Crime and Policing Bill (Ninth sitting)

Matt Vickers Excerpts

Committee stage
Thursday 24th April 2025 Public Bill Committees

I am also very grateful to the Women and Equalities Committee and the many people who gave evidence to it, including many victims of this disgusting offending. I would like to pay tribute personally to Georgia Harrison, Jess Davies, Professor Clare McGlynn, JodieCampaigns, Glamour magazine—particularly purpose editor Lucy Morgan—and Baroness Owen in the other place for all their work in ensuring that the spotlight is kept on this behaviour and the crime that must be addressed, which has helped us to better understand the true scale of the impact of this offending. I commend clause 56 and schedule 8 to the Committee.

[Matt Vickers (Stockton West) (Con)]

It is a pleasure to have you in the Chair, Dr Allin-Khan. Clause 56 introduces schedule 8, which sets out new or amended provisions concerning criminal offences related to the taking, sharing or misuse of intimate photographs without consent, as well as acts of voyeurism. We very much welcome the measures being brought forward.

Many members of the public may be surprised that there is currently no single criminal offence that covers intimate image abuse. In July 2022, the Law Commission completed its review of the laws surrounding the taking, creation and distribution of intimate images without consent. It described the current legal framework as fragmented and outdated, highlighting the fact that existing offences had not kept pace with advances in technology or changes in patterns of sexual offending.

The then Conservative Government intended to use the Criminal Justice Bill to introduce a range of complementary offences to tackle the taking or recording of such images, as well as installing equipment to enable a person to commit a taking or recording offence, before the Bill fell ahead of the 2024 general election. As such, we welcome clause 56 and the measures in schedule 8. Schedule 8 is intended to strengthen legal protections against such offences, reflect modern technology and behaviours, and ensure that victims of these deeply intrusive acts are better safeguarded and supported through the criminal justice system.

These offences aim to address harmful behaviours such as secretly filming or photographing someone in a sexual or private context without their knowledge or consent. There are three main offences: one for taking or recording an intimate image without consent; one where the act is done to cause distress or humiliation; and another where it is done for sexual gratification. The legislation also provides certain exemptions, including where the person had a reasonable belief in consent, or where images were taken for legitimate purposes, such as medical care or by family members in certain situations. It also clarifies that images taken in public, where a person has no reasonable expectation of privacy, are generally excluded.

The new offences carry different penalties depending on the intent behind the act. The general offence is punishable by up to six months imprisonment or a fine, while the more serious offences, involving intent to harm or sexual gratification, carry a maximum sentence of two years. Clause 56 also introduces offences for installing or maintaining equipment, such as hidden cameras, with the intent to commit these acts. This ensures that preparatory behaviour intended to facilitate such invasions of privacy is also criminalised. Overall, the clause rightly strengthens the legal framework around image-based abuse and helps to protect people from intimate violations in both private and public settings.

Being filmed or photographed in an intimate or vulnerable situation without consent is a deep violation of privacy and dignity. Victims often experience long-lasting emotional and psychological effects. In some cases, the fear of images being shared online can lead to isolation, damage to personal relationships, and even job loss or reputational harm. We know how much that particularly impacts specific groups—research suggests that up to 90% of victims of intimate image abuse are women. By criminalising not only the taking and sharing of intimate images without consent, but the installation of equipment intended to facilitate such acts, the law sends a clear message that those behaviours are unacceptable and will not be tolerated.

These changes also help to close existing legal gaps, offering victims stronger protection and greater confidence that their experiences will be taken seriously. Importantly, the new offences allow for appropriate punishment that reflects the severity of the harm caused while also deterring future offenders. This is a vital step in modernising the law to reflect the realities of abuse in the digital age.

It would be useful to understand whether the voyeurism element of these proposals is sufficient in cases of extortion. The National Crime Agency and other organisations have launched campaigns to highlight the dangers of extortion involving intimate images. The Law Commission’s study highlights reports of its prevalence among young men, with some estimates suggesting that young men account for 90% of victims. In cases where consent is initially given, does existing law sufficiently protect individuals who are subsequently extorted? It may be the case that this clause is not the place to address that, and that the Government feel that sufficient powers already exist. I am keen to hear the Minister’s views on that.

[Dr Lauren Sullivan (Gravesham) (Lab)]

It is a pleasure to serve under your chairmanship, Dr Allin-Khan.

I rise in full support of the Government’s action to tackle internet image abuse through clause 56 and schedule 8. As the Member of Parliament for Gravesham, I have heard how digital abuse and coercion are becoming increasingly common in our schools, in our relationships and even in our homes. This measure is not just a policy update; it is a legal correction, a turning point in how the law confronts modern abuse. It stands in defence of dignity, particularly for women and girls who have borne the brunt of silence, shame and victim-blaming for far too long.

The abuse we are addressing through this Bill is often hidden, carried out online without witnesses but with devastating consequences. Victims are often blamed, disbelieved or told that they brought it on themselves. Clause 56 and schedule 8 will take a powerful step in changing that narrative, and I place on record my strong support for the Government’s proposals. I also want to highlight why these offences are so necessary, how the cultural context has changed, what impact this Bill will have on real people, and why this is a turning point in our fight to end violence against women and girls.

As the Minister described, clause 56 and schedule 8 add the base offence of taking and recording intimate images without consent, regardless of motive, to the offences of doing so with intent to cause alarm, distress or humiliation, and of doing so for the purpose of sexual gratification. These offences are key to reflect the reality of modern abuse. The base offence rightly does not require intent, because the harm is real whether or not it was intended.

Unfortunately, we live in a world in which private moments can be turned into weapons, where trust can be shattered with a click and where a single image taken without consent or shared perniciously can spiral into shame, harassment and lifelong trauma. The Law Commission describes our current legal framework as a “patchwork,” unable to keep up with the evolution of technology or the disturbing ways in which people are exploiting it, and the Law Commission is right. Until now, there has been no clear, single criminal offence of taking or recording intimate images without consent. Offences exist for sharing such images, but even then the law requires intent to cause distress or humiliation to be proven. The result is that many perpetrators escape justice while victims suffer in silence. This Bill changes that.

