly funded police pension?

I ask this out of long experience. We have been told for decades now that existing systems are enough or that reforms are coming, and clearly that is not happening. I personally would like to see, instead of these little baby steps, a bold, straightforward move towards the kind of accountability that people can see and understand. Time and again, in cases of serious police misconduct, the consequences remain unclear and invisible to the public.

From the public’s point of view, the current system makes very little sense. Some serious criminal convictions of police officers fall outside the pensions rule altogether, simply because they do not meet a narrow legal definition. I would be grateful if the Minister could explain why judges who hear the evidence are excluded and why transparency in court is still seen as a step too far.

When this Labour Government got elected, I really hoped for some changes in the way that we apply a sense of fairness to the whole of our legal system. Quite honestly, they have disappointed me very badly. They are no better than this side of the Chamber. As the noble Baroness, Lady Chakrabarti, said, we have been waiting a long time for this, and a Labour Government should really put it right.

[Baroness Doocey (LD)]

My Lords, both these amendments seek to sharpen the consequences for police officers, serving or retired, who commit criminal offences. High-profile cases and damning reports have exposed toxic elements of policing culture, eroding public trust. Yet the vast majority of police officers do an excellent job and are let down by a small minority. Recent cases highlight public expectations that the law should rightly demand higher standards of personal integrity from police officers and, at the very least, adherence to the law of the land.

There is also no question but that public confidence in policing’s ability to police its own is fragile. While the latest figures from the Independent Office for Police Conduct show record high complaints, over a quarter of the public lack confidence in the organisation itself, most cannot even describe what it does, and nearly half distrust the police complaints system. That should give us pause for thought, because it is really quite serious.

When officers are seen to evade scrutiny or punishment, trust erodes further. This has major repercussions for those doing the job properly, because many members of the public then say, “Well, they’re all the same, aren’t they?” I fully accept the noble Baroness’s argument that more can and should be done.

Amendment 425 would create a rebuttable presumption that police service can be treated as an aggravating factor in sentencing. This rightly recognises the unique betrayal of public trust when those entrusted to uphold the law instead break it. However, I have a concern that in marginal cases, being a police officer could flip from helping to reduce the sentence, as somebody who has served the public, to becoming an automatic burden.

Amendment 426 goes further, granting courts the power to forfeit a sizeable chunk of an offender’s police pension. This could serve as a highly effective deterrent. However, I worry on two counts. First, it could discourage quality recruits, who fear that one mistake could destroy their and their family’s lifetime financial security. Secondly, it could entail taking away pension benefits that the officer has already earned fairly during what were presumably good years of service.

These amendments definitely merit serious consideration, but they also focus on symptoms rather than causes. From these Benches, we want to see the Government go further to strengthen the front line of police misconduct systems, with vetting that catches risks early and misconduct processes that are swift, transparent and trusted. Only then will sentencing reforms such as this land with any amount of force.

Crime and Policing Bill

Debate between Baroness Jones of Moulsecoomb and Baroness Doocey

Committee stage
Monday 10th November 2025 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I will speak to Amendment 55A, which is supported by StopWatch, a campaign organisation that is concerned with the use of stop and search. I disagree wholeheartedly with the noble Lord, Lord Blencathra.

Amendment 55A would require the Home Office to publish quarterly data on the issuing of anti-social behaviour orders and related injunctions. Specifically, it would ensure that these reports include the number of occasions when stop and search has been used by the police prior to the issuing of such orders, and the protected characteristics of those who have been issued with them. These powers can have serious and lasting consequences for those subject to them, particularly young people and those from marginalised communities. Yet at present, the public and Parliament have very limited visibility of how these tools are being applied. This would ensure transparency and accountability about how anti-social behaviour powers are being used across England and Wales.

We know from existing evidence that stop and search disproportionately affects people from black and non-white ethnic backgrounds. The Government’s own figures last year reported that there were nearly 25 stop and searches for every 1,000 black people and yet only around six for every 1,000 white people. There is a real risk that these disparities could be echoed or even compounded in the issuing of anti-social behaviour orders or injunctions. Without clear data, broken down with protected characteristics, we cannot know whether these concerns are justified, nor can we properly evaluate the fairness and effectiveness of the system. By requiring the Home Office to publish quarterly data, this amendment would bring much-needed transparency. It would allow Parliament, bodies with oversight and the public to monitor trends, identify disparities and ensure that anti-social behaviour powers are being used proportionately and appropriately.

The noble Lord, Lord Blencathra, is clearly very exercised about the use of resources. He actually said that more information does not reduce crime. I think that is probably completely wrong, because the more information you have, the better you can understand what is happening. So this is about good governance and evidence-based policy. If these powers are being used fairly, the data will confirm that. If not, then we will have the information necessary to take corrective action. Either way, the transparency will strengthen public trust in policing and the rule of law.

This amendment is about shining a light where it is most needed. It would do nothing to restrict police powers. It would simply ensure that their use can be properly scrutinised. I hope the Minister will agree that accountability and transparency are not optional extras in a just society; they are actually the foundations of it.

[Baroness Doocey (LD)]

My Lords, we support Amendment 55A in the name of the noble Baroness, Lady Jones of Moulsecoomb. She has already highlighted the importance of improved data collection around the use of anti-social behaviour legislation. This is essential because it is impossible to gauge the fairness or effectiveness of anti-social behaviour powers without adequate data and transparency.

We also support Clause 7. It is important to have more transparency around how these powers are used by local authorities and housing providers. The evidence is that they already have this information but are failing to share it. As a result, little is known about how these powers are being used in practice.

The charity Crisis wants the Government to go further by making this information publicly available. This would provide full transparency around patterns of anti-social behaviour and the powers used to tackle it. Is this something the Government might consider? Perhaps the Minister could let us know.

The police, too, must improve their recording practices around anti-social behaviour. A report last year by HMICFRS found that some forces’ recording is very poor, while others do not always record the use of statutory powers. We believe that transparency is key to ensuring that future orders are applied reasonably and proportionately, and to prevent discrimination.