Policy paper

Delegated powers memorandum: 19 June 2025 (accessible)

Updated 30 October 2025

Introduction

1. This memorandum has been prepared by the Home Office, Ministry of Justice, Ministry of Defence, and Department for Environment, Food and Rural Affairs for the Delegated Powers and Regulatory Reform Committee to assist with its scrutiny of the Crime and Policing Bill. The memorandum identifies the provisions of the Bill, as introduced in the House of Lords on 19 June 2025, which confer new or modified powers to make delegated legislation. It explains in each case why the power has been taken and the nature of, and reason for, the procedure selected.

Overview and purposes of the Bill

2. The Bill supports the delivery of the Government’s Safer Streets Mission to halve knife crime and violence against women and girls in a decade and increase confidence in policing and the wider criminal justice system to its highest levels. It aims to support neighbourhood policing and give the police the powers they need to tackle anti-social behaviour, crime and terrorism, whilst introducing reforms to ensure that law enforcement agencies perform to the highest standards expected by the public and focus on front-line policing.

3. The Bill includes the following measures which contain new or amended delegated powers:

(i) Introduction of Respect Orders to tackle persistent anti-social behaviour.

(ii) Requiring relevant bodies to have regard to guidance about anti-social behaviour case reviews.

(iii) Conferring a power on the Secretary of State to issue guidance on fly-tipping enforcement.

(iv) Placing a duty on relevant authorities to provide prescribed information about anti-social behaviour to the Secretary of State.

(v) Introduction of civil sanctions for unlawful online weapons sales.

(vi) New police powers to seize, retain and destroy bladed articles held in private where they have a reasonable suspicion that the article is likely to be used in connection with unlawful violence.

(vii) Strengthened requirements in respect of age verification relating to the online sale and delivery of knives and crossbows.

(viii) Introduction of requirement on online retailers to report bulk sales of knives.

(ix) Introduction of a new offence of child criminal exploitation and associated civil prevention orders.

(x) Introduction of new offences relating to “cuckooing” (home takeover) and coerced internal concealment.

(xi) Introduction of new offences relating to child sexual abuse image-generators and online facilitation of child sexual abuse and exploitation.

(xii) Scanning electronic devices for child sexual abuse material at the border.

(xiii) Requiring certain persons working with children to report suspected child sexual offences.

(xiv) Placing the guidance supporting the Child Sex Offender Disclosure Scheme on a statutory footing.

(xv) Strengthening of notification requirements on registered sex offenders.

(xvi) Introducing restrictions on certain registered sex offenders applying for replacement identity documents in a new name.

(xvii) Introduction of statutory guidance to better protect victims of stalking.

(xviii) Introduction of new offences relating to the possession and supply of “SIM farms” and of other specified articles used to facilitate fraud by means of electronic communications.

(xix) Introduction of new public order offences relating to the possession of a pyrotechnic article at a protest and climbing on specified memorials.

(xx) New powers to suspend IP addresses and domain names used in serious crime.

(xxi) Extension of the data-sharing arrangements in respect of driver licensing information between the DVLA and the police and other law enforcement agencies.

(xxii) Clarify powers of law enforcement agencies to access remotely stored electronic data.

(xxiii) Extension of police powers to test persons in police detention for the presence of specified controlled drugs.

(xxiv) Reform of the post-conviction confiscation regime in respect of the proceeds of crime.

(xxv) Enabling chief officers of police to appeal to a Police Appeals Tribunal (PAT) in respect of disciplinary matters concerning officers and special constables in the chief officer’s force and enabling local policing bodies to appeal to a PAT in respect of disciplinary matters concerning the chief officer of police of their force.

(xxvi) Requiring the National Crime Agency, British Transport Police, Civil Nuclear Constabulary and Ministry of Defence Police to maintain lists of barred persons and advisory lists and prohibits them (and others) from employing or appointing a barred person.

(xxvii) Conferring power on the Secretary of State to give directions to critical police undertakings.

(xxviii) Introduction of Youth Diversion Orders, a new counter-terrorism risk management tool specifically designed for young people aged 21 or younger.

(xxix) A power to implement international agreements on sharing information for law enforcement purposes.

(xxx) Standard powers to amend legislation consequential upon the provisions of the Bill and in respect of commencement.

4. Clauses 198 and 199 make general provision in respect of regulations made under powers conferred by the Bill (with the exception of regulations made under clause 201 (commencement)). Clause 198(1) provides that such regulations may make consequential, supplementary, incidental, transitional or saving provision; and may make different provision for different purposes or different areas.

Analysis of delegated powers by clause

Clause 1 – new section B1(7) of the Anti-social Behaviour, Crime and Policing Act 2014: Power to amend list of relevant authorities that can apply for a Respect Order

Power conferred on: Secretary of State

Power exercisable by: Regulations made by Statutory Instrument

Parliamentary procedure: Draft affirmative resolution procedure

Context and purpose

5. Clause 1 of the Bill inserts new Part A1 into the Anti-social Behaviour, Crime and Policing Act 2014 (“the 2014 Act”) which provides for Respect Orders, a new civil preventative order to tackle persistent anti-social behaviour (“ASB”). Respect Orders will be made on application by a “relevant authority” and include prohibitions and requirements designed to prevent the person subject to an order engaging in further anti-social behaviour and to address any underlying causes of the behaviour, such as alcohol or drug dependency. Breach of an order will be a criminal offence (see new section I1). Relevant authorities are listed in new section B1(2) and include the police, local authorities and social housing providers. The Respect Order partially replaces the civil injunction as provided for in section 1 of the 2014 Act for persons aged 18 or over. The list of relevant authorities in new section B1(2) is the same as the list of relevant authorities in section 5(1) of the 2014 Act. New section B1(7) confers a power to amend new section B1 and new section N1 in relation to expressions used in that section. In particular, the power could be used to add to, remove or otherwise alter the list of relevant authorities in subsection (2) of new section B1 and associated definitions in subsections (3) to (6) of that section and in new section N1. The Secretary of State is required to consult the Welsh Ministers before making regulations which add, remove or vary an entry in the list which relates to a devolved Welsh authority.

Justification for the delegated power

6. New section A1(6) and B1 set out the persons who may apply for a Respect Order to prevent a person engaging in ASB. The regulation-making power enables the Secretary of State to amend new section B1 so as to allow other persons or categories of person to apply for a Respect Order under new section A1 and to otherwise amend the list of persons who may apply. The power ensures that there is the flexibility to add, remove and vary the list of persons who may apply for a Respect Order, for example, to take account of the creation of new bodies or the extension of the functions of existing bodies such that they take on new or enhanced responsibilities for tackling ASB or to update references to existing bodies if necessary. The regulation-making power is analogous to that in section 5(5)(a) of the 2014 Act.

Justification for the procedure

7. By virtue of new section 182(2)(za) of the 2014 Act, as inserted by clause 1(3), the regulation-making power in new section B1(7) is subject to the draft affirmative procedure. This level of parliamentary scrutiny is considered appropriate given that one possible effect of any regulations is to add to the list of persons who may apply for a Respect Order. As Parliament would have approved the initial list of relevant authorities as set out in the Bill, both Houses should be afforded the opportunity to debate and approve any additions to the list. The draft affirmative procedure is also apt given the Henry VIII nature of the power. The application of the draft affirmative procedure is consistent with the approach taken in the 2014 Act as regards the analogous power in section 5(5)(a) of that Act (as recommended by the DPRRC in its 12th Report of session 2013/14).

Clause 1 – new section M1 of the Anti-social Behaviour, Crime and Policing Act 2014: Power to issue statutory guidance about Respect Orders

Power conferred on: Secretary of State

Power exercised by: Statutory guidance

Parliamentary procedure: None

Context and purpose

8. Clause 1 of the Bill inserts new Part A1 into the 2014 Act which provides for Respect Orders, a new civil preventative order to tackle persistent ASB. Respect Orders will be made on application by a “relevant authority” and include prohibitions and requirements designed to prevent the person subject to an order engaging in further anti-social behaviour and to address any underlying causes of the behaviour, such as alcohol or drug dependency. Breach of an order will be a criminal offence (see new section I1). Relevant authorities are listed in new section B1 and include the police, local authorities and social housing providers. The Respect Order partially replaces the civil injunction as provided for in section 1 of the 2014 Act for persons aged 18 or over.