For the first time, we have a clear set of offences that target the taking of intimate images without consent whatever the intent behind the action, whether it is humiliation, distress or sexual gratification, and the installation of the hidden recording devices that enable abuse. It addresses that breakdown in trust.

The Kaspersky report “The Naked Truth” sets out the scale of the challenge. In a global survey of 9,000 people, 22% of respondents had saved explicit images of themselves on their devices and 25% had shared images with people they were dating—among 16 to 24-year-olds that figure rose to 34%. It is this younger generation who we must protect. Some 46% of people globally are either survivors or know somebody who has been a victim of intimate image abuse. That number rises to 69% for 16 to 25-year-olds. We really must act now to prevent this from continuing.

The need for reform has been recognised for some time, but the legislative space did not allow it to move forward. This Labour Government are now picking up the mantle and delivering on that commitment. Clause 56 and schedule 8 build on the groundwork of the Online Safety Act 2003, which acknowledges image sharing. The Bill addresses the act of recording, closing another legal gap. This Government will not stop there: deepfakes and AI-generated sexually explicit images will also be addressed in clause 135 of the Data (Use and Access) Bill. That shows a serious, layered, long-term response to a serious, layered, long-term problem.

We owe it to the survivors, to the next generation, and to every woman and girl who has ever been told that she should have known better. This Government will not look away; we will act, protect, and make it clear that everyone has the right to their own body, their privacy and their peace of mind.

--- Later in debate ---

This important reform is, of course, in line with the Government’s commitment to halve violence against women and girls over the next decade. It is a modest but vital step in that direction, and we hope that it will help to reduce this type of offending, prevent escalation and bring perpetrators to justice. I am sure that hon. Members want to ensure that such protections for victims and the broader public are put in place. I commend the clause to the Committee.

[Matt Vickers]

The clause updates the offence of exposure set out in section 66 of the Sexual Offences Act 2003. The current legislation criminalises a person who intentionally exposes their genitals intending that someone will see them and experience alarm or distress. With technologies ever expanding, the last Conservative Government’s efforts to modernise the legal framework in response to the Law Commission’s 2021 report “Modernising Communications Offences” included the addition of a cyber-flashing offence aimed at better addressing the realities of digital abuse and ensuring that the law keeps pace with the increasing use of technology to commit sexual offences.

The clause rightly expands that to cover not just situations where the individual exposes their genitals to cause alarm or distress, but those where they do so for the purpose of sexual gratification and are reckless as to whether the exposure may cause alarm, distress or humiliation to someone who sees it. That follows the Law Commission’s reporting that it had received evidence indicating that limiting the offence to cases where there was intent to cause alarm or distress was too restrictive. It found that motivations such as seeking sexual gratification or aiming to humiliate the victim were also significant factors behind exposure-related behaviour. The Minister made a clear case for this change to the law, but also set out the impact that such behaviour can have or lead to.

Exposing yourself in public, often referred to as flashing, is a serious and unacceptable criminal offence. It is not just inappropriate; it can cause genuine fear, distress and long-term psychological harm to those who witness it, especially when the victim is a child or vulnerable person. Flashing is not a harmless prank or joke; it is a violation of personal boundaries and can be deeply traumatic. It demonstrates a lack of respect for others and a disregard for the basic right to feel safe in public spaces. This kind of behaviour erodes trust in the community and contributes to a culture of intimidation and discomfort. It is right that we take every measure to stop indecent exposure.

Proposed new section 66(1A) of the 2003 Act aims to introduce a safeguard by excluding certain scenarios, where the exposure is intended only for a specific person or group, from the offence. In such cases, the offence will not be committed under the sexual gratification limb unless the individual is also reckless as to whether one or more of those people will be caused alarm, distress or humiliation. This provision seeks to ensure that consensual acts of nudity—for example, between partners in a secluded area—are not criminalised simply because they are accidentally witnessed by a third party.

The clause will help to ensure that perpetrators of sexually motivated public exposure, such as flashing, can be held to account even if they deny intending to cause harm. The revised wording offers greater clarity for law enforcement and the courts, ensuring that such harmful behaviours are prosecuted more effectively while also providing reasonable protections for consensual and private conduct.

It has been reported that flashing offences have doubled in a decade, with more than 1,000 instances of indecent exposure being reported to the police every month, but barely one in 10 leads to a charge. In the light of that, can the Minister confirm whether she is confident that new subsection (1A) will not inadvertently create a loophole for perpetrators to evade accountability by claiming that their exposure was intended for only a particular person?

[Jack Rankin]

The clause aims to strengthen the protections for individuals from indecent exposure, and to ensure that our communities remain safe and respectful spaces for all. It seeks to provide clearer definitions and stricter penalties for offences involving indecent exposure so that perpetrators of such offences are held accountable and victims receive the justice that they deserve for this sexual crime.

While sometimes dismissed as minor, exposure of this kind can have a significant psychological and emotional impact on victims. It is not a trivial matter and can often be a precursor to more severe offences, as we saw with the tragic murder of Sarah Everard, and it contributes to a climate of fear and discomfort in public spaces. Multiple incidents of indecent exposure were linked to the convicted murderer of Sarah Everard before the tragic events of her death in March 2021. In 2015 and 2020, allegations of indecent exposure were made against him in Kent, where he was said to have exposed himself in public. Those reports were not fully investigated at the time. In February 2021, just days before he abducted and murdered Sarah Everard, he was reported to police for exposing himself to staff at a McDonald’s drive-through in Kent. Despite that report being made on 28 February, no meaningful action was taken prior to the murder, which occurred on 3 March. Those incidents have since been heavily scrutinised during inquests and reviews, revealing systematic failures in policing responses to sexual offences, especially so-called lower-level offences such as exposure.

While I welcome the expansion of the scope of this offence through clause 57, I urge police to use the new powers and treat these crimes as the serious crimes that they are. They can be a warning of even worse crimes to come. I welcome the Minister’s statement that the College of Policing guidance is being changed appropriately. Being subjected to indecent exposure by a stranger while walking home can leave a woman with lasting trauma. Such behaviour is unacceptable and should be met with appropriate consequences.

