Crime and Policing Bill

Debate between Lord Clement-Jones and Lord Davies of Gower

Committee stage
Monday 15th December 2025 Lords Chamber

[Lord Clement-Jones (LD)]

My Lords, I follow my noble friend Lady Doocey in this small but perfectly formed group of amendments. My Amendment 335 would mandate a statutory consultation on the guidance to accompany the new encouraging or assisting serious self-harm offences contained in Clauses 102 and 103.

On these Benches we welcome the underlying intention of Clauses 102 and 103 to implement the Law Commission’s recommendations for a broader offence covering encouragement or assistance of serious self-harm, expanding beyond digital communication to include direct assistance. However, offences that involve encouraging self-harm must be handled with the utmost care, given the vulnerabilities inherent in such cases. The critical issue here is the risk of inadvertently criminalising legitimate support services, which has been raised with us by a number of support organisations.

The offence requires a specific intention to encourage or assist serious self-harm. This is intended to ensure that charitable organisations and mental health professionals who advise sufferers on how to moderate or manage self-harming behaviour are not criminalised. My amendment addresses this directly by requiring the Secretary of State to produce guidance and consult extensively with representatives of self-harm support charities and organisations; mental health professionals, including those providing trauma-informed care; and legal experts—prosecutors and defence practitioners—regarding the application of the specific intent requirement. This mandatory consultation is essential, in our view, to ensure that the statutory guidance clearly differentiates between criminal encouragement and legitimate therapeutic activity. Without ensuring that this guidance is informed by experts and laid before Parliament, we risk confusion among front-line practitioners and the inadvertent penalisation of those working hardest to help vulnerable people. I hope the Government will give serious consideration to this amendment.

[Lord Davies of Gower (Con)]

My Lords, I fully appreciate the general principle behind these proposals. This is an incredibly serious subject, and I appreciate the sincerity with which the noble Baronesses have approached the debate.

On the amendment in the name of the noble Baronesses, Lady Doocey and Lady Blower, everyone wants to reach a scenario where all possibilities are accounted for, and there are no loopholes through which those who either encourage or abet self-harm can jump. It is for that reason that I cannot offer my support for proposed subsection (6) in the noble Baronesses’ amendment. First, I am sceptical of the need for more aggravating factors. The general offences that fall under loosely defined so-called honour-based abuse are crimes themselves, so I am unsure why there is a need to create an aggravating offence when a criminal will already be able to be tried for those offences individually.

Primarily, though, I do not think this is the right time to be incorporating new definitions into our legal framework. There is guidance for Crown prosecutors as to what might fall under honour-based abuse and examples as to how that might look, but it is yet to be enshrined in law and it is a rather broad and non-exclusive term within our law. That is not to say that it is not easy to spot—it often is—but it should have its own delineated legal definition before it is made an aggravating factor. I agree with the noble Baroness that honour-based abuse is an increasing issue that we must tackle head on, but that cannot be done with a single amendment. However, I offer my support to the principle behind proposed subsection (6)(b).

I welcome the sentiment behind Amendment 335 in the name of the noble Lord, Lord Clement-Jones. Policy rooted in pragmatism is crucial, and consultation and guidance are one of the primary ways to achieve that. The Government should base all the policy that they bring forward on the testimonies of people who dedicate their lives to the subjects that we legislate on, and that it is especially important for a policy in such a sensitive area as this. I hope the Minister agrees, and I look forward to her response.

[The Parliamentary Under-Secretary of State, Ministry of Justice (Baroness Levitt) (Lab)]

My Lords, I thank the noble Baroness, Lady Doocey, and the noble Lord, Lord Clement-Jones, for tabling Amendments 334A and 335 respectively.

I am aware of the cases that have motivated the desire to have an amendment such as Amendment 334A, and I completely understand; the stories that the noble Baroness outlined cannot fail to move anyone listening to them. Having said that, the Government will not be supporting either of these amendments today, for the following reasons.

I shall deal first with the amendment by the noble Baroness, Lady Doocey. When a defendant has previous convictions, including those relating to a history of domestic abuse, that is already recognised as a statutory aggravating factor in sentencing. In addition, aggravating factors that are associated with honour-based abuse, such as abuse of trust or targeting vulnerable victims, are already covered in the domestic abuse guidelines. The presence of aggravating factors such as these should therefore already result in the sentence reflecting those factors, and in my experience it always would. I agree with the noble Lord, Lord Davies, about not adding an ever-increasing list of statutory aggravating factors. This is certainly the third group of amendments that I have dealt with that has proposed different forms of offences.