9. New section J1 requires that before applying for a Respect Order a relevant authority must carry out a risk assessment in relation to the application. A person undertaking such a risk assessment must, in doing so, have regard to any guidance issued by the Secretary of State under new section M1 of the 2014 Act.

10. New section M1 of the 2014 Act confers a power on the Secretary of State to issue guidance to persons entitled to apply for a Respect Order about the exercise of their functions under new Part A1 of the 2014 Act.

11. The respect order partially replaces the civil injunction (provided for in section 1 of the 2014 Act) for persons aged 18 or over. Clause 2 introduces Schedule 1 which makes consequential amendments to Part 1 of the 2014 Act to provide for youth injunctions and housing injunctions which will continue to operate in the way as the existing injunctions under Part 1 of the 2014 Act.  To complement new section J1, paragraph 15 of Schedule 1 inserts new section 13A into the 2014 Act which requires a relevant authority before applying for an injunction under Part 1 to carry out a risk assessment in relation to the application. New section 13A(3) requires a person carrying out such a risk assessment to have regard to any guidance issued by the Secretary of State under section 19 of the 2014 Act. As such, this is not a new power to issue statutory guidance but an augmenting of an existing power.

Justification for the delegated power

12. The purpose of any guidance under new section M1 is to support the police and other relevant public authorities who are eligible to apply for a Respect Order in how they discharge their functions under new Part A1 of the 2014 Act. There are analogous powers to issue guidance about the exercise of functions under Parts 1 and 2 of the 2014 (which relate to injunctions and Criminal Behaviour Orders); that guidance is available here. As with the existing statutory guidance under Parts 1 and 2 of the 2014 Act, the guidance under new section M1 is expected to cover such issues as the test for applying for a Respect Order, the appropriate prohibitions and requirements to seek to attach to an Order, the factors to be taken into consideration when conducting a pre-application risk assessment and the process for applying for an Order or for its variation or discharge. There is a vast range of statutory guidance, such as this, issued each year and it is important that guidance can be updated quickly to keep pace with operational good practice.

Justification for the procedure

13. Any guidance issued under new section M1 of the 2014 Act will not be subject to any parliamentary procedure on the grounds that it would provide practical advice to frontline practitioners on the discharge of their functions under new Part 1A of the 2014 Act and would be worked up in consultation with the police and other interested stakeholders. The guidance will not conflict with, or alter the scope of, the powers in new Part A1 of the 2014 Act in respect of Respect Orders. Moreover, whilst a person undertaking a risk assessment under new section J1 will be required to have regard to the guidance when exercising those functions, the guidance will not be binding. The approach taken in new section M1 of the 2014 Act is consistent with other legislative provisions providing for statutory guidance under the 2014 Act and elsewhere.

14. Similarly, the addition of the requirement for a person applying for an injunction under Part 1 of the 2014 Act to have regard to any guidance issued under section 19 of that Act when undertaking a risk assessment does not materially change the nature of the section 19 guidance and, as such, the Government continues to consider it appropriate that such guidance should not be subject to any parliamentary procure.

Rules of court

(i) Clause 1(2) – new sections E1(3), K1(5) and L1(2) of the Anti-social Behaviour Crime and Policing Act 2014: Power to make rules of court in respect of proceedings relating to Respect Orders.

(ii) Paragraph 3 of Schedule 1 – new section 1A(8) of the of the Anti-social Behaviour Crime and Policing Act 2014: Power to make rules of court in respect of applications for a housing injunction.

(iii) Clause 44(6) and 50(2) and new section 358I(2) of the Sentencing Act 2020 (as inserted by Schedule 5): Power to make rules of court in respect of proceedings relating to applications for and appeals relating to Child Criminal Exploitation Prevention Orders.

(iv) Clause 66(7): Power to make rules of court in respect of proceedings relating to an offence under section 65 outside of the United Kingdom.

(v) Clause 97(9) – new section 13(3) of the Stalking Protection Act 2019: Power to make rules of court in respect of applications to vary, renew or discharge a Stalking Protection Order.

(vi) Paragraph 19(3) of Schedule 16 – new section 35B(1) of the Proceeds of Crime Act 2002: Power to make rules of court in respect of the effect of part payment on the default term.

(vii) Clauses 175(5), 178(5), 181(1) and 182: Power to make rules of court in respect of proceedings relating to Youth Diversion Orders.

(viii) Clause 196(5): Power to make rules of court in respect of proceedings for an offence committed by a body corporate or partnership by virtue of clause 196.

Power conferred on: In England and Wales, the Criminal Procedure Rules Committee and Civil Procedure Rule Committee . In Northern Ireland, the Magistrates’ Courts Rules Committee, the Crown Court Rules Committee and the County Court Rules Committee. In Scotland, High Court of Justiciary and Court of Session

Power exercisable by: Rules contained in statutory instrument. In Scotland, Act of Adjournal or Act of Sederunt.

Parliamentary procedure: England and Wales and Northern Ireland - Negative resolution. Scotland – None specified.

Context and purpose

15. The Bill contains various provisions to enable rules of court to make provision relating to specified matters as detailed in paragraphs 16 to 29 below. See also paragraphs 288 to 294 which relates to provision in Schedule 13 for rules of court relating to IP address suspension orders and domain name suspension orders.

16. Clause 1 inserts new Part A1 into the anti-social Behaviour, Crime and Policing Act 2014 which provides for Respect Order, a new civil order to tackle persistent anti-social behaviour. Applications for a Respect Order are to be made to the High Court or county court (new section A1(7) of the 2014 Act). New section E1 of the 2014 Act provides for applications to be made without notice to the respondent. New section E1(3) enables rules of court to provide for an appeal from a decision of the High Court or the county court (a) to dismiss an application for a Respect Order made without notice, or (b) to refuse to make an interim order when adjourning proceeds on an application for a without notice order, may be made without notice being given to the respondent.

17. New section K1 of the 2014 Act provides that, save in respect of without-notice applications, notice of an application for a Respect Order must be given to the respondent. New section K1(5) provides for rules of court to determine the means by which notice of an on-notice hearing is given to the applicant and respondent.

18. New section L1 of the 2014 Act provides that the special measures for vulnerable and intimidated witnesses as set out in Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999 apply to respect order proceedings. Such measures may include giving evidence behind a screen or by video link or in private. New section L1(2) provides that rules of court made under or for the purpose of Chapter 1 of Part 2 of the 1999 Act apply to proceedings under new Part A1 of the 2014 Act to the extent provided by rules of court, and subject to any modifications provided by rules of court.

19. Schedule 1 which makes consequential amendments to Part 1 of the 2014 Act to provide for youth injunctions and housing injunctions which will continue to operate in the same way as the existing injunctions under Part 1 of the 2014 Act. Paragraph 3 of Schedule 1 inserts new section 1A into the 2014 Act which will enable relevant authorities to able to apply for a housing injunction for ASB perpetrators aged 18 or over committing housing related anti-social behaviour that is causing nuisance or annoyance in the same way as with previous civil injunctions. New section 1A(8) provides that an application for a housing injunction must be made to the High Court or county court, subject to any rules of court made under section 18(2) of the 2014 Act (as amended by paragraph 17 of Schedule 1).

20. Clauses 42 to 54 make provision for Child Criminal Exploitation Prevention Orders (“CCEPOs”) made on application or by the court on its own volition at the end of criminal proceedings on acquittal or a finding that the individual was not guilty by reason of insanity or is under a disability and has done the act charged against them. Clause 55 and Schedule 5 make provision for CCEPOs made on conviction. A CCEPO is a new civil order, which enables prohibitions or requirements to be imposed by courts on individuals involved in CCE in order to protect children from harm from criminal exploitation by preventing future offending. Clause 50 sets out the circumstances in which an affected person may appeal against a decision of a court in respect of a CCEPO. Clause 50(6) provides that rules of court may make provision for appeals of a court decision following a without notice application may be made without notice being given to the defendant. Clause 54(2) provides that applications (for the making, variation or discharge of CCEPOs) are to be made by complaint to the magistrate’s court or in accordance with rules of court in any other case. New section 358I(2) of the Sentencing Act 2020, as inserted by Schedule 5, provides that applications under new Chapter 2A of part 11 of the Sentencing Act (which provides for CCEPOs on conviction, and permits applications for variation or discharge of such orders) are to be made by complaint to a magistrates’ court, or in accordance with rules of court, in any other case.