--- Later in debate ---

[Alex Davies-Jones]

I feel that I should provide hon. Members with a content warning before I discuss what this new offence does, and it is probably quite important that we are doing this before lunch. Clause 58 is on a gruesome but none the less important issue. The clause introduces an amendment by expanding the law on sexual activity with a corpse—a distinct and abhorrent type of offending, as shown in the recent case of David Fuller. The sheer horror and repulsiveness of the crime cannot be overstated. My heartfelt condolences go out to the families of those subject to the offence, who have been profoundly affected by these unimaginable, heinous acts. The clause will address a wider range of such despicable behaviour and mark the beginning of a very important step towards ensuring justice for all. We are committed to stopping all such behaviour by making a significant change today. I would like to take a moment to set out the history of the offence.

The Labour Government introduced the Sexual Offences Act 2003 after a full and extensive consultation called “Setting the Boundaries”. It significantly modernised and strengthened the laws on sexual offences in England and Wales. One of the key recommendations from “Setting the Boundaries” was the inclusion of the offence of sexual penetration of a corpse, in chapter 8, “Other Offences”. At the time, the consultation said:

“It came as a surprise to most members of the review that there was no such protection in law for human remains and that necrophilia was not illegal.”

That is why the recommendation was simply put that sexual penetration of a corpse needed to be a criminal offence. Then and now, a Labour Government have demonstrated the importance of getting such legislation right to prevent such heinous behaviour. The commitment was evident then and remains even more crucial now.

I would like to extend my heartfelt thanks to the independent inquiry for its thorough investigation into the horrific acts committed by David Fuller in the mortuaries of the Maidstone and Tunbridge Wells hospitals. The interim report, published on 15 October 2024, provides essential preliminary findings and recommendations for the funeral sector, highlighting areas that require attention. We eagerly await the final report and will carefully consider its findings to ensure that such atrocities are never repeated. At the core of our efforts, we remain deeply mindful of the families of those subjected to the offence. Their pain and suffering are unimaginable, and our thoughts are with them. We are grateful to the families of the deceased who have bravely come forward to speak publicly about their experiences in the hopes of making lasting change. We understand that revisiting these traumatic events is incredibly painful, and we are truly sorry for any additional distress caused by bringing these matters up in Parliament, but their voices are vital in ensuring justice.

Police officers have played a vital role in explaining the immense challenges faced while gathering evidence for the courts. Their painstaking work in sifting through the horrific images and explaining the evidence was crucial. Without their efforts, we might not have fully understood the importance of broadening the offence to include sexual touching. Their dedication and professionalism have been instrumental in bringing David Fuller to justice. David Fuller is serving a whole life sentence for his abhorrent crimes. As Mrs Justice Cheema-Grubb stated during the sentencing, his

“actions go against everything that is right and humane. They are incomprehensible”

and

“had no regard for the dignity of the dead.”

These words resonate deeply with all of us, reinforcing the importance of upholding the dignity of, and respect for, those who have passed.

We are committed to ensuring that justice is secured for the families of the deceased in all cases of sexual activity with a corpse, not just in cases of penetration. That is why the clause repeals the existing offence of sexual penetration of a corpse in section 70 of the Sexual Offences Act 2003, and replaces it with a broader offence of sexual activity with a corpse. The broader offence still criminalises sexual penetration of a corpse, but it also criminalises non-penetrative sexual touching, adding it into the criminal law for the first time. It increases the maximum penalty for sexual penetration of a corpse from two to seven years’ imprisonment. Where penetration is not involved, the maximum penalty will be five years’ imprisonment. The new offence will be committed whenever a person intentionally touches the body of a dead person if they know they are dead or are reckless as to whether the person they are touching is dead, and the touching is sexual. Touching is already defined in section 79(8) of the 2003 Act.

We want to ensure that criminal law is robust and comprehensive, effectively addressing the harm caused by this reprehensible behaviour. It is imperative that our criminal law evolves to encompass additional forms of abuse, particularly those that violate the dignity and sanctity of individuals both alive and deceased. By broadening the offence to include non-penetrative actions, such as the sexual touching of a corpse, the law will be more robust, ensuring that perpetrators cannot escape justice.

Our commitment extends beyond merely updating the law and involves a holistic approach to justice that prioritises respect for those affected. We strive to create an environment in which such heinous acts are met with the strongest possible legal repercussions, ensuring that justice is served and, importantly, that the families of the deceased receive the support and closure they so rightly deserve. I commend clause 58 to the Committee.

[Matt Vickers]

The clause updates and strengthens the current offence of sexual activity involving a corpse, as set out in section 70 of the Sexual Offences Act 2003. The revised provisions broaden the scope of the offence by replacing the term “sexual penetration” with the more encompassing term “sexual activity”. The clause replicates a provision of the Conservative Government’s Criminal Justice Bill, which fell due to the 2024 general election. The change ensures that any form of intentional sexual touching of a dead body—not just acts of penetration—will be captured by the law.

Many members of the public are shocked to hear that these vile and horrific offences take place, and will be further shocked that some of this activity is not covered by the law. Currently, section 70 of the 2003 Act defines the offence of sexual penetration of a corpse. That offence applies when a person intentionally sexually penetrates the body of a deceased individual, and knows or is reckless as to whether the body is that of a deceased person. The offence carries a maximum sentence of two years’ imprisonment.

As the Minister mentioned, the provision was notably used in the high-profile case of David Fuller, a former hospital electrician who was convicted under section 70 for multiple instances of sexual penetration involving the bodies of at least 100 women and girls in hospital mortuaries. However, the current scope of section 70 does not extend to non-penetrative sexual acts, so it could not have been used to prosecute further allegations against Fuller relating to other forms of sexual activity with the bodies of his victims. Under this legislation, a person commits an offence if they intentionally touch a part of a dead person’s body, with that touching being sexual in nature, and if they either know or are reckless as to the fact that the body is that of a deceased person.

The clause also provides a new, tiered sentencing structure. Where the sexual activity involves penetration, the offence carries a maximum penalty of seven years’ imprisonment. In all other cases, the maximum penalty is five years. These sentencing thresholds aim to reflect the seriousness of the conduct, while allowing courts flexibility to reflect the nature of the offence. The new offence introduces different maximum sentences depending on whether penetration is involved. Can the Minister explain how these sentencing thresholds were determined, and have the Government considered how the updated offence aligns with comparable offences in other jurisdictions? Does this bring us into line with international best practice?

