Crime and Policing Bill Debate

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Department: Ministry of Justice

Crime and Policing Bill

Lord Sentamu Excerpts
Baroness Levitt Portrait Baroness Levitt (Lab)
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I have already said that I have heard, and indeed share, the anger and frustration in Committee. I may not have been in your Lordships’ House for that long, but I have not been living underneath a stone. Given my previous existence, I am acutely aware of these debates. What is obvious to us all is that, however well-intentioned past attempts have been, these things are still happening. If we want them to stop, we have to do something about them. I do not believe I can go further than I have at the moment; all I can say is that the will is there.

Lord Sentamu Portrait Lord Sentamu (CB)
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During Robert Runcie’s time in the Church of England, he was exasperated that when matters became very difficult, the General Synod was called to set up a committee. He saw the setting up of committees as a postponing of a decision that ought to be taken. These inquiries keep going on and on. Given the Government’s machinery and lawyers, I do not understand why this could not be looked at before Report.

Baroness Levitt Portrait Baroness Levitt (Lab)
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I have already answered that, I am afraid. With the greatest of respect to the noble and right reverend Lord, I cannot give that commitment today, but he has heard what I have said.

Crime and Policing Bill Debate

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Department: Home Office

Crime and Policing Bill

Lord Sentamu Excerpts
Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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The wording in the Bill is the wording the Government have agreed. That is the position that we have taken. We may have a disagreement on that. If my noble friend wishes to put an amendment down on Report to change that wording, that is a matter for her. She has made a further suggestion about a further defence. Those are matters that I suggest should be considered by the noble Lord, Lord Macdonald of River Glaven. If she wishes to expediate that quickly, she has the opportunity along with anybody else to table an amendment on Report. But the Government have given serious consideration to this and Clauses 118, 119 and 120 are the result of those considerations. They are at the request of the police, they are proportionate, and they are, in my view, compliant with human rights. I commend them to the House and in a gentle way urge the noble Baroness, either today or in the future, not to seek to withdraw them.

Lord Sentamu Portrait Lord Sentamu (CB)
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I happen to support these clauses, but I have the same concern as the noble Lord, Lord Pannick, that this has been drawn rather too narrowly and there may be areas that may have to be considered.

Secondly, the noble Lord is quite right: the clauses give this power to the police to prevent crimes being committed. What happens if the police get it wrong? We all know what happened with the sus law and reasonable grounds to suspect: they suspected and stopped people again and again, and nothing was actually worth suspecting. I do not want an answer; I want the possibility of considering what will happen if the police get it wrong. We have the Birmingham question still; I do not want to talk about it, because there are inquiries going on. What measures does the noble Lord want to address the particular conundrum that is there?

Lord Hogan-Howe Portrait Lord Hogan-Howe (CB)
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My Lords, I add this, to save time. I know people are trying to expand the number of conditions, but I would like us not to run away with the assumption that the work face mask makes sense. Intuitively, it does, but I do not understand the paint sprayer who is at a protest wearing their mask. They are either at the protest or at work; I am not sure why they are wearing the mask at the protest. I do not understand that juxtaposition, and it may be for the noble Lord, Lord Macdonald, to consider as well.

Crime and Policing Bill Debate

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Department: Home Office

Crime and Policing Bill

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Lord Blencathra Portrait Lord Blencathra (Con)
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My Lords, I support my noble friend’s Amendment 411, because it brings clarity and accountability to the exceptional power in Section 60 of the Criminal Justice and Public Order Act 1994. This is not a call to strengthen police powers; it is a call to describe them accurately, so the public understand their narrow scope and the safeguards that constrain them.

Section 60 is triggered only when

“a police officer of or above the rank of inspector reasonably believes”

one of a small number of factors: that incidents of violence may take place in a locality; that a weapon used in a recent incident is being carried locally; or that people are carrying weapons without good reason; and that there has already been an incident of serious violence. The statute requires the authorisation to be for

“any place within that locality for a specified period not exceeding 24 hours”.

These are tight operational limits.

Changing the definition from “serious violence” to “violence” keeps all the safeguards that make this power exceptional rather than just routine: the inspector-level threshold; the written and recorded authorisation; the geographic and temporal limits; the ability to seize weapons; and the requirement to provide records to those stopped. Those are not peripheral details; they are the legal guardrails that protect civil liberties while enabling targeted public safety action.