21. Clause 65 provides for a new offence of carrying out relevant activity with the intention of facilitation child sexual exploitation and abuse. This is designed to cover individuals who are colloquially known as ‘moderators’ or ‘administrators’ of websites containing child sexual abuse material (“CSAM”). Clause 66 provides for the offence in clause 65 to have extra-territorial application in certain circumstances. Clause 67(2) and (3) make it an offence in England and Wales, Scotland and Northern Ireland for a British citizen, UK body or UK resident to undertake conduct overseas which if committed in the UK would constitute an offence under clause 65. In the case of a UK resident, the conduct must also constitute an offence in the country where it took place (subsection (3)(b)).  Clause 66(4) and (5) extends the extra-territorial application of the offence to non-UK citizens, bodies and residents in cases where they have become a UK citizen, body or resident at the time proceedings are brought in the UK. Again, in such cases there is a dual criminality requirement (subsection (4)(b)). Clause 66(7) provides that the condition in subsection (3)(b) and (4)(b) is to be taken to be met unless, not later than rules of court may provide, the defendant services notice on the prosecution a notice setting out the matters set out in paragraphs (a) to (c) of subsection (7).

22. Clause 97 amends the Stalking Protection Act 2019 (“the SPA 2019”) so as to extend to the courts in England and Wales the power to impose a stalking protection order (“SPO”) on acquittal. Currently the 2019 Act makes provision for SPOs to be made by a magistrates’ court only on application by a chief officer of police. Clause 97(9) inserts new subsection (3) into section 14 of the SPA 2019 which provides for an application (for the variation, renewal or discharge of an SPO) to the Crown Court under any provision in the SPA 2019 is to be made in line with the rules of court.

23. Schedule 16 makes various reforms to the confiscation regime in respect of the proceeds of crime as provided for in Part 2 of the Proceeds of Crime Act 2002. Paragraph 19 of Schedule 16 replaces section 35 of POCA (enforcement as fines) with new sections 35A to 35R. The purpose of these new provisions is to allow the Crown Court to enforce confiscation orders where appropriate. (Under the current law, enforcement of confiscation orders is dealt with by a magistrates’ court.)  New section 35B specifies the formula by which the default term should be reduced where there has been part payment of the confiscation order in accordance with rules of court.

24. Chapter 1 of Part 14 introduces new Youth Diversion Orders (“YDOs”) for terrorism-related cases. The YDO is a new counter-terrorism risk management tool available for individuals under the age of 22. The intention of the YDO is to divert a young person away from terrorist offending (and/or further terrorist offending) and enable the police to intervene at an earlier stage.

25. Clause 175 makes provision for applications for a YDO without notice being given to the respondent. Clause 175(2) provides that, where the application is made without notice in England and Wales or Northern Ireland, the applicant is not required to comply with the consultation requirements set out in clause 174(1) (duty to consult). However, the applicant must meet the clause 174(1) consultation requirement before the first hearing, of which notice has been given.  Clause 175(5) provides that in clause 175 “full hearing” means a hearing of which notice has been given to the applicant and the respondent in accordance with rules of court.

26. Clause 178 makes provision for appeals against YDOs. Subsection (5) provides for Rules of Court to make provision about appeals against decisions made without notice to the Respondent.

27. Clause 181 makes provisions for rules of court relating to YDO proceedings to make provision for anonymity orders. Subsection (2) provides for an anonymity order to include such prohibitions or restrictions as the court considers are appropriate relating to the disclosure of information, by such persons as the court specifies or by persons generally, regarding the identity of the respondent or any information that may identify the respondent.

28. Clause 182 makes provision for YDO applications to be made by complaint to a youth court or other magistrates’ court and, in any other case, should be made in accordance with rules of court.

29. Clause 196 clause enables a body corporate or partnership to be held criminally liable where a senior manager commits any offence while acting within the actual or apparent authority granted by the organisation. Subsection (5)(a) provides that for the purpose of proceedings under this clause against a partnership, rules of court relating to the service of documents have effect as if the partnership were a body corporate.

Justification for the power

30. Rules Committees exist in England and Wales, Scotland and Northern Ireland to make and maintain, or keep under review and comment on, rules governing the practice and procedure of the criminal and civil courts. The committees are independent of government. The powers provided in the provisions specified above refer to powers that already exist in legislation to make criminal or civil procedure rules.  Rules of court may make provision at a level of detail that is not appropriate to be made in primary legislation. The point of allowing the Rules to provide the supplementary procedures is to keep criminal or civil procedure, as the case may be, consistent and easy to find, and to make it possible for procedures to be up to date and efficient in the light of experience. It is not considered that proceedings relating to the civil orders or offences specified above require a departure from the existing procedures for making rules for the relevant court.

Justification for the procedure

31. Rules of court in England and Wales, relating to criminal proceedings, are made by the Criminal Procedure Rule Committee under section 69 of the Courts Act 2003.  The power of the Criminal Procedure Rule Committee to make Criminal Procedure Rules is subject to the Lord Chancellor “allowing the rules” and section 72(6) of the 2003 Act provides that a statutory instrument containing such rules is subject to the negative procedure. It is therefore considered that the negative procedure is most appropriate level of Parliamentary scrutiny for this new rule-making power.

32. Rules of court in England and Wales relating to civil proceedings, are made by the Civil Procedure Rule Committee under powers contained in the Civil Procedure Act 1997. Under section 2(8) of the 1997 Act, rules made by the Civil Procedure Rule Committee must be submitted to the Lord Chancellor who can “allow or disallow them” and section 3(2) of the 1997 Act provides that a statutory instrument containing such rules is subject to the negative procedure. It is therefore considered that the negative procedure is most appropriate level of Parliamentary scrutiny for this new rule making power.

33. Section 305 of the Criminal Procedure (Scotland) Act 1995 provides for rules and regulations for criminal procedure to be made by Act of Adjournal.  The Criminal Courts Rules Council, established under section 304 of the 1995 Act, must consider and comment on any draft Act of Adjournal in relation to court rules.  Section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 provides that an Act of Adjournal is a Scottish Statutory Instrument. Acts of Adjournal that prescribe matters which relate to the practice and procedure of the Scottish Courts are not subject to parliamentary scrutiny, but must be laid before the Scottish Parliament as soon as is practicable after they are made. Civil procedure rules are made by the Court of Session by Act of Sederunt under powers conferred by sections 103 and 104 of the Courts Reform (Scotland) Act 2014. Acts of Sederunt are not subject to any parliamentary procedure.

34. Rules of court in Northern Ireland are statutory rules for the purposes of the Statutory Rules (Northern Ireland) Order 1979. Rules of court in relation to the Magistrates’ Court are made by the Magistrates’ Courts Rules Committee in accordance with Article 13 of the Magistrates’ Courts (Northern Ireland) Order 1981 (“the 1981 Order”). Under Article 13A of the 1981 Order, Magistrates’ Court Rules are subject to negative resolution before the Northern Ireland Assembly.

35. Rules of court in relation to the County Court are made by the County Court Rules Committee in accordance with Article 47 of the County Courts (Northern Ireland) Order 1981 (“the County Courts Order”). Under Article 47A of the County Courts Order, County Court Rules are subject to negative resolution before the Northern Ireland Assembly.

36. Rules of court in relation to the Crown Court are made by the Crown Court Rules Committee in accordance with section 53A of the Judicature (Northern Ireland) Act 1978 (“the 1978 Act”).  Under section 56(1) of the 1978 Act, as applied by section 53(3) of that Act, Crown Court Rules are subject to negative resolution before the Northern Ireland Assembly.

37. Where the Magistrates’ Courts Rules, the County Court Rules, or the Crown Court Rules, deal (or would deal) with an excepted matter, they are required to be submitted to the Lord Chancellor and are also subject to negative resolution in Parliament.