[Jack Rankin]

There have been some truly harrowing cases that have exposed the inadequacies of our current legal framework in this regard. As both the Minister and the shadow Minister highlighted, the case of David Fuller is the obvious and most extreme example—a hospital electrician who, over 12 years, sexually abused the bodies of more than 100 women and girls in women and mortuaries. His crimes went undetected for decades, revealing significant systematic failure. I fully support the clause that the Minister has outlined, particularly because, as Baroness Noakes has highlighted during parliamentary debates, had Fuller not been convicted of murder, he might have faced only a minimal sentence for his other offences.

I have several critical questions on clause 58. I appreciate that the clause would significantly increase the penalty, but are those proposed penalties sufficient? Given the gravity of these offences, should the maximum sentence not be even higher, so that it serves as a stronger deterrent? Take the example of David Fuller. If we had caught him before the murder, under the provisions of the Bill, would he have been given seven years, and is that enough? What safeguards are in place? How can institutions, especially hospitals and funeral homes, implement stricter protocols to prevent such abuses? Perhaps the Minister can comment on that. How do we support the victims’ families? Beyond legal measures, what support systems are available to help families to cope with the trauma inflicted by disgusting crimes such as this? Clause 58 is clearly a necessary and long overdue reform that acknowledges the sanctity of the deceased and the rights of the families, and provides greater justice for those who can no longer speak for themselves. I welcome it.

[Alex Davies-Jones]

I welcome the comments from the shadow Minister and the hon. Member for Windsor. Both touched on sentencing, and I am happy to address their questions. We have considered a range of options. Increasing the statutory maximum for section 70 to seven years is in keeping with the other serious contact offences in the Sexual Offences Act, while it remains lower than most of the serious contact sexual offences against living victims. Sexual assault and rape, for example, have a maximum penalty of 10 years and life imprisonment respectively. The statutory maximum set out in the clause is for a single offence. If a person receives multiple convictions for this offence, or if that offence is committed alongside other offences, then the court may adjust the overall sentence to reflect the totality of the offending in the ordinary way.

We also heard strong evidence of the harm caused by this offending to victims’ families and believe that two years does not reflect the harm caused. We have, therefore, considered, in particular, the serious emotional and psychological distress and the feelings of shame and embarrassment that the families undergo, knowing that the bodies of their loved ones have been sexually abused. It is therefore right that the new law takes

“Concealment, destruction, defilement or dismemberment of the body”

as a factor that indicates high culpability on the part of the offender, and that a more serious punishment may, therefore, be appropriate.

I remind hon. Members that we currently have a sentencing review in place, which is reviewing all the offences available and looking at this. That independent review is ongoing and we anticipate that it will report this year. We are also aware that the Law Commission is considering a review of the criminal law around the desecration of bodies as part of its next programme of law reform. We are currently discussing the possibility of looking into this with it. Let me reassure Members that we are not stopping and that we will not hesitate to go further if required.

On the support available for victims, I would like to reassure the hon. Member for Windsor that victim support is always available for anyone who has been a victim of crime, whether or not that crime has been reported to the police. I encourage any victim, survivor or family to reach out to victim support. The Ministry of Justice funds a number of victim support organisations and provides grants to local police and crime commissioners to provide tailored support in their areas for whatever they feel is necessary. We also have the victims’ code, which outlines exactly what victims are entitled to if they have been a victim of crime, and support is one of the many elements available to them there. I encourage anyone to reach out and seek the support that is available.

Question put and agreed to.

Clause 58 accordingly ordered to stand part of the Bill.

Clause 59

Notification of name change

[Matt Vickers (Stockton West) (Con)]

I beg to move amendment 36, in clause 59, page 59, line 11, at end insert—

“(11) If a relevant offender does not comply with the requirements of this section, they shall be liable to a fine not exceeding Level 4 on the standard scale.”

This amendment imposes a fine of up to £2,500 if a registered sex offender does not notify the police when they change their name.

[The Chair]

With this it will be convenient to discuss the following:

Amendment 50, in clause 59, page 59, line 11, at end insert—

“(11) Police must notify victims of relevant offender’s new name—

(a) No less than three days before an offender intends to use it, or

(b) If that is not reasonably practicable, no less than three days after the date the offender began using it.”

This amendment would place a duty on police forces to notify victims if their abuser legally changed their name.

Clause stand part.

Amendment 37, in clause 60, page 60, line 25, at end insert—

“(10) If a relevant offender does not comply with the requirements of this section, they shall be liable to a fine not exceeding Level 4 on the standard scale.”

This amendment imposes a fine of up to £2,500 if a registered sex offender does not notify the police when they are absent from their sole or main residence.

Clause 60 stand part.

Amendment 38, in clause 61, page 63, line 4, at end insert—

“(9) If a relevant offender does not comply with the requirements of this section, they shall be liable to a fine at Level 5 of the standard scale.”

This amendment imposes an unlimited fine if a relevant registered sex offender does not notify police if they are entering a premises where children are presented.

Clause 61 stand part.

Clause 66 stand part.

New clause 55—Annual statement on employment status of sexual offenders—

“(1) The Secretary of State must publish an annual report on the employment status of convicted sexual offenders at the time of their offence.

(2) For the purpose of subsection (1), ‘Sexual offenders’ means any person found guilty of an offence stipulated in the Sexual Offences Act 2003.”

This new clause would require the Secretary of State to release an annual report on the employment status of convicted sexual offenders.

[Matt Vickers]

Opposition amendment 36 introduces a financial penalty for a registered sex offender who fails to notify the police of a name change. The penalty, set at a fine not exceeding £2,500, aims to ensure that offenders remain fully accountable for complying with the notification requirements under the Sexual Offences Act 2003. The failure to notify the police of a change in name could undermine the effectiveness of the existing system designed to monitor and track sex offenders, making it crucial to incentivise full adherence to the notification process.

