Crime and Policing Bill

Debate between Tonia Antoniazzi and Diana Johnson

Report stage
Wednesday 18th June 2025 Commons Chamber

[Dame Diana Johnson]

No.

On new clauses 85 and 86 about neighbourhood policing, it is clear that this Government are starting to implement our neighbourhood policing guarantee.

On new clause 13, introduced by my hon. Friend the Member for Liverpool Riverside (Kim Johnson), the Government recognise the serious consequences that can result from joint enterprise convictions. However, joint enterprise ensures that those who act together in committing a crime are all held responsible. We saw that in the cases of Ben Kinsella and Garry Newlove, as well as many others. We are aware of the concerns raised by my hon. Friend and we will continue to look at that.

I apologise to right hon. and hon. Members for not being able to get through all 100 amendments that were tabled. I also need to leave time for the person whose new clause leads the group to respond.

[Tonia Antoniazzi]

I beg to ask leave to withdraw the new clause.

New clause 2, by leave, withdrawn.

New Clause 7

Abolition of non-crime hate incidents

“(1) Non-crime hate incidents as a special category of incident to be recognised by police authorities are abolished. Reporting, recording and investigation of such incidents should occur only in the limited circumstances provided for in this section.

(2) For the purposes of Article 6(1) of the UK GDPR, section 35 of the Data Protection Act 2018 (“the Act”) and Article 8 of the Law Enforcement Directive, the processing of relevant data by a police authority is unlawful.

(3) In this section, “relevant data” means personal data relating to the conduct or alleged of a data subject which is unlikely to constitute criminal conduct and which has been perceived by another person to be motivated (wholly or partly) by hostility or prejudice towards one or more persons who have or who are or have been perceived to have one or more relevant characteristics and with that hostility or prejudice arising due to that or the perception of those protected characteristics.

(4) For the purposes of subsection (3), the following are relevant characteristics—

(a) race,

(b) religion,

(c) sexual orientation,

(d) disability,

(e) transgender identity.

(5) Subsection (2) does not apply in respect of the processing of relevant data—

(a) pursuant to an ongoing criminal investigation or prosecution,

(b) for the purposes of the internal administrative functions of the police authority.

(6) Subsection (2) does not apply in respect of the retention of a record (a “non-crime perception record”) of relevant data where a police officer (the “certifying officer”) of the rank of inspector or above certifies that in their opinion the retention of the non-crime perception record is likely materially to assist in the detection or prevention of criminal conduct which may occur in the future.

(7) Where a certifying officer certifies the retention of a non-crime perception record pursuant to subsection (6)—

(a) the certifying officer must include in the record a description of the future criminal conduct they have in mind and the reasons they believe that the retention of the record may assist in its detection or prevention,

(b) the relevant data which may be retained as part of the record may be no more than the certifying officer believes is likely materially to assist in the detection or prevention of criminal conduct,

(c) a copy of the record must be expeditiously provided to the data subject unless an officer of the of the rank of superintendent or above certifies that—

(i) the provision of the record to the data subject may interfere in the detection or prevention of criminal conduct, or

(ii) the officer is satisfied that it is not reasonably practicable to provide a copy of the record to the data subject.

(8) If the data subject objects to the retention of the non-crime perception record, subsection (6) does not apply unless a police officer of the rank of superintendent or above certifies that in their opinion the retention of the non-crime perception record is likely materially to assist in the detection or prevention of criminal conduct which may occur in the future.

(9) No police authority or police officer can be held under any circumstances to be under any duty to undertake the retention of any relevant data.

(10) After subsection 113B(3) of the Police Act 1997 insert—

“(3A) An enhanced criminal record certificate must not give the details of a relevant matter to the extent that doing so would result in the disclosure of relevant data as defined in section (The retention by the police of non-crime perception records) of the Crime and Policing Act 2025.”

(11) For subsection 39A(3) of the Police Act 1996 substitute—

“(3) No part of any Code of Practice issued by the College of Policing may be in a form which could be issued by the Secretary of State pursuant to section 60 of the Police, Crime, Sentencing and Courts Act 2022.”

(12) Section 60 the 2022 Act is to be amended as follows—

(a) the cross heading to be changed to “Non-crime perception records”,

(b) the section heading to be changed to “Code of practice relating to non-crime perception records”,

(c) in subsection (1) leave out from “by” to the end of the subsection and insert “of relevant data”,

(d) omit subsection (2),

(e) in subsection (3)(a), leave out “personal data relating to a hate incident” and insert “relevant data”,

(f) in subsections (3)(b), (c), (d) and (e), for “such personal data” substitute “relevant data”,

(g) in subsection (4)(a), for “personal data” substitute “relevant data”,

(h) in subsection (4)(b), leave out “personal data relating to the alleged perpetrator of a hate incident” and insert “relevant data relating to the alleged perpetrator”,

(i) in subsection (7), at end, insert “relevant data” has the meaning given by section (The retention by the police of non-crime perception records) of the Crime and Policing Act 2025”.

(13) Any code of practice previously issued under section 60 of the 2022 Act is deemed to be withdrawn.

(14) Within three months of the commencement of each calendar year, each police authority which is retaining non-crime perception records must—

(a) undertake a review of the relevant data by an independent person to ensure that any retention of such records is in compliance with the provisions of this section.

(b) publish a report in respect of the review prepared by the independent person including setting—

(i) the total number of non-crime perception records retained by the police authority;

(ii) the total number of data subject to which those records relate; and

(iii) the equivalent numbers of those records added in the previous year.

(15) In this section—

(a) “a police authority” means—

(i) a person specified or described in paragraphs 5 to 17 of Schedule 7 of the Act,

(ii) a person acting under the authority of such a person,

(b) the terms “data subject”, “processing” and “the UK GDPR” have the same meanings as under section 3 of the Act,

(c) “the Law Enforcement Directive” means the Directive (EU) 2016/680 of the European Parliament,

(d) “the 2022 Act” means the Police, Crime, Sentencing and Courts Act 2022.”—(Matt Vickers.)

Brought up, and read the First time.

Question put, That the clause be read a Second time.