38. As these provisions are in line with the existing powers to make rules of court, it is considered that the relevant procedures afford the most appropriate level of scrutiny for these new rule-making powers.

Clause 6(5)(d) – new paragraph 11 of Schedule 4 to the Anti-social Behaviour, Crime and Policing Act 2014: Duty to have regard to guidance about anti-social behaviour case reviews

Schedule 3 - paragraph 10 of new Schedule 4A to the Anti-social Behaviour, Crime and Policing Act 2014: Duty to have regard to guidance about local policing bodies’ anti-social behaviour case reviews

Powers conferred on: Secretary of State

Power exercised by: Guidance

Parliamentary procedure: None

Context and purpose

39. Sections 104 and 105 of and Schedule 4 to the 2014 Act makes provisions about Anti-Social Behaviour (ASB) Case Reviews. An ASB Case Review gives victims of ASB the right to request a review of their case where a local threshold is met. The local threshold is to be defined by local agencies, but is at least three complaints of ASB in the previous six-month period. The review is designed to bring agencies together to take a joined-up, problem solving approach to find a solution for the victim. Responsibility for conducting ASB case reviews rests with “the relevant bodies”, namely the local authority, police, clinical commissioning groups and providers of social housing.

40. Clause 6(3) inserts new section 104A into the 2014 Act which provides for an oversight role for local policing bodies in respect of ASB case reviews. In particular, new section 104A confers on local policing bodies powers to undertake a review of an ASB Case Review (an “LPB case review”) in response to an application by a victim of ASB or someone acting on their behalf. Clause 6(5)(d) inserts new paragraph 10 into Schedule 4 to the 2014 Act which places a further duty on local policing bodies to promote awareness of ASB case reviews. New Schedule 4A to the 2014 Act makes further provision in respect of LPB case reviews, including provision in respect of the making and revising of LPB case review procedures, the conduct of LPB case reviews and a duty to promote awareness of LPB case reviews. Paragraph 10 of new Schedule 4A to the 2014 Act requires local policing bodies to have regard to any guidance issued by the Secretary of State when carrying out its functions under section 104A of or Schedules 4 or 4A to the 2014 Act.

41. Clause 6(5)(d) also inserts new paragraph 11 into Schedule 4 to the 2014 Act which requires relevant bodies to have regard to any guidance issued by the Secretary of State when carrying out their functions under section 104A of or Schedules 4 to the 2014 Act.

42. In each instance, the Bill does not confer a statutory power on the Secretary of State to issue such guidance, instead any such guidance will be issued by the Secretary of State exercising the common law powers of the Crown. Non-statutory guidance in respect of ASB case reviews is already provided by the Home Office.

Justification for taking the powers

43. Section 104 of and Schedule 4 to the 2014 Act set out on the face of that Act certain functions of “relevant bodies” in respect of ASB case reviews. Similarly, clause 6 of and Schedule 3 to the Bill set out on the face of the 2014 Act certain functions of local policing bodies in respect of LPB case reviews. Guidance will assist in ensuring that relevant bodies and local policing bodies carry out their functions in relation to ASB case reviews and LPB case reviews consistency across England and Wales. The guidance is intended to assist and not direct relevant bodies and local policing bodies by providing practical advice on how they may effectively discharge these functions. There is a vast range of statutory and non-statutory guidance issued each year and it is important that guidance can be readily updated to keep pace with events and operational good practice.

Justification for the procedure  

44. Any non-statutory guidance issued by the Secretary of State for the purpose of paragraph 11 of Schedule 4 and paragraph 8 of new Schedule 4A to the 2014 Act is not subject to any parliamentary procedure. It will deal with practical advice to relevant bodies and local policing bodies in exercising their powers under section 104 or 104A of or Schedules 4 or 4A to the 2014 Act and will have been the subject of consultation with interested parties before it is issued. The guidance will not conflict with the statutory framework governing the operation of ASB case reviews or LPB case reviews and although relevant bodies and local policing bodies must have regard to any guidance issued, there will be no statutory duty for persons to abide by the guidance – the aim is to assist practitioners not to direct them. This approach is in keeping with the statutory guidance provided for in the 2014 Act.

Clause 7 – new section 105A(1) of the Anti-social Behaviour, Crime and Policing Act 2014: Power to require provision of information relating to anti-social behaviour

Power conferred on: Secretary of State

Power exercisable by: Regulations made by statutory instrument

Parliamentary procedure: Negative procedure

Context and purpose

45. Anti-social behaviour (“ASB”) causes significant harms to communities with Crime Survey for England and Wales data for year ending June 2024 suggesting 36% of respondents personally witnessed or experienced ASB in their area. One million ASB incidents were recorded by the police in the year ending June 2024.

46. Current information on ASB incidents and the response to them held by central government is limited, constituting a gap in the national picture of the use of ASB powers to tackle the problem. Despite non-police agencies, such as local authorities and social housing providers, playing a central role in the response to ASB, there is currently no national data on volumes of ASB reports made to non-police agencies, how these agencies use the ASB powers in the 2014 Act, or how many ASB case reviews local agencies conduct. Collecting this data will enable better monitoring of targeted ASB interventions and help to inform future activity to tackle ASB.

47. To this end, clause 7 of the Bill inserts new section 105A into the 2014 Act which confers a power on the Secretary of State, by regulations, to make provision requiring specified relevant authorities to provide to the Secretary of State specified information relating to anti-social behaviour.

48. Such regulations may, in particular, require a relevant authority (as defined in new section 105A(8)) to provide information about reports of anti-social behaviour made to the authority, responses of the authority to ASB, and ASB case reviews carried out by a relevant authority (new section 105A(2)). Regulations may require a relevant authority to collect or otherwise obtain information, create information, retain information or process information for the purpose of providing specified information to the Secretary of State (new section 105A(3)). The regulations may further specify the form and regularity of such reports (new section 105A(4)). Regulations may make different provision for different purposes, for example, different relevant bodies may be required to submit categories of information that are unique to them (new section 105A(5)). Regulations may not require the disclosure of information in contravention of data protection legislation (new section 105A(6)).

49. Before making regulations, the Secretary of State must consult such persons as the Secretary of State considers appropriate (new section 105A(7)).

Justification for the delegated power

50. Clause 7 establishes the principle that relevant authorities, such as local authorities and social housing providers, are to provide specified information about ASB to the Secretary of State. The categories of information to be provided and the form and regularity in which it is to be provided is a secondary matter appropriately left to regulations. The categories of information that it is appropriate to collect make vary over time, for example to reflect the introduction of new powers to tackle ASB or the changing nature of ASB. Specifying the data sets to be reported to the Secretary of State in regulations will enable the requirements on relevant bodies to be updated promptly in response to such developments.

51. Section 44 of the Police Act 1996 confers a similar power on the Secretary of State to require a chief officer of police to provide the Secretary of State with information on such matters as may be specified in the requirement, being matters connected with the policing of the police area for which that police force is maintained, or the discharge of the national or international functions of that police force. This power is exercised administratively rather than by statutory instrument.

Justification for the procedure

52. By virtue of section 182(4) of the 2014 Act, any regulations made under new section 105A of the 2014 Act are subject to the negative resolution procedure. Given the regular parliamentary interest in ASB and the response to it, including periodic parliamentary questions requesting statistical information, it is considered appropriate to provide this level of parliamentary scrutiny to these regulations, notwithstanding the precedent of section 44 of the Police Act 1996 which confers a similar power on the Secretary of State  in relation to information requests to chief officers of police and which is not subject to any parliamentary procedure. The negative procedure is also considered appropriate given that any such regulations would place new requirements on relevant authorities to provide ASB-related information to the Secretary of State.

Clause 9 - New section 34CZA(1) of the Environmental Protection Act 1990: Power to issue guidance to waste collection authorities on the exercise of fly-tipping enforcement functions

Power conferred on: Secretary of State

Power exercised by: Guidance  

Parliamentary procedure: Laying only

Context and purpose

53. New section 34CZA of the Environmental Protection Act 1990 (“the 1990 Act”) confers a power on the Secretary of State to issue guidance to waste collection authorities (namely local authorities) in connection with the enforcement of:

• section 33(1)(a) of the 1990 Act (prohibition on unauthorised deposit of controlled waste); and
• section 34(2A) of the 1990 Act (duty to secure that household waste transferred only to authorised persons).