On the second aspect of the amendment, proposed subsection (6)(b) raises a sensitive and important issue. The Government wholeheartedly agree that, when it can be proved that suicide was the result of abuse or encouragement, the abuser should be held accountable. There are existing offences that cover this situation, such as manslaughter or encouraging or assisting suicide offences, which have maximum penalties of life imprisonment and 14 years’ imprisonment respectively. However, imposing a requirement for the court to sentence the defendant in those circumstances as though they had been convicted of murder, when in fact they have not been convicted of murder, would be at odds not only with the current sentencing approach but with the principle that people are sentenced only for matters that have been proved to the satisfaction of the court. I also make the perhaps obvious comment that there is no range of sentences for murder; there is only one sentence, which is life imprisonment. For those reasons, amending Clause 102 in this way would not be appropriate.

However, I reassure the noble Baroness, Lady Doocey, that the Law Commission is currently undertaking a review of homicide offences and of sentencing for murder, and this will include a review of the use of, and the obstacles to using, manslaughter offences where abuse may have driven someone to suicide. I hope that the noble Baroness will understand why the Government are reluctant to make any piecemeal amendments in advance of the Law Commission reporting.

I turn to Amendment 335, from the noble Lord, Lord Clement-Jones. I thank the noble Lord for his welcome of the offence. As to the guidance that he proposes in the consultation, as many in this Committee are aware, I was principal legal adviser to a rather well-known former Director of Public Prosecutions—I spent five years working for the Crown Process Service—so it is important to me to emphasise that it is in fact for the independent Crown Prosecution Service to update guidance on prosecuting offences under this new provision. It may well be that many noble Lords know this but, while the statutory Code for Crown Prosecutors governs in general terms how prosecutors make decisions on which cases to prosecute and which not, sitting underneath that is a raft of legal guidance that is published and publicly available. It exists for two reasons: the first is so that members of the public can see the basis on which the CPS makes its decisions, but the second is so that the CPS can be held to account. If it fails to follow its own guidance, that will often provide a ground for challenging the decision made.

I understand that the noble Lord’s amendment aims to ensure that legitimate support or therapeutic activity is not criminalised, so I reassure him that the offence has been carefully drafted to avoid capturing vulnerable individuals or those providing mental health support. The offence as drafted in the Bill was recommended by the Law Commission in its 2021 malicious communications report and contains two key safeguards: first, that the person must intend to encourage or assist serious self-harm and without such intent no offence would be committed; and, secondly, that serious self-harm is defined as harm amounting to grievous bodily harm. These safeguards ensure that the offence targets only the most serious and culpable behaviour and protects those who are, for example, sharing personal experience or discussing self-harm but not encouraging it.

The offence also does not cover the glorification or glamorisation of self-harm. The Law Commission found that that was too broad and would potentially capture vulnerable people who might then be exposed to prosecution: so, taking on board the commission’s comments, the Government have not included that.

In our view, this approach ensures that the offence is necessary, proportionate and focused on genuinely harmful acts. There is also a further protection for the vulnerable, which is provided by the public interest stage of the full code test. This requires that, even where there is sufficient evidence, prosecutors must consider whether or not a prosecution is required in the public interest, and plainly the vulnerabilities of the potential defendant would come into play at that stage.

I hope that the reasons I have provided clearly set out why the Government do not support either of these amendments today, and I ask that the noble Baroness, Lady Doocey, and the noble Lord, Lord Clement-Jones, do not press their respective amendments.

Crime and Policing Bill

Debate between Lord Clement-Jones and Lord Davies of Gower

Committee stage
Wednesday 19th November 2025 Lords Chamber

[Lord Clement-Jones (LD)]

My Lords, the education of townies such as myself continues. I thank the noble Lord, Lord Brady of Altrincham, for his Amendments 214A and 438, which aim to deregulate sound moderators, muzzle brakes and flash hiders. It had not occurred to me that they would be caught by the legislation, so this measure, explicitly designed to alleviate the administrative burden on police firearms licensing departments without increasing risk or danger to the public, seems eminently sensible. Police resources are already stretched, and we are demanding an increased focus on neighbourhood visibility—we have talked about this during the passage of the Bill—so we support sensible deregulation that removes unnecessary bureaucracy without compromising public safety. We support these amendments.

[Lord Davies of Gower (Con)]

My Lords, this is a group of relatively straightforward and common-sense amendments tabled by my noble friend Lord Brady of Altrincham. It tends to carry out the Government’s own consultation results in a careful and measured way.

Amendment 214A, moved by my noble friend Lord Brady, is a simple procedural measure that implements the Government’s own recommendations. As my noble friend set out, this amendment would not impact, let alone endanger, the public. Sound moderators are inert objects that contain no moving parts. They do not enhance the ability of a firearm, nor is there significant evidence of them being used in crime. The Government have themselves concluded that removing regulation of them will not pose any risk to public safety. I understand the original logic of including them in many firearms regulations, but, in practice, it means that police firearms officers must now obtain a certificate. It is an administrative burden that is not necessary.