Sexual offences are among the most serious and traumatic crimes, leaving deep and lasting harm on victims, emotionally, psychologically and socially. These offences often involve a profound breach of trust and personal safety, with long-term consequences for victims’ wellbeing and mental health. The most severe cases can shatter lives and destroy families. Because of the gravity and impact of these crimes, it is vital that society sets a clear and uncompromising message that such behaviour will not be tolerated, including in the conditions and requirements that follow conviction.

Criminal Law

Matt Vickers Excerpts

Thursday 25th July 2024 Commons Chamber

[Matt Vickers (Stockton West) (Con)]

Thank you, Madam Deputy Speaker, and congratulations on your new role.

I am grateful for the opportunity to debate the Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024, following the Lord Chancellor’s statement on prison capacity last week. This statutory instrument is significant, so it is right that we have the opportunity to scrutinise, challenge and call on the Government for clear answers to a number of vital questions. Although the SI is comprised of only five clauses and a schedule, its impact should not be underestimated. It reduces the automatic release point for criminals on standard determinate sentences from 50% of their sentence to 40%, subject to limited exclusions.

As the shadow Lord Chancellor, my right hon. Friend the Member for Melton and Syston (Edward Argar), has set out, we recognise the challenges and significant pressure facing prisons and the criminal justice system, as well as the need to ensure that they continue to function effectively. Those pressures were well known to the then Opposition—they are not sudden news.

In government, in order to protect society, we took the decision to toughen sentences for those who commit the worst crimes. In parallel, we set in train the biggest prison-building programme since the Victorian era, with thousands of additional places delivered, and five of the six new prisons either built, in construction or with planning permission granted. However, what had a huge impact on the prison population was our taking the right decisions not to mass release prisoners in the pandemic, and not to scrap trial by jury during the pandemic, meaning that the number of remand prisoners awaiting trial or sentence increased from around 9,000 to around 16,500. Those decisions, which, if I recall correctly, were not opposed by the then Opposition, were the right decisions, and the now Government cannot credibly claim they did not know about them.

Public protection must always be central to what the Lord Chancellor does. We have grave public protection concerns about the Government bringing forward this statutory instrument to reduce capacity pressure in prisons. When the shadow Lord Chancellor pressed the Lord Chancellor on a number of our key concerns last week, the Lord Chancellor was unable to provide the reassurance and commitments that we sought. Today, as we debate the detail of the instrument, I must press her again, and I hope that she will respond in her wind-up.

By way of context, can the Lord Chancellor confirm the number of places available in the adult male estate as of this morning—I believe that the figure was around 700 when she made her statement—so that the House might understand the rate of attrition in prison places? She failed last week to set out her criteria for ending the effect of the statutory instrument after 18 months. More importantly, why does the statutory instrument not contain a sunset clause? I realise that she touched on that, but given the significance of the powers, surely it is reasonable to sunset such a measure. Rather than us giving her a blank cheque, she could always return to the House to seek its agreement to renewing the measure, if needed. The SI and supporting documents suggest that the Lord Chancellor has not put in place any exclusions to prevent the worst, persistent repeat offenders who receive shorter sentences from benefiting. Is that correct?

The SI sets out that prisoners may benefit from the changes if their sentence is under five years. Is she aware that under the sentencing guidelines, a section 20 grievous bodily harm wounding offence under the Offences Against the Person Act 1861—a serious offence—would attract a sentence of up to five years? Would those who have committed that offence benefit from her prisoner sentence reduction scheme?

[Several hon. Members rose—]

[Matt Vickers]

There will be an opportunity to respond to me later.

As we know, many offences linked to dreadful domestic abuse and domestic violence do not appear to be among the Lord Chancellor’s exclusions, as the offence prosecuted would be, for example, a section 20 GBH or common assault. What does she say to victims of domestic abuse who are worried that the way in which the measure has been drafted risks allowing their attacker to benefit from her early release scheme? What percentage of those who are released when 40% of their sentence is served, rather than 50%, will be recalled back into prison for breaches? What steps is she taking to mandate the imposition of GPS tagging or other strict conditions on those who benefit from the measures? Again, there is no detail in the SI.

What additional resources are being made available to probation by September, when this early release scheme is due to start, over and above what was already put in place by the previous Government? The Lord Chancellor stated her plans for next March, but what about this September, when her scheme comes into play? How many additional staff will be in place in offender management units by September, to meet the demands of sentence and release-point recalculation? What additional funding is the Ministry of Justice making available to local authorities and other housing providers to meet the short to medium-term increase in demand for suitable accommodation in the coming months?

Last week, the Lord Chancellor confirmed her intention to temporarily fully close HMP Dartmoor. Where does she intend to find the places lost? More broadly, she asks the House to support the open-ended measures in the SI, but is yet to set out any detail of a long-term capacity plan—either how she will pay for and build more prison places over and above those we already committed to, or whether she will reverse the changes we made to toughen sentences for dangerous criminals. Which is it? What is the plan?

While we recognise the need to address immediate pressures in the prison system, we are deeply troubled by the lack of detail in this statutory instrument and its supporting documents, and by the huge gaps that appear to exist, which I have set out. A blank cheque is being asked for, and there is no sunsetting of this significant measure, and no ability to amend the instrument to include a sunset provision. I have highlighted examples of serious offences that appear not to be excluded, offences that can often be linked to domestic violence or wounding. The absence of such measures, and of clarity, mean that this instrument is drafted in a way that is deeply troubling. I look forward to the Lord Chancellor’s response and reassurances during her wind-up remarks.

[Madam Deputy Speaker (Ms Ghani)]

I call Bambos Charalambous.

Oral Answers to Questions

Matt Vickers Excerpts

Tuesday 21st November 2023 Commons Chamber

[Alex Chalk]

The hon. Gentleman is right about the eight court buildings, but that is in the context of an estate of over 300 buildings. It is important to note, however, that we have massively increased the budget for the court estate, and that enables us to do two things. First, we can take on more projects and also plan them because we have guaranteed this over two years, meaning that we can plan in a more efficient and effective way. The second issue so far as prisons are concerned is that separate considerations apply because the buildings are used for a whole range of different purposes; there is the prison itself, but there are plenty of ancillary buildings. This is all being inspected in the normal way, and the budget is certainly there to effect remediations if required.