54. The guidance will support waste collection authorities in implementing a consistent, proportionate and effective approach to enforcement against these offences, with the aim of establishing general best practice, ensuring greater consistency between different waste collection authorities and improving public confidence in such enforcement activity.

55. The guidance will also help councils understand Government expectations in particular scenarios. For example, where householders leave small amounts of waste next to their bins on collection day or unwanted, but reusable items, at the boundary of their property for other to take for free. Enforcement action in these scenarios may be viewed as illegitimate or disproportionate, which undermines public confidence and can impede the ability for enforcement to achieve the aims of reducing fly-tipping and reinforcing social pressure against fly-tipping behaviour in general.

56. In accordance with new section 34CZA(2) of the 1990 Act, an English waste collection authority must have regard to any guidance issued under section new section 34CZA.

57. Before issuing any guidance the Secretary of State must consult such persons as they consider appropriate. Any guidance, or revised guidance, issued to waste collection authorities must be laid before Parliament and published.

Justification for taking the powers

58. The power to issue statutory guidance is necessary to ensure that the various waste collection authorities undertake their fly-tipping enforcement functions in a consistent proportionate and effective way, so that they operate as an effective deterrent and retains the support of the wider public across the country.  It would not be appropriate to have the kind of considerable detail necessary to achieve this aim in legislation, especially given that this is an area where a local response, tailored to a particular community, is required. Best practices may also develop and change over time.

59. A similar power is contained in section 88B of the 1990 Act (inserted by section 68 of the Environment Act 2021) to issue guidance to litter authorities on the exercise of littering enforcement functions.

Justification for the procedure  

60. Any guidance issued under new section 34CZA of the 1990 Act is not subject to any parliamentary procedure, beyond a requirement to lay the guidance before Parliament, on the grounds that it would provide practical advice to waste collection authorities on enforcement against offences under sections 33(1)(a) and 34(2A) of the 1990 Act and would be developed in consultation with local authorities and other interested stakeholders. The guidance will not conflict with, or alter the scope of, fly-tipping enforcement powers in the 1990 Act. Moreover, whilst English waste collection authorities will be required to have regard to the guidance, they may diverge from the guidance when this is appropriate for the particular scenario. The requirement to lay the guidance before Parliament is consistent with the position taken with the analogous power in section 88B of the EPA 1990 and the recommendation of the Delegated Powers and Regulatory Report Committee in its report on the Environment Bill (Third Report of session 2021/22).

Civil penalties for content managers of platforms advertising etc unlawful weapons:

• (a) Clause 13(1): Duty to designate coordinating officer for the purposes of Chapter 1 of Part 2;
• (b) Clause 18(3): Power to uprate civil penalty for failure to comply with content manager requirements;
• (c) Clause 18(6): Power to uprate civil penalty for failure to comply with content removal notice or decision notice;
• (d) Clause 20(5)(f): Power to specify form of, and further information contained in, content removal notice;
• (e) Clause 24: Power to issue guidance about the exercise of functions under, or in connection with, Chapter 1 of Part 2.

Powers conferred on: Secretary of State

Powers exercised by:

(a) Administrative direction

(b) to (d) Regulations made by statutory instrument

(e) Statutory guidance

Parliamentary procedure:

(a) and (e) None

(b) to (d) Negative resolution procedure

Context and purpose

61. Chapter 1 of Part 2 of the Bill (comprising clauses 12 to 26 and Schedule 4) introduces a sanctions regime for social media platforms, online marketplaces and online search services, together with their senior managers, who fail to take down illegal content relating to knives and offensive weapons. The measures implement the Labour Party’s manifesto commitment to personally hold to account executives of online companies that flout the laws regulating the online sale of knives. These measures also support the tightening of controls on online sales of knives and the Government’s Safer Streets Mission on halving knife crime in a decade.

62. These clauses grant chief officers of police and the Director General of the National Crime Agency (“NCA”) the power to issue content removal notices (“CRNs”) to online companies and a designated UK based senior manager of that organisation to act as the “content manager” for the purpose of these provisions. These will require companies to take down specified illegal content relating to the sale of knives and offensive weapons within 48 hours. Recipients of CRNs will have the right to request they are reviewed by the police or NCA, as the case may be.

63. Clause 13(1) requires the Secretary of State to designate a “coordinating officer” to perform the functions conferred on that officer under Chapter 1. The coordinating officers must be a member of a relevant police force or an NCA officer.

64. Clauses 14, 15, 16 and 17 set out the criteria and process for online companies to appoint an appropriate person as content manager. Clause 18(2) confers on the coordinating officer the power to issue a CPN of up to £60,000 to companies that fail to appoint an appropriate person as content manager when required to do so.

65. Following failure to comply with a CRN, clause 23 confers on the police and NCA the power to issue civil penalty notices (“CPN”) of up to £60,000 to the online company and up to £10,000 to the designated content manager.

66. Clause 18(3) and clause 23(6) confer a power on the Secretary of State, by regulations, to uprate the maximum level of the civil penalties of £60,000 and £10,000 to reflect changes in the value of money.

67. Clause 20(4) sets out the required content of a CRN and clause 20(5)(f) confers on the Secretary of State the power, by regulations, to prescribe the form of a CRN and prescribe additional information that must be included in such a notice.

68. Clause 24 confers on the Secretary of State the power to issue statutory guidance to chief officers of police and the Director General of the NCA on how to exercise their functions under Chapter 1 of Part 2 of the Bill. Chief officers and the NCA Director General must have regard to such guidance when exercising these functions.

Justification for the power

69. The provisions in Chapter 1 of Part 2 serve to ensure that unlawful weapons content (as defined in clause 19) is promptly removed from online platforms. By their nature such platforms operate across the UK and are not confined to a particular police force area. That being the case, it is appropriate that various functions under Chapter 1 of Part 2 are discharged by a single national coordinating officer rather than duplicated across the NCA and individual police forces throughout the UK. The Bill stipulates that the coordinating officer must be a member (that is a police officer) of a relevant police force or an NCA officer. Beyond that, it is considered appropriate the vest in the Secretary of State the administrative task of designating a qualifying person as the coordinating officer, not least as the designated coordinating officer is likely to change periodically, for example, as the designated officer changes role or retires.

70. By virtue of clause 20(5)(a) to (e), the information to be included in a CRN is largely set out on the face of primary legislation. It is considered appropriate to confer on the Secretary of State to prescribe additional information to be included in a CRN to reflect experience in the operation of the scheme and technological developments.  For example, should new forms of social media emerge, additional information in a CPN may help social media platforms locate the specified illegal content to be removed.

71. The power to prescribe a standardised form of a CRN will assist the consistent operation of the scheme across the country to the benefit of both the police/NCA and online companies/content managers. Leaving the form to be prescribed in secondary legislation will also enable it to be readily updated to reflect experience in operating the scheme and the addition of any new prescribed information to be included in a CRN. Moreover, prescribing the form of a CRN is an administrative matter appropriately left to secondary legislation. There are numerous precedents for the form of statutory notices and other similar documents to be left to subordinate legislation.

72. The powers to amend the sums specified in clauses 18 and 23 will allow the civil penalties under this regime to be uprated in line with inflation. This will ensure that the amount of these civil penalties is not devalued over time. These are narrow powers, in particular, they do not extend to a power to make quantitative changes to the prescribed sums beyond those necessary to take account of inflation. There are numerous precedents for monetary limits specified in primary legislation being amended by secondary legislation.

73. The purpose of statutory guidance issued under clause 24 is to support the police and NCA in the discharge of their functions under Chapter 1 of Part 2 of the Bill. Specifically, the guidance will provide detail on the responsibilities of the coordinating officer; the administration of appointment notices, CRNs, and CPN; the process for reviewing CRNs; and any other necessary detail on the operation of the sanctions regime. There is a vast range of statutory guidance, such as this, issued each year and it is important that guidance can be updated quickly to keep pace with operational good practice.

Justification for the procedure

74. The power to designate a coordinating officer under clause 13 is not subject to any parliamentary procedure. This is considered appropriate given the administrative nature of such a designation.