I simply ask: where is the dividing line between violence and serious violence? If someone gets stabbed multiple times and it is life-threatening, we would all agree that is serious violence, but what about the person who gets stabbed once and suffers a non-life-threatening cut? Is that merely violence and so does not count? That is why we have to change this definition to any violence, no matter how serious it may be called. This is not a wide-ranging opening of the stop and search powers applying everywhere for all time. Using “violence” in operational documents with an explicit cross-reference to the Section 60 triggers reduces confusion with broader strategic programmes labelled “serious violence”. It prevents the normalisation of suspicionless searches and makes it easier for Parliament, oversight bodies and the public to scrutinise each authorisation against the statutory test.

This amendment is modest, practical and proportionate. It highlights the statutory safeguards and does not remove any of them, but it gives the police a sensible power to save lives and prevent injury where they think that there may be more violence. I urge the Committee and the Minister to support Amendment 411.

Lord Sentamu Portrait Lord Sentamu (CB)
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My Lords, I agree with the wording as it is in the Bill. The word “serious” is quite important. Stop and search, particularly in the London area, has been abused. You are supposed to stop somebody because of “reasonable” grounds to suspect, but as somebody who was stopped and searched six times, and every time I did not have anything they thought I would have, I see it as a sort of overpolicing.

It is a pity that the noble Lord, Lord Hogan-Howe, is not here, because when he became the chief police officer in this place, he realised that some of this was not working and was antagonising communities, not delivering the result that was expected. The Bill is worded in terms of “serious”; the amendment tries to lower the threshold. As the intention of the Bill is to stop serious crime, “serious” to me is quite important. I do not support the amendment and would like to retain the wording in the Bill.

Crime and Policing Bill Debate

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Department: Home Office

Crime and Policing Bill

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Lord Phillips of Worth Matravers Portrait Lord Phillips of Worth Matravers (CB)
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My Lords, this is not a small matter that we are debating. I have listened to both sides of the argument. The argument in favour of these stand part notices was made in detail, initially by the noble Lord, Lord Black, and was then supported by the noble Baroness, Lady Cash. I listened to those submissions, and they strongly reflected my own. I asked myself: is there anything I can usefully add? I do not think there is, but we are dealing with a matter of high principle. The noble Baroness, Lady Cash, reminded us of the statement that hard cases make bad law. What we have heard in opposition to these stand part notices exemplifies that proposition. We are dealing with a very important matter, and we should not allow a few hard cases to make bad law.

Lord Sentamu Portrait Lord Sentamu (CB)
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My Lords, I find myself persuaded by the noble and learned Lord, Lord Garnier. This is a moment when, as legislators, we have to pause and ask where the balance really lies. For me, this is not an either/or. When legislators try to legislate, they must not pass the burden of coming to terms with difficult conundrums to someone else to resolve. I would be quite unhappy if we were to leave it to the judge to decide. If they go for anonymity, the courts could then be seen by some people as being on the side not of the citizen but of a few. We have to resolve this and come to a common mind on where we think this should be done. It seems to me that we should not burden the courts with coming to a decision. Legislators should make up their minds on what way they want to go.

I am persuaded by the arguments of the noble Lord, Lord Hogan-Howe. I have always been in favour of open courts, trial by jury and no citizen being above the law. We should all have equality before the law, but that argument can sometimes, unfortunately, ignore circumstances that need to be differentiated—not because you do not want fairness and equality but because, if you blindly go down a particular road, you may cause a greater injustice. That is why I am not in favour of people who are so moralist and who keep to their morals: if you are not careful, you could end up with an injustice.

To those who oppose these clauses and to the Government, who bravely want to put this particular way of doing it in the Bill, I suggest that a further conversation needs to be had. How do we resolve this? Clearly, some of us—and I am one of them—would like to defend police officers who have to decide in a split-second to do something, without a lot of thought. They see a danger and they want to neutralise it—not like in Minnesota, where I do not think there was any danger; I would not want to defend those kinds of actions. The noble Lord, Lord Hogan-Howe, has given us the figures, and actually the statistics are very low. In the unfortunate cases where this has happened, most of our armed police officers are disciplined and well trained. However, in life, you always end up with risks you did not anticipate.

I would want to go the way that the noble Earl, Lord Attlee, argued for—that if somebody took a decision because they saw greater danger and they took somebody out, I can tell you, the media and other people will focus on their family, not on the decision that was taken. We who are legislators cannot ignore the difficulty that that raises for families.

I do not think that volunteers will disappear immediately if these clauses are not part of the Bill. I still think there are people who, for the sake of security and the well-being of society, will continue to volunteer—but you are going to make it more difficult. I plead with all of us in that regard. The noble and learned Lord, Lord Garnier, has encapsulated my thoughts on this but I am still in a quandary: will I vote for this or for that? I just hope that the mover of this stand part notice will withdraw it, knowing that Report is still to come, so that it is a clear conversation, and then we can all make up our mind where this is going to lie.