[Matt Vickers (Stockton South) (Con)]

T10.   Last week I visited my local Co-op store in Hartburn, where I met staff and Union of Shop, Distributive and Allied Workers reps as part of Respect for Shopworkers Week. There are around 867 assaults on shop workers not each month, not each week but every single day. We cannot go on like this. Will my right hon. and learned Friend look again at what we can do to tackle this issue and deliver justice for shop workers?

[Alex Chalk]

My hon. Friend is absolutely right. Those people are on the frontline of society, acting effectively in public to do an incredibly important public service. We have already moved to ensure that the courts can treat assaults on shop workers as an aggravating factor when it comes to sentencing. To be clear, this means that, in appropriate cases, the fact that a person has assaulted a retail worker can mean the difference between a non-custodial penalty and a custodial penalty, which is absolutely right. Those who behave in such a cowardly way should expect all consequences.

Police, Crime, Sentencing and Courts Bill

Matt Vickers Excerpts

Consideration of Lords amendments
Monday 28th February 2022 Commons Chamber

[Robbie Moore (Keighley) (Con)]

It is once again a great pleasure to be able to speak in favour of this Bill. As we know, the first duty of any Government is to keep their citizens and communities safe, and a huge part of that is guaranteeing that the punishments for those who commit the worst crimes ensure that society receives the justice it deserves and is protected from criminals. On that point, I would like to focus on the amendments that relate to Tony’s law. I pay tribute to my hon. Friend the Member for Tonbridge and Malling (Tom Tugendhat) and the hon. Member for Rotherham (Sarah Champion), who have campaigned tirelessly to ensure that Tony’s law is enshrined in statute.

Child cruelty is abhorrent, and it is simply unthinkable that someone could commit such crimes, yet they do sadly happen. That includes the crimes that caused the tragic death of Star Hobson in Keighley back in 2020, which shook my entire constituency and indeed the whole country. Star suffered sickening abuse and brutality at the hands of her mother, Frankie Smith, and her mother’s partner, Savannah Brockhill. Star was punched, kicked and stamped on multiple times by Brockhill, with her mother doing nothing to stop the brutality. It is hard to believe that a human, not least a mother and her partner, could be so cruel. During their trials, the court heard that this physical abuse caused Star unsurvivable injuries, including a skull fracture. Following the trial, many of my constituents and I expressed our real concerns about the sentences given to Brockhill and Smith, particularly as Smith initially received only eight years in prison. That was in spite of the fact that she had facilitated the horrible abuse that killed her daughter. It is right that the sentence was referred to the Court of Appeal following a letter that I and many others sent to the Attorney General, my right hon. and learned Friend the Member for Fareham (Suella Braverman).

We need to ensure that sentencing for child cruelty is fit for purpose. Unfortunately, the tragic death of Star Hobson is not an isolated incident. Child cruelty happens across the country, which is why the Lords amendments to enact Tony’s law are so important. These amendments will ensure that anyone who causes or allows the death of a child in their care will face up to life imprisonment, instead of the current 14-year maximum. Likewise, the punishment for those who cause or allow serious physical harm to a child will toughen from 10 to 14 years.

The crimes I have spoken of are some of the worst imaginable. It is simply incomprehensible that someone could treat a child so cruelly. This abuse must not be allowed to stand, which is why I am so delighted that the Government are encompassing Tony’s law in the Bill.

I finish by putting on record my thanks to my hon. Friends the Members for Stockton South (Matt Vickers) and for Crewe and Nantwich (Dr Mullan), who have campaigned tirelessly in this place to make sure that Harper’s law is included in this legislation. It is commendable that the Government have made these amendments to the Bill.

[Matt Vickers (Stockton South) (Con)]

I am delighted to see a Bill that will do so much to deliver justice and make our communities safer. There is so much to be said, but I will speak briefly on two changes to our law that are very much overdue.

First, we are making it a statutory aggravating offence to assault someone who is providing a public service. When the pandemic struck, many fled to the safety of their home, but our army of key workers bravely rolled up their sleeves and got on with their job to keep this country going. Health and social care workers, transport workers and retail workers are owed a huge debt of gratitude, but not everyone in our society has shown them that gratitude.

As chair of the all-party parliamentary group on the future of retail, I hear the horrific and increasing abuse suffered by retail workers in town centres and shopping parades across the country. Last year there were 455 assaults on retail workers—not every month, not every week, but every single day. The youngster with their first job stacking shelves and the semi-retired person with an extra part-time job on the tills to top up their income to buy their grandkids something nice for Christmas: these are normal people just doing their job. They are often not well paid, they do not have stab-proof vests or body-worn cameras, and every day they have to return to the scene of the crime.

These people are not assaulted because they wear shirts with Tesco or Co-op written on them; they are assaulted because they are upholding the rules that are in place to protect us. They verify people’s age when buying knives or alcohol, and during the pandemic they checked people’s masks and social distancing, undertaking statutory duties and responsibilities that we in Parliament have placed on them. It is right that they will now have statutory protections.

Lords amendment 1 enacts Harper’s law, and I cannot imagine that anyone has not been touched by the horrific and devastating circumstances of PC Harper’s death. I cannot imagine anyone was not moved by the unbelievable heroism, bravery and determination of his family and his wife, Lissie, in campaigning for this change to ensure that no one else will have to go through such terrible misjustice. When our amazing emergency service workers run towards danger to protect others, it is right that our legal system will now have their back by delivering justice for them and their families.

[Ruth Edwards]

Pointy black-tipped ears, furry and brown, and the ability to make a getaway at 45 mph. This is the description of the suspect I found digging in our veg patch the other week. I am, of course, talking about the brown hare. The occasional episode of vegetable vandalism aside, we feel privileged to share our home with these fascinating creatures that we often see streaking over the fields around our house or lolloping through our garden.

I strongly welcome Lords amendments 61 to 69, which create tougher penalties for hare coursing by increasing the maximum penalty for trespassing in pursuit of game to up to six months’ imprisonment. New offences have also been created: trespass with the intention of using a dog to search for or pursue a hare; and, secondly, being equipped to do so.