75. By virtue of clause 198(4) of the Bill, regulations made under clauses 18, 20 and 23 are subject to the negative resolution procedure.

76. In relation to the powers to update the civil penalties in line with inflation, the negative procedure is considered to afford an adequate level of parliamentary scrutiny, notwithstanding that this is a Henry VIII power, as the effect of any such regulations would be no more than to restore the value of the civil penalties as originally approved by parliament when enacting this legislation.

77. In relation to the regulation-making power in  clause 20, the negative procedure is considered to afforded an appropriate level of parliamentary scrutiny given the administrative nature of any such regulations which will either simply proscribe the form of a CRN or specify additional information to be included in such a notice (by its nature, any such additional information, must be relevant to the operation of the scheme as set out in primary legislation).

78. Any guidance issued under clause 24 will not be subject to any parliamentary procedure on the grounds that it would provide practical advice on the discharge by chief officers and the NCA Director General of their functions under Chapter 1 of Part 2 of the Bill. The guidance will not conflict with, or alter the scope of, the duties on chief officers / the NCA Director General in Chapter 1 of Part 2. Moreover, whilst chief officers and the NCA Director General will be required to have regard to the guidance when exercising those functions, the guidance will not be binding.

Clause 30 – new section 93ZA(11) of the Armed Forces Act 2006: Power to make provision in respect of appeals against refusal of an application to a commanding officer for an order for delivery of seized bladed articles

Power conferred on: Secretary of State

Power exercisable by: Regulations made by statutory instrument

Parliamentary procedure: Negative resolution procedure

Context and purpose

79. Clause 29 creates a new police power to seize, retain and destroy legally held bladed articles from private property when a constable is lawfully on the private premises and they have reasonable grounds to suspect the bladed article will likely be used in connection with unlawful violence. Clause 29(6) to (8) enable a person claiming to be the owner of a seized bladed article to apply to a magistrates’ court to recover the article. A magistrates’ court may make an order for the return of the article if they are satisfied that the claimant is the owner of the article and it would be just to make such an order. In determining whether it was just to make an order, a magistrate would, amongst other things, be expected to consider whether the test for the seizure of the article has been made out, namely that there were reasonable grounds for suspecting that the relevant article would be likely to be used in connection with unlawful violence. Subsection (8) provides that a relevant article cannot be disposed of within six months of its seizure and then only on the conclusion of any proceedings in respect of the recovery of the article.

80. Clause 30 confers equivalent powers to those in clause 29 for the service police, that is the Royal Military Police, the Royal Navy Police and the Royal Air Force Police. Where the owner of a seized bladed article seeks to recover the article, an application is to be made to their commanding officer rather than to a magistrates’ court (new section 93ZA(7) of the Armed Forces Act 2006 (“the 2006 Act”)). New section 93ZA(10) then provides for a right of appeal to a judge advocate (as defined in section 362 in the 2006 Act) against a decision of a commanding officer regarding delivery of the relevant article. New section 93ZA(11) enables the Secretary of State, by regulations, to make further provision in respect to the practice and procedure which is to apply in connection with applications for a determination under new section 93ZA(7) and appeals under new section 93ZA(10). Such regulations may also make provision for conferring functions on judge advocates in relation to appeals under section 93ZA(10).

Justification for taking the power

81. The 2006 Act allows the Secretary of State to make rules of court for the Court Martial, Service Civilian Court and Summary Appeal Court.  Where it is not clear which Court would have jurisdiction, the 2006 Act generally confers functions on an individual judge advocate or upon a commanding officer.  Where this is done, it is necessary to prescribe specific procedural rules which fall outside the individual court rules.  An example of this is section 94 of the 2006 Act, and the Armed Forces (Disposal of Property) Regulations 2023 which were made under that section.  New section 93ZA(7) deals with a similar issue to that dealt with in section 94 - the return of property that has come into the possession of the service police – and so similar powers are required.

Justification for the procedure

82. By virtue of section 373(4) of the 2006 Act, regulations made under new section 93ZA(11) are subject to the negative procedure. The powers in new section 93ZA(11) relate to procedure for appeals before a judge advocate. With the exception of rules as to the constitution of the Court Martial, and the sentencing powers of the Court Martial where a person elects for trial by Court Martial, which are subject to the draft affirmative procedure by virtue of section 373(3)(f) of the 2006 Act, all of the Secretary of State’s powers to make procedural rules for the service courts are subject to the negative procedure. It is therefore considered appropriate that the power under new section 93ZA(11) should also be subject to the negative procedure.

Remote sale of knives and crossbows:

• (a) Clause 31: new section 141B(4A)(d) of the Criminal Justice Act 1988 – Power to add to the list of identity documents;
• (b) Clause 32: new section 39A(5)(d) of the Offensive Weapons Act 2019 – Power to add to the list of identity documents;
• (c) Clause 33: new section 1B(5)(d) of the Crossbows Act 1987 - Power to add to the list of identity documents;
• (d) Clause 32: new sections 39A(7), 40A(9), 40B(9), 40C(9) and 40D(14) of the Offensive Weapons Act 2019 – Power to provide for other defences for a person charged with an offence under section 38, 40A, 40B, 40C and 40D respectively.
• (e) Clause 34: new section 1D(6), 1E(7), 1F(7),  1G(7) and 1H(12) of the Crossbows Act 1987 - Power to provide for other defences for a person charged with an offence under section 1C, 1E, 1F, 1G and 1H respectively.
• (f) Clause 32: amendment to section 66(1) of the Offensive Weapons Act 2019 – Power to issue guidance relating to offensive weapons etc
• (g) Clause 35(3): amendment to section 66(1) of the Offensive Weapons Act 2019 – Power to issue guidance relating to offensive weapons etc

Power conferred on: Secretary of State

Power exercisable by:

(a) to (e) Regulations made by statutory instrument

(f) and (g) Statutory guidance

Parliamentary procedure:  

(a) to (c) Negative procedure

(d) and (e) Draft affirmative procedure

(f) and (g) None

Context and purpose

83. Clauses 31 and 32 introduce stricter age verification checks for the online sale and delivery of knives following the stabbing carried out in Southport in July 2024. The attacker had used a false identity to buy knives. The purpose is to impose strict requirements for age verification checks, and to ensure the item is only delivered to the buyer and not given to anyone else (where the buyer is an individual), to mitigate the risk that under 18s use fraudulent ways of identification in order to purchase knives online.  The policy intention is to deter the acquisition of knives by under-18s, and to support the wider intention of reducing knife crime. Clauses 33 to 35 make similar provision for stricter age verification checks for the online sale, letting on hire, and delivery of crossbows or part of a crossbow.

84. Clause 31 amends section 141B of the Criminal Justice Act 1988 (“CJA 1988”). Section 141A of the CJA 1988 (sale of knives, etc., to persons under 18) provides that a person who sells to a person a ‘bladed article^{[footnote 1]}’ will be guilty of an offence, subject to a maximum penalty of six months’ imprisonment (to be increased to two years by clause 11 of the Bill) or an unlimited fine or both.  It is a defence for the defendant to prove they took all reasonable precautions and exercised all due diligence.

85. Section 141B of the CJA 1988 provides some limitations to that defence. Where the seller or seller’s agent is not in the presence of the buyer, the seller will not be regarded as having taken ‘all reasonable precautions and exercised all due diligence’ unless all of the following conditions were met:

• Condition A: the seller operated a system for checking a buyer is not under 18, and the system was likely to work.
• Condition B: the package containing the article was clearly marked by the seller that it contained a bladed or sharply pointed article and it should only be delivered into the hands of a person aged 18 or over.
• Condition C: the seller took all reasonable precautions and exercised all due diligence to ensure that it would be delivered into the hands of someone over 18.
• Condition D: the seller did not deliver the package (or arrange for its delivery) to a “locker”.^{[footnote 2]}

86. Section 38 of the OWA 2019 (delivery to residential premises) provides that where the seller and buyer are not in each other’s presence at the time of the transaction, the seller commits an offence if the seller delivers or arranges delivery of the ‘bladed product’ to a residential premises or to a locker.

