The Crime and Policing Bill: an update

This article was co-authored by Bradley Cohen, Trainee Solicitor.

On 25 February 2025, the Crime and Policing Bill (the Bill) was introduced to the House of Commons for its First Reading. The new Bill has several provisions which will be of interest to public sector and police law practitioners. Here, we consider what to expect from the Bill, which includes measures to tackle antisocial behaviour, terrorism, violence against women and girls and implements the duty to report as recommended by the Independent Inquiry into Child Sexual Abuse.

Background

During last year’s election, the Labour Government promised to “take back our streets” and the proposed new measures in the bill aim to equip police with the powers needed to tackle antisocial behaviour, crime and terrorism and to address serious violence against women and girls.

Overview of key proposals

The new measures include:

1. Combatting crime and antisocial behaviour by providing new or expanded search and seizure powers to police. These include:
   a. To seize, retain and destroy bladed articles found on private property.
   b. Seize vehicles being used antisocially without warning.
   c. Search for and seize electronically tracked stolen goods.
   d. Access DVLA driver licence records.
   e. Confiscate proceeds of crime.
   f. Introducing “respect orders” to better enable police and others to tackle persistent anti-social behaviour.
   g. Introducing a specific offence of assaulting a retail worker.
   h. Repealing s.176 of the Anti-social Behaviour, Crime and Policing Act 2014 which downgraded the police response to the much publicised and so called “low value shop theft.”
2. Tackling child sexual abuse. The bill addresses the rise in AI-generated images of child sexual abuse by banning AI-models which are optimised to produce child sexual abuse material. It also criminalises moderators and administrators of websites that host child sexual abuse material, and grants Border Force officers the power to search the digital devices of individuals arriving in the UK for child sexual abuse material.
3. Implement recommendations from the Independent Inquiry into Child Sexual Abuse (IICSA). The bill introduces a new duty in England for adults working in relevant activities to report instances of child sexual abuse. It also introduces a new statutory aggravating factor covering grooming behaviour, and ensures that individuals working in supervised roles will be subject to enhanced checks by the Disclosure and Barring Service. Kennedys have reported extensively on the IICSA recommendations and an article is available here.
4. Creating a new civil prevention order for ‘child criminal exploitation’ available on application by police and expanding the scope of Stalking Protection Orders.
5. Making targeted reforms to the police misconduct framework with the aim of improving the timeliness and fairness of police misconduct investigations. These reforms include, enabling Chief Constables to appeal disciplinary decisions to the Police Appeals Tribunal; reducing the threshold for Independent Office for Police Conduct (IOPC) referrals to the Crown Prosecution Service; and relaxing the current restrictions which prevent the CPS from bringing criminal proceedings until a relevant IOPC investigation is concluded.
6. Ensuring the police and intelligence services have necessary powers to combat terrorism and hostile state threats by:
   a. Introducing a new youth diversion order to manage the increasing number of young people arrested for terrorism related offences.
   b. Implementing changes to terrorism legislation recommended by the Independent Review of Terrorism Legislation.

The Crime and Policing Bill will now be considered by the Public Bill Committee where it will face line by line scrutiny before reporting back to the House by Tuesday 13 May 2025.

Comment

These changes clearly respond to specific issues and threats which have arisen or been examined in recent months. For example, the government’s response to child sexual abuse following the coverage of the Rotherham child sexual exploitation scandal, and “lone actor” threats such as those seen in the 2020 Reading stabbings, the 2021 murder of MP David Amess or the recent Southport attacks.

Whilst presenting new opportunities, the proposed new powers that are aimed at tackling the most serious issues such as child sexual abuse and terrorism do also open up new possibilities for police forces and other public sector organisations to be accused of failing in their duties. Claims arising from incidents of abuse and terror are often brought under Articles 2 and 3 of the Human Rights Act 1998 and a failure to take reasonable steps or use powers available is an ingredient in those claims.

There will also be a period of adjustment where police officers adjust to using their new powers such as the new search and entry provisions. Inevitably technical mistakes will be made and this similarly could lead to a rise in claims.

Related items:

• The UK Government’s Crime and Policing Bill
• New reforms to support victims of child sexual abuse

Read other items in Personal Injury Brief - March 2025