Hare coursing is a huge problem in rural parts of Rushcliffe and throughout the Vale of Belvoir. Last night, I spoke to a local farmer, who told me that hare coursers had been trespassing on his land for as long as he could remember; several times a month they vandalise his property, destroying locks and pulling gates off their posts to gain access. They destroy his crop by driving all over it and, obviously, they destroy the local hare population. He told me there were now hardly any left. Worst of all, he told me, “We know who is doing a lot of it. It’s a couple of local families but they seem to be above the law.” Farmers who had challenged them had their workshops broken into and vandalised, which is why I am not sharing his name today.

I hope these new offences will give the police better powers to target such criminals. I welcome the new powers for courts to order the reimbursement of the police for kennelling dogs seized in relation to hare coursing, because taxpayers certainly should not be paying for it. I also welcome new powers for courts to disqualify offenders from owning a dog—no one engaged in this sort of cruelty to animals should be owning one.

Approved Premises (Substance Testing) Bill

Matt Vickers Excerpts

3rd reading
Friday 21st January 2022 Commons Chamber

[Matt Vickers (Stockton South) (Con)]

I thank my hon. Friend the Member for Aylesbury (Rob Butler) for bringing the Bill before the House. I believe it is not only a fantastic piece of legislation but fits perfectly within wider Government strategies to deal with the influence and issue of drugs in our communities. It will set a comprehensive statutory framework for the testing of illicit substances in approved premises and will enable an increase in testing, thereby hopefully reducing the number of drug-related deaths in approved premises. For that reason, I strongly support it.

I appreciate my hon. Friend’s comments on the focus of the Bill being guidance and help rather than just prosecution. We need this sort of balanced and compassionate approach when dealing with this complex and multifaceted issue. The more humane we are as a society and in our approach, the better chance we have of actually helping those in need to break the cycle of drug abuse and reoffending, giving people another chance in life.

What is so important about the Bill is that it will help us tackle drug use in approved premises, where residents are most at risk, and will empower those staffing these premises to respond effectively to residents, with staff enabled to apply the relevant treatment, guidance and support. Prevention is better than punishment. The Bill’s enlightened approach will support the Government’s continued commitment to the general rehabilitation of offenders, help reduce reoffending and assist in getting vulnerable people’s lives back on track. Breaking the cycle of drug use and reoffending will clean up our streets and protect our communities. The Bill provides a robust response to the ever-changing means and methods of drug use.

It is important that we expand the methods of testing. The Bill will introduce urine testing rather than oral fluid testing. Few drugs can be detected reliably in oral fluid. Moving to urine testing allows a laboratory to test reliably for a range of illicitly used drugs. The Bill will also extend the range of substances that can be tested to cover all forms of psychoactive substance, as well as prescription and pharmacy medicines. It will allow the Prison and Probation service to respond effectively and flexibly to changing patterns of drug misuse and to improve the identification of residents misusing substances to enable appropriate referrals to treatment, together with the development of appropriate targeted care planning.

Back in 2017, the prisons and probation ombudsman outlined that approved premises need a more effective focus on drug testing and on managing the risks of substance abuse. The Bill will do just that; I am delighted to support it.

Oral Answers to Questions

Matt Vickers Excerpts

Tuesday 29th June 2021 Commons Chamber

[Mark Fletcher (Bolsover) (Con)]

What steps his Department is taking to tackle pet theft.

[Matt Vickers (Stockton South) (Con)]

What steps his Department is taking to tackle pet theft.

[The Lord Chancellor and Secretary of State for Justice (Robert Buckland)]

The Government recognise the deep distress that the theft of a much-loved pet can cause, and I have met the Home Secretary and the Environment Secretary to create a taskforce to investigate the problem end to end. That work is under way and it is gathering evidence to understand the factors that may be contributing to any rise in pet theft and to recommend measures to tackle the problem. It will report to Ministers on potential solutions by the summer.

--- Later in debate ---

[Robert Buckland]

My hon. Friend is right to reflect the views of his constituents in Bolsover and the wider community. We are looking at not just the consequences of pet theft, but ways in which the black market in the trade in animals can be dealt with. Lots of ideas and initiatives merit serious consideration as to how we can prevent the incentives for this sort of despicable crime from occurring in the first place. That is the work that is being carried out now.

[Matt Vickers]

It is clear today that pet theft is having a huge impact on so many families across the country. Indeed, if my mam had the choice between me and her beloved, slightly obese Bichon, Archie, it would be a close call and I would not fancy my odds. Pet theft is on the rise. The loss of a furry family member is having an impact on so many families. Will my right hon. and learned Friend confirm not if and how, but when we will update the law to tackle this terrible crime?

[Robert Buckland]

I am glad that my hon. Friend declared his interest, as is appropriate. Many other Members of this House will be dog owners. I am a cat owner, so I declare that interest. Clearly, behind that, there is a very important point about the ways in which we can help to prevent the spread of this crime. As the Prime Minister said, this is often the underbelly of more organised and serious criminality, where profit is being made on the backs of the misery of not just the pets themselves, but their owners, who suffer great distress as a result of the theft.

Police, Crime, Sentencing and Courts Bill

Matt Vickers Excerpts

2nd reading & 2nd reading - Day 2
Tuesday 16th March 2021 Commons Chamber

[Matt Vickers (Stockton South) (Con)]

I was elected to represent the people of Stockton South on a manifesto that pledged to get tough on crime, protect our emergency service workers and give real justice to the victims of some of the most heinous crimes. I am therefore delighted to support the Bill, which will do exactly that. It will ensure that we are on the side of the victims, not the criminals; it has tougher sentences for those who vandalise our memorials, those who prey on children, sex offenders, killer drivers and child murderers. The victims of those awful crimes are often left scarred by them for the rest of their life, and I am glad that the Bill will go some way to delivering real justice for them.