87. Section 38 is subject to the defences in section 40, including where:

• the seller took all reasonable precautions and exercised due diligence;
• the seller, when delivering, had procedures in place to ensure it would not be given to a person aged under 18 at residential premises;
• the seller made sure the courier had procedures in place;
• the bladed article was a bespoke item for that buyer or was adapted for the buyer;
• the seller reasonably believed the buyer had bought bladed article for sporting purposes or historical re-enactment.

88. Section 39 of the OWA 2019 (delivery to persons under 18) provides where a UK- based seller has an arrangement with a courier which includes the delivery of bladed products, the courier when delivering to a residential premises commits an offence if the bladed article is not delivered into the hands of a person aged 18 or over. It is a defence for the courier to show they took all reasonable precautions and exercised all due diligence.

89. Where a section 141A ‘article’ is purchased and the seller and buyer are not present, clause 31 amends Condition A, one of the conditions that need to be met in order for the seller to prove that they took all reasonable precautions and exercised all due diligence to avoid the commission of an offence.  The revised ‘Condition A’ requirement is that before the sale of the article (a) the seller must have obtained from the buyer (i) a copy of an identity document issued to the buyer, and (ii) a photograph of the buyer, and (b) on the basis of the documents obtained under paragraph (a), a reasonable person would have been satisfied that the buyer was aged 18 or over. For these purposes, new section 141B(4A)(a) to (c) of the CJA 1988 defines an identity document as a UK passport, a foreign passport, or a GB or Northern Ireland driving licence.

90. New section 39A of the OWA 2019 (inserted by clause 30(2)) introduces defences for a seller in England and Wales who delivers or arranges for delivery of a bladed product to residential premises in contravention of the existing offence under section 38. New section 40A (inserted by clause 32(3)) creates an offence for a courier or person on behalf of the courier to deliver a bladed product sold by UK seller to residential premises. New section 40B makes it an offence for a seller to deliver a bladed product to a collection point in England and Wales or arrange for a bladed product to be delivered to a collection point in England and Wales. New section 40C creates an offence for a courier to deliver a bladed product sold by a UK seller to a collection point in England and Wales. New section 40D makes it an offence for the operator of a collection point or a person acting on behalf of the operator to hand over a bladed product to a person who is not an “eligible person”. An eligible person is someone who is 18 or over and (if the buyer is an individual) is the buyer. New section 42A (inserted by clause 32(4)) creates an offence for a courier or person on behalf of the courier to deliver a bladed article sold by a non-UK seller to premises in England and Wales.

91. The new offences created by clause 32 apply to a seller, courier or operator of a collection point unless they put measures in place to ensure that the item will not be handed to a person under 18 and to a person other than the buyer (if the buyer is an individual). The collection point operator, or person acting on behalf of an operator, must give the bladed product into the hands of the buyer, who must be at least 18 years old. If the courier, collection point operator, or person acting on behalf of an operator fails to do act as required, they may commit a summary offence attracting a maximum penalty of an unlimited fine.

92. It will be a defence for a seller to show that they marked the package to say that it contained a bladed product and that it should only be handed to an eligible person, and that they took all reasonable precautions and exercised all due diligence to ensure that the package containing the bladed product would be given into the hands of such a person.

93. It will be a defence for a courier to show that the package was marked to say that it contained a bladed product and that it should only be handed to an eligible person, and that they took all reasonable precautions and exercised all due diligence to ensure that the package containing the bladed product would be given into the hands of such a person.

94. It will be a defence for a collection point operator or person acting on behalf of an operator to show that (where the buyer is an individual) the prescribed form of identity document (defined as a UK or foreign passport or GB or Northern Ireland driving licence) was checked and that the ID would have satisfied a reasonable person that the person receiving was over 18 and (if the buyer was an individual) was the buyer.

95. It will be a defence for a courier, collection point operator, or person acting on behalf of an operator to show that they did not know, and a reasonable person would not have known, that the product was a bladed product.

96. New section 141B(4A)(d) of the CJA 1988 and new section 39A(5)(d) of the OWA 2019 confer powers on the Secretary of State, by regulations, to add to the list of identity documents for these purposes.

97. New section 39A(7), 40A(9), 40B(9), 40C(9) and 40D(14) of the OWA 2019 enable the Secretary of State, by regulations, to provide for other defences for a person charged with an offence under sections 38, 40A, 40B, 40C and 40D respectively.

98. Clause 32(10) amends section 66(1)(j) of the OWA 2019 to extend the power conferred on the Secretary of State to issue guidance relating to offensive weapons to include guidance on the effect of new sections 42A of that Act (delivery of bladed articles sold by non-UK seller to premises). Such guidance would also be capable of covering the provisions in new sections 39A, 40A, 40B, 40C and 40D of the OWA 2019 by virtue of the existing drafting of section 66(1)(j).

99. Clause 35(3) also amends section 66(1) of the OWA 2019 to extend the power conferred on the Secretary of State to issue guidance relating to offensive weapons to include guidance on the offences under the Crossbows Act 1987.

100. Clause 33 amends the Crossbows Act 1987 (“CA 1987”). Section 1 of the CA 1987 makes it an offence to sell or let for hire ‘a crossbow or part of a crossbow’ to a person under 18 unless they believe the person to be 18 or older and that they had reasonable grounds for the belief. The maximum penalty is six months’ imprisonment or an unlimited fine. Sections 2 and 3 create offences of under-18s buying a crossbow or part of a crossbow and possessing a crossbow or part of a crossbow.

101. Section 1A of the CA 1987, which applies to Scotland only, provides some limitations to the defence in section 1. It is a defence to show that:

• (i) the accused believed the person to whom the crossbow or part was sold or let on hire to be aged 18 or over and either
• (ii) the accused had taken reasonable steps to establish the purchaser or hirer’s age, or
• (iii) no reasonable person could have suspected from the purchaser or hirer’s appearance that the purchaser or hirer was under the age of 18.

102. For the purpose of (i) above, the accused is to be treated as having taken reasonable steps to establish the purchaser or hirer’s age if and only if the accused was shown a passport, a UK driving licence or a European Union photocard driving licence (or in the case of Scotland such other documents as the Scottish ministers may by order made by statutory instrument prescribe).

103. The amendments to the CA 1987 to introduce equivalent age verification methods as those in 141B of the CJA 1988 (as described in paragraph 18 above) for the sale or letting of a crossbow or part of a crossbow and with similar amendments to ‘Condition A’ as those proposed in the age verification policy for bladed articles (as described in paragraph 18 above).

104. As with bladed articles, before dispatch of the crossbow or part of a crossbow, the seller must receive from the buyer a copy of an identity document (namely a UK passport, a foreign passport, or a GB or Northern Ireland driving licence) issued to the buyer and a photograph of the buyer and confirm that they are aged 18 or over.

105. Clause 32 inserts new section 1C into the CA 1987 to create a new offence on the part of the seller if they deliver or arrange for delivery to residential premises in respect of the sale or letting of a crossbow or part of a crossbow similar to that set out in section 38 of the OWA 2019, with equivalent defences to those in section 39A of the OWA 2019 in new section 1D of the CA 1987.

106. Clause 32 also inserts new section 1E into the CA 1987 which provides for a new offence on the part of the courier or person delivering on their behalf (where the seller is in the UK) equivalent to the new offence described for the delivery of bladed article in new section 40A of the OWA 2019 and new section 1I equivalent to new offence described for the delivery of a bladed product on behalf of a non-UK seller in new section 42A of the OWA 2019. Finally, clause 32 also inserts new sections 1F, 1G and 1H into the CA 1987 which create offences relating to delivery of crossbows to collection points in England or Wales, similar to those for bladed articles, following a remote sale or letting on hire.

107. The courier, person delivering on behalf of the courier or operator of a collection point must only provide the crossbow or part of a crossbow into the hands of the actual buyer and (in the case of a delivery to residential premises) only at the address the buyer provided at the outset. If the courier, person delivering on behalf of the courier or operator of a collection point fails to do this, they will commit a summary offence attracting a penalty of an unlimited fine.