Amendment 438 acts much in the same vein. It would require a review of the administrative burdens that noise and flash accessories place upon the police. The Government’s own previous consultation on the latter demonstrated that there is scope here for reform; to expand that to cover other accessories seems a very logical step.

We should aim to remove bureaucratic and administrative hurdles wherever they appear. This is particularly the case for the police, as our forces are under strain. This measure is evidently a small reform among many that should be made and is based on the right principle.

Crime and Policing Bill

Debate between Lord Clement-Jones and Lord Davies of Gower

Committee stage
Monday 10th November 2025 Lords Chamber

[Lord Clement-Jones (LD)]

My Lords, I knew there was a reason why I was so nice about the earlier amendment from the noble Lord, Lord Blencathra. I am afraid we do not agree with Amendment 26. The amendment focuses on the power to issue closure notices, a measure which deals directly with the security of the home, which we believe is a fundamental right in our society. A closure notice is an extreme measure, and any power enabling the exclusion of a person from their residence must be subject to the highest legal scrutiny and strict proportionality, and we do not support the amendment.

Social justice groups consistently caution that new powers risk disadvantaging tenants and vulnerable groups. We must remember that, where these orders relate to social housing, they have the potential to render entire families homeless. We believe that the amendment would exacerbate that.

[Lord Davies of Gower (Con)]

My Lords, I thank my noble friend for his Amendment 26 to Schedule 2 to the Bill, which permits a registered social housing provider to issue a closure notice in respect of premises they own or manage, under the Anti-social Behaviour, Crime and Policing Act 2014. As my noble friend and other noble Lords have stated, a closure notice under Section 76 of that Act is a notice which prohibits a person from accessing specific premises. Currently, such a notice can be issued only by the police or the local authority, but Schedule 2 permits an RSH to also issue such notices.

My noble friend’s amendment would ensure that the RSH provider is able to issue a closure notice for an individual flat in the premises it is responsible for. Given that paragraph (2)(b) of Schedule 2 does not specify that fact, I look forward to the Minister’s answer and hope he might clarify that point.

Non-Consensual Sexually Explicit Images and Videos (Offences) Bill [HL]

Debate between Lord Clement-Jones and Lord Davies of Gower

3rd reading
Friday 7th February 2025 Lords Chamber

[Lord Davies of Gower (Con)]

My Lords, please allow me to express His Majesty’s Official Opposition’s strong support for this crucial Bill and to congratulate the noble Baroness, Lady Owen of Alderley Edge, on her determined leadership on this subject. This Bill represents a vital step forward in safeguarding dignity, decency and the fundamental rights of individuals in our society. This Bill will champion the right to privacy and change the law for the better, safeguarding women from exploitation.

Non-consensual sharing of sexually explicit images and videos is a modern technology-driven disease that has shattered lives and ruined reputations. It represents a grave affront to personal dignity and a betrayal of the trust that is often central to intimate relationships. The speed and reach of digital communication is truly frightening and has only exacerbated this harm, making it more urgent for Parliament to act decisively.

The Bill rightly strengthens our legal framework by ensuring that those who engage in this entirely unacceptable behaviour face the full force of the law. It makes it clear that consent matters and that, without it, the distribution or threat of sharing explicit material is a crime. We must also ensure that the criminal justice system provides meaningful support for victims.

Many individuals who have endured this type of abuse have spoken of the profound psychological and emotional toll that it takes. Please let us ensure that we do more than just criminalise this behaviour. Let us stand by the victims with the resources and support that they must be given to rebuild their lives. His Majesty’s Official Opposition believe in a society where people can live freely, safely and with dignity. The Bill furthers that vision. It ensures that our legal framework evolves, as it must, to meet modern challenges, while reaffirming the timeless principles of justice, accountability and respect for the individual.

Finally, I commend the noble Baroness, Lady Owen, and everyone involved, both inside and outside the Palace of Westminster, in bringing the Bill forward. We urge the House to support it wholeheartedly.

[Lord Clement-Jones (LD)]

My Lords, it is an absolute pleasure to take part in the Third Reading of this Bill. I give many congratulations to the noble Baroness, Lady Owen, on this rare and much-deserved victory with the contents of a Private Member’s Bill. She made a very generous comment about the Minister, and I failed to do so the other day. The noble Lord, Lord Pannick, paid tribute to the Minister. Even though he could not quite get over the line, at least some of the substance of the offence is there. I very much hope that that will remain in the Bill and that the noble Lord’s Commons colleagues will make sure of that. As we have heard in the debates on the Data (Use and Access) Bill, this is part of a wider battle against misogyny, and the noble Baroness, Lady Owen, has landed a really important blow in that battle.