Earl Attlee Portrait Earl Attlee (Con)
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My Lords, can I just make an observation that the question is whether we agree these clauses in the Bill or not? If we do not agree the clauses in the Bill, they will fall out of the Bill and then we cannot consider them at a later stage. If we want to consider them at a later stage, we must agree them today.

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Baroness Brinton Portrait Baroness Brinton (LD)
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My Lords, we on the Liberal Democrat Benches are grateful to the noble Lady Baroness, Smith of Llanfaes, and the noble and learned Lord, Lord Thomas of Cwmgiedd, for tabling Amendments 433 and 434, and to the noble Lord, Lord Hain, for adding his name to Amendment 434. These amendments relate to the devolution of policing and youth justice to Wales.

My noble friend Lady Humphreys has signed both amendments as they agree with Lib Dem policy and our ambitions for Wales, but, unfortunately, she cannot be in her place today. Our manifesto for the general election in 2024 promised to:

“Deliver a fair deal for the people of Wales by … Devolving powers over youth justice, probation services, prisons and policing to allow Wales to create an effective, liberal, community-based approach to policing and tackling crime”.


To the disappointment of many in Wales, the issue of devolving justice to Wales was absent from Labour’s general election manifesto, despite Keir Starmer committing a year before, in 2023, to introducing a take back control Bill to devolve new powers to communities from Westminster. This commitment appears to apply to England only, and gradually, over the months since the election of the Labour Government, their lack of ambition for Wales has become more apparent.

After the State Opening of Parliament in 2024, there was no new mention of new powers for Wales in the King’s Speech. In July 2025, the noble Lord, Lord Timpson, said that the UK Government could row back on its promises on the devolution of probation and youth justice, despite the Welsh Government beginning the groundwork to prepare for what they believed to be a realistic project.

Noble Lords have raised queries about the consequences of the decision taken by the Government in November last year to abolish police and crime commissioners—a decision that those of us on these Benches applauded. At the time, noble Lords from Wales were concerned about the lack of clarity on the Government’s plans for the transference of the PCCs’ functions to Wales. The assumption was that the functions would transfer to mayors in England and to the Senedd in Wales. However, far from providing clarity, the answers they received amounted to pure obfuscation. Now we learn, in what could be described as a slap in the face to the Senedd, that the functions of the PCCs are to be transferred to a new board, placing the Welsh Parliament on the same level as a non-mayoral authority in England.

On these Benches we understand the difficulties so ably clarified by the noble and learned Lord in his contribution to the Sentencing Bill of devolving just one part of a system. But where has English Labour’s ambition for Wales disappeared to? For all the platitudes about mutual respect and co-operative working, the disrespect is beginning to show, sadly. Where is the recognition that Wales has been ready for the devolution of the justice system for the last 25 years at least, and where is the road map for our two nations to achieve that together?

Lord Sentamu Portrait Lord Sentamu (CB)
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My Lords, I do not come from Wales. I am speaking because I have sympathy, and I have friends there. I remember somebody asking me, “Are you evangelical or Anglo-Catholic?” I said, “Catholic, yes; Anglo, no”. Wales may sometimes feel it is singing that song.

The devolution of justice and policing to Wales are two sides of one coin, as the noble and learned Lord, Lord Thomas, said. To those who tabled Amendments 433 and 434—the noble Baroness, Lady Smith, the noble and learned Lord, Lord Thomas, and the noble Lord, Lord Hain—I simply ask one question: if policing and youth justice, this one coin with two sides, are devolved to Scotland, why not Wales?

Crime and Policing Bill Debate

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Department: Home Office

Crime and Policing Bill

Lord Sentamu Excerpts
Lord Stevens of Kirkwhelpington Portrait Lord Stevens of Kirkwhelpington (CB)
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My Lords, I, too, support this amendment, following on from what both noble Lords have said. Policing is a difficult, dangerous and stressful task. I have for many years referred to police officers as the men and women who are the dustbin collectors of society. They will go where other people do not want to go. I take my information source beyond those whom the noble Lords have mentioned. My son did 32 years in the police service. He has just retired as a senior detective, running one of the most difficult parts of the Metropolitan Police, and he now has a very senior role in government. Over the last two to three years, he and his friends have reported how people are either thinking about committing suicide or have attempted suicide, and in his command over about 18 months two committed suicide.