The Bill contains fundamental, wide-ranging improve-ments to our justice system, and it is impossible to cover its breadth in just three minutes, so I will focus on what it does for our emergency service workers across the country. The pandemic has been awful for us all, but many of our emergency service workers have borne the brunt of it. While we retreated to the safety of our homes, our emergency service workers rolled up their sleeves and got on with it, running towards danger when so many of us would run away. It is therefore unbelievable that during this most terrible year, assaults against our emergency service workers have increased substantially. Yes, our policemen and policewomen who do so much to protect us, and our doctors and nurses who help us when we need them most, have faced record numbers of assaults this year. In Cleveland, that has meant 662 assaults on emergency service workers; that is up more than 50% on the previous year.

[Alex Cunningham (Stockton North) (Lab)]

I am grateful to my next-door neighbour in Stockton for giving way. We have the third-most serious level of serious crime in Cleveland, yet the hon. Gentleman’s Government refused us additional funding time and again. Why?

[Matt Vickers]

Today the hon. Gentleman has the chance to be on the side of the emergency workers, those brave men and women who put themselves out on the frontline to keep our communities safe. We are putting more police on the streets and giving them the powers and equipment that they need to do the job, and I am very happy that there are more than 150 more police officers on the streets of Cleveland, thanks to this Government.

I welcome the fact that the Bill will increase the maximum sentence imposed on those who assault our emergency service workers. It is much overdue and there must be no further delay in protecting our protectors, doing justice for those who put themselves in harm’s way to uphold the law or who are there to help us when we need them most. I am hopeful that a tougher approach to sentencing will send a signal and go some way to ensuring that our emergency service workers get the respect that they so rightfully deserve. The Bill enshrines the police covenant into law, ensuring that our police officers—retired or serving—and their families get the additional support that they have rightly earned through their service to our communities.

We have put more police officers on the streets. We have provided more equipment and more funding, and now, whether it is by tackling unauthorised encampments or persistent violent offenders, we are giving the police the powers that they need to do the job. This legislation is long overdue and, tonight, I will be on the side of the victims and the emergency service workers across this country.

Oral Answers to Questions

Matt Vickers Excerpts

Tuesday 14th July 2020 Commons Chamber

[Kit Malthouse]

I am extremely grateful to my hon. Friend for bringing this organisation to my attention, not least because I read Ray and Vi Donovan’s booklet last night, “Understanding Restorative Justice”, and their very moving testimony of what happened to them. They have an incredible capacity for forgiveness, having forgiven their son’s killers, who perpetrated an appalling act, depriving them of the life of their child. They found it in themselves to forgive those three criminals, as they were then, and to move on with their lives. I will be more than happy to consider what more we can do in this area as we move towards our plans on rehabilitating offenders, and I would be honoured to meet Ray and Vi, if my hon. Friend was willing to bring them to Westminster when normal life resumes.

[Matt Vickers (Stockton South) (Con)]

If he will make a statement on his departmental responsibilities.

[The Lord Chancellor and Secretary of State for Justice (Robert Buckland)]

Covid-19 presents one of the greatest peacetime challenges that the United Kingdom and the justice system have ever faced, but throughout the crisis, we have kept courts open, we have kept cases flowing through the system and justice has been delivered, especially for the most vulnerable victims and with regard to dangerous offenders. We are ahead of comparable systems around the world and we should recognise the hard work that has allowed that to happen. Technological innovation has accelerated throughout the system, with over 14,000 cases heard remotely. Jury trials have safely restarted, with 48 Crown court centres now hearing trials, and Her Majesty’s Courts and Tribunals Service has published a plan that clearly outlines the next steps. We are not there yet and we are continuing to work on increasing available court capacity, ensuring that technology can be more effectively used throughout the system and exploring all necessary and appropriate options. This comes together with the biggest increase in the court maintenance funding structure for over 20 years.

[Matt Vickers]

In green spaces across my constituency, litter picks used to result in us picking up cans, bottles and crisp packets, but now, more and more, we are finding numbers of nitrous oxide canisters. There is an increasing number of youngsters putting their health and lives at risk using this psychoactive substance. Will my right hon. and learned Friend look at this with colleagues across Government so that we can get a grip of this growing and dangerous issue?

[Robert Buckland]

I am grateful to my hon. Friend for that question. He can be reassured, first of all, that nitrous oxide is a psychoactive substance classified under the Psychoactive Substances Act 2016, and it is an offence to supply it if someone knows, or is reckless as to whether, it will be used for its psychoactive effect. The most recent assessment of the drug was in 2015, when the Advisory Council on the Misuse of Drugs concluded that there is evidence that the use of the drug can cause harm, but I would be more than happy to discuss the matter further with him.

Counter-Terrorism and Sentencing Bill

Matt Vickers Excerpts

2nd reading & 2nd reading: House of Commons
Tuesday 9th June 2020 Commons Chamber

[Matt Vickers (Stockton South) (Con)]

I will be brief. The Bill is in many ways a seminal step in strengthening public confidence in our criminal justice system, tackling radicalisation and ensuring that justice is done with regard to those who commit these most heinous crimes. A single terrorist attack undertaken by a known terrorist automatically released early from prison is way too many. Many of us will remember the undeniable feeling of injustice and frustration when we think back to 2 February and the Streatham attack—an attack that should and could have been prevented. It was someone known to the authorities who should have been behind bars. It beggared belief and flew in the face of justice and everything we know to be right.

I therefore welcome this Bill, the largest overhaul of terrorist sentencing and monitoring in decades. It includes tougher sentences, an end to automatic early release and an improved ability to manage and monitor terrorists, and it should be welcomed by all. It tackles terrorism and does justice for heroes who have lost their lives at its ruthless hands. Every day, people entering this place walk past a memorial to a hero, Keith Palmer, who gave his life fighting against terrorism. Nothing equates to the loss of the lives of such heroes, but it is right that we will see prison sentences more befitting the evil acts undertaken by terrorists. Justice must be done.

When the evils of terrorism appear, this Government must be able to look into the eyes of the public and tell them that we gave those charged with keeping us safe the resources and powers they needed to get the job done. Rightly, the Bill builds on increased investment in counter-terrorism policing, doubling the number of counter-terrorism specialists in the probation service and creating a network of counter-terrorism specialists throughout our Prison Service, as well as offering greater support for victims of terrorism. Terrorism is an abhorrent evil and this robust approach gives our courts, the Prison Service and the police the powers they need to protect lives, protect our way of life and improve confidence in our criminal justice system.