Whether and how you deal with a suicide is a difficult question. It is sensitive information. People shy away from it, understandably, but there is no doubt that we have a suicide problem in policing. My 30 years’ experience of Northern Ireland was in taking people into the most difficult situation in policing that has ever been undertaken—more of that later, no doubt, at the public inquiry, with what has been disclosed recently. Out of 28 people, all hand-picked, who went into Northern Ireland on the so-called Stevens 1, four of them never came back to policing. Two of them were thinking of committing suicide and I referred them to the force medical officer. Those people never reached the statistics.

Like my noble friend Lord Hogan-Howe, I was an inspector of constabulary for nearly two years, inspecting many forces across the country, from the largest to the smallest. One of the most important roles of the inspectorate in that case—we have discussed this—was that we went and looked at the sickness rates of a force. If we found that the sickness rates were very high, performance and morale were low. We would dig deeper, but it was difficult to find out where suicide played a role or if it played a role at all. We have a problem here and I say to the Minister, who is always supportive, that this may well be a nudge in the right direction.

Some of us, as old men do, have dinner parties or meet up for a glass now and again, and the information that I am getting from my old colleagues and current colleagues, who I have to keep in contact with because of the activities that we are now about to be involved in in relation to Northern Ireland, is that there is a problem. I can understand why some chiefs would shy away from that. We have a police commissioner here who did a superb job—not many of them do or did, but he did—and if you listen to what my noble friend Lord Hogan-Howe has to say and to my information, we need to do something.

Maybe this amendment is too long and complex for it to stand the test of examination, but there is an amendment further on, submitted by my noble friend Lord Hogan-Howe, which is short, sharp and to the point. It holds the kernel of what we are dealing with. I support the amendments, including the final amendment, whichever way my noble friend Lord Hogan-Howe wants to go. Let us have a look at it. What is there to hide behind these figures? Why has this survey come back with very little information in it? Speaking as a chief constable, a commissioner and an HMI, I think that that is not good enough. I do not believe that the Home Office should be treated in such a way.

Lord Sentamu Portrait Lord Sentamu (CB)
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I, too, support the shortest of all the amendments. My noble friend Lord Hogan-Howe’s Amendment 438A gets to what needs to happen without a lot of description. I have always felt that brevity is the best answer to a problem, because you know what is being asked for. I want to congratulate him on putting in this amendment. Every organisation will face this question of suicide and, if there is a way of collecting the data and working out why, that is necessary. I believe that the duty of candour is not simply about the way the police treat citizens; it is also about the way the organisation treats the police service. There must be a duty of candour from the chief officer and, of course, the Home Office has a part to play. I support this wonderful short amendment, because that is what needs to happen. With a much longer amendment, I am afraid that what is simple will be lost in quite a lot of detail, which is not what we want.

Baroness Doocey Portrait Baroness Doocey (LD)
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My Lords, from these Benches there is strong support for Amendments 435 and 438A, which would finally shine a light on one of the most sensitive and least discussed aspects of police welfare: suicide and attempted suicide among officers and staff. This is not about apportioning blame; it is about creating conditions in which people can seek help early and leaders cannot look away. Nearly two years ago I sought this very information and was assured that work was happening to collate it. Yet no figures have emerged, leaving families, colleagues and policymakers in the dark, still awaiting clarity and transparency. These amendments would ensure that bereaved families do not feel that their loss has been silently absorbed and they would confront the lingering stigma around mental ill health in policing.

Policing demands a particular duty of care that transcends the ordinary employer-employee relationship, as the state requires officers to face repeated trauma that is unparalleled in any other walk of life. We are now operating in what many describe as a crisis policing model, where officers spend most of their time dealing with the darkest parts of human experience with far fewer opportunities to balance that with visible neighbourhood-based work. In the past, time spent on community policing would lift them out of the dark place. Today, that release valve is much weaker. Much of the informal support that once existed has disappeared. Officers used to have shared spaces where they could decompress together at the end of a shift, but those communal areas have largely gone. From staff sifting through distressing online material every day to front-line officers facing the increasing likelihood of physical assault, the psychological strain is relentless. This feeds a siege mentality in a service that still struggles to recognise emotion and is not naturally open.

Policing remains an environment where taking paternity leave can invite mockery and where the burden can fall especially heavily on women and minority officers amid unreported discrimination. In too many forces, officers still fear that admitting vulnerability will derail their career progression. If Parliament seeks people to shoulder that burden on our behalf, it must insist on collecting basic information. Tracking suicides and attempted suicides would pinpoint hotspots and high-risk groups, enabling proactive measures such as resilience training, peer support and routine psychological screening. I urge the Minister to take these amendments back to the Home Office and consider bringing forward concrete proposals on Report.