108. It will, however, be a defence for a courier, person delivering on behalf of the courier or operator of a collection point to show that they checked an official identity document (defined as a UK or foreign passport or GB or Northern Ireland driving licence) and that the ID has the name of the person indicated by the seller, and it shows that the holder is over 18, and that as far as they can tell, the picture in the ID is of the person at the doorstep or collection point and is the buyer or hirer. It will also be a defence for a courier, collection point operator, or person acting on behalf of an operator to show that they did not know, and a reasonable person would not have known, that the product was a crossbow.

109. New section 1B(5)(d) of the CA 1987 confers power on the Secretary of State, by regulations, to add to the list of identity documents for these purposes.

110. New sections 1D(6), 1E(7), 1F(7),  1G(7) and 1H(12) of the CA1987 enable the Secretary of State, by regulations, to provide for other defences for a person charged with an offence under sections 1C, 1E, 1F, 1G and 1H respectively.

Justification for the delegated power

111. Section 141B of the CJA 1988, section 39A of the OWA 2019 and section 1B of the CA 1987, as amended/inserted by the Bill, will set out the forms of acceptable proofs of identity for the purpose of the schemes relating to the sale and delivery of knives and crossbows provided for in those Acts. It is considered appropriate to include powers in the Bill to add to the list of identity documents for the purposes of these schemes. Such powers are necessary given that both physical and digital identity mechanisms are subject to innovation and technological change. In particular, the Data (Use and Access) Bill currently before the House seeks to set digital identity services on a statutory basis and it is likely that the Government will want to amend the sales of knives legislation to add digital forms of ID to the list of acceptable forms of proof of identity.

112. The clauses amending the OWA 2019 and CA 1987 provide for various defences for the offences in sections 38, 40A, 40B, 40C and 40D of the OWA 2019 and section 1C, 1E, 1F, 1G and 1H of the CA 1987. It is considered appropriate to include powers to add to the list of defences, given that sale and delivery processes are subject to technological change. This may include the development of identity and age verification mechanisms that are not based on documents. Additionally, the Government may consider that it is appropriate to add additional defences to protect employees of sellers and couriers. There is an analogous power in section 40(13) of the OWA 2019 to add to defences provided for in section 40 in respect of the offences in sections 38 and 39 of that Act relating to the delivery of bladed products to residential premises and persons under 18, as such the new powers ensure parity and consistency with the existing legislation.

113. The purpose of guidance issued under section 66 of the OWA 2019 is to aid the implementation of the provisions in Parts 1 to 3 of the Act and existing legislation, as amended by that Act, governing the sale and possession of knives and offensive weapons by supplementing the legal framework provided for in Parts 1 to 3 of the Act and the legislation amended by those Parts. The guidance is available at: Statutory guidance: Offensive Weapons Act 2019 (accessible) - GOV.UK. The existing guidance-issuing power already covers the provisions in sections 38 to 42 of the OWA 2019 relating to the sale and delivery of knives etc and the amendments to the scope of the power, including to cover the offences in section 42A of the OWA 2019 and sections 1 to 3 of the CA 1987, does not materially change the nature of the guidance.

Justification for the procedure

114. By virtue of new section 141B(11) of the CJA 1988, new section 68(2A) of the OWA 2019 and new section 6A(3) of the CA 1987, regulations made under section 141B(4A)(d) of the CJA 1988, section 39A(5)(d) of the OWA 2019 and  new section 1B(5)(d) of the CA 1987 are subject to the negative resolution procedure. The negative procedure is considered appropriate given that any additions to the list of authorised identity documents will not alter the core requirements on online retailers to effectively establish the age and identity of their customers while, at the same time, affording greater choice and flexibility to such customers in terms of evidencing their age.

115. By virtue of new section 68(2A) of the OWA 2019 and new section 6A(2) of the CA 1987, regulations made under new sections 39A(7), 40A(9), 40B(9), 40C(9) and 40D(14) of the OWA 2019 and  new sections 1D(6), 1E(7), 1F(7),  1G(7) and 1H(12) of the CA 1987 are subject to the draft affirmative resolution procedure. The affirmative procedure is considered appropriate given that any regulations will narrow the scope of the relevant offences as approved by Parliament and it is therefore fitting that both Houses should first debate and approve any new defences. The application of the affirmative procedure is consistent with the approach taken in respect of the equivalent power in the OWA 2019.

116. Guidance issued under section 66 of the OWA 2019 is not subject to any parliamentary procedure on the basis that it deals with practical advice to those affected by the legislation and has been the subject of consultation with interested parties before it is issued (as required by section 66(6)). The guidance does not, and indeed cannot, conflict with the statutory framework governing the sale and delivery of knives, offensive weapons and crossbows and there is no statutory duty for persons to have regard to or abide by the guidance. The extended power to issue guidance under section 66 does not materially change the nature of the power or the guidance and, as such, the Government continues to consider that it is appropriate that such guidance is not subject to any parliamentary procedure.

Bulk sale of knives etc - clause 36:

• (a) new section 141D(1) of the Criminal Justice Act 1988 – power to make provision about the reporting of remote sales of knives etc;
• (b) new section 141D(15) of the Criminal Justice Act 1988 – power to amend definition of a reportable sale of bladed articles
• (c) amendment to section 66(1) of the Offensive Weapons Act 2019 – Power to issue guidance relating to offensive weapons etc

Power conferred on: Secretary of State

Power exercisable by:

(a) and (b) Regulations made by statutory instrument

(c) Statutory guidance

Parliamentary procedure:

(a) Negative resolution procedure

(b) Draft affirmative procedure

(c) None

Contect and purpose

117. Clause 36 inserts new section 141D into the CJA 1988 which creates a duty on sellers to report “bulk” online sales, following the Clayman review. The Clayman review recommended that retailers are required to report bulk or suspicious sales of knives.^{[footnote 3]} The purpose of the reporting is to enable informed law enforcement intervention to inhibit circumvention of controls on knife sales by individuals or “grey market” resellers of knives. These resellers typically do not apply requirements relating to age verification in the CJA 1988, or in the requirements in respect of the marketing of knives in the Knives Act 1997.

118. The reporting requirements for bulk sales will apply to sales of section 141A ‘articles’^{[footnote 4]} purchased or supplied when the seller and buyer are not present, but:

• excluding cutlery that does not have a sharp point; and
• with separate provision for sets of knives, such as those found in “knife blocks”, or hobby knife sets, according to which they are treated as a single purchase if conditions are met.

119. The reporting requirements will only apply if the buyer is an individual (as opposed to, for example, a company).

120. Failure to comply with the reporting requirements will be an offence, subject to a maximum penalty of an unlimited fine.

121. New section 141D(2) defines a reportable sale of bladed articles as any of the following:

• (a) 6 or more bladed articles, none of which form a qualifying set;
• (b) 2 or more qualifying sets;
• (c) 1 or more qualifying sets and 5 or more bladed articles that do not form a qualifying set.

122. New section 141D(3) defines a “qualifying set” as “three or more bladed articles packaged together for sale as a single item, where each bladed article is a different size or shape from the others”.

123. The requirement to report applies where the number of bladed articles, qualifying sets or combination of the two as specified in new section 141D(2) are purchased either (a) in a single remote sale, or (b) in two or more remote sales in any period of 30 days— (i) to one person, or (ii) where the bladed articles are to be delivered to the same residential premises (see new section 141D(4)). The term “remote sale” is defined in new section 141A(5).

124. New section 141D(1) of the CDA 1988 confers a power on the Secretary of State to prescribe the details of the reports and the reporting process, that is to whom reports must be made. By virtue of new section 141D(13), such regulations may in particular include requirements about:

• (a) how reports are to be made (that is the method of submission and to whom (expected to be a central police unit)),

• (b) when reports are to be made, and

• (c) the information reports must include (expected to be the details of the purchase and the name, address, and age of the purchaser) .

125. New section 141D(15) of the CJA 1988 confers a power on the Secretary of State to amend:

• (a) the number of bladed articles specified in new section 141D(3)(a);
• (b) the number of qualifying sets specified in new section 141D(3)(b);
• (c)the number of qualifying sets specified in new section 141D(3)(c);
• (d) the number of bladed articles specified in new section 141D(3)(c); and
• (e) the period specified in new section 141D(4)(b).

126. Clause 36(2) amends section 66(1) of the OWA 2019 to extend the power conferred on the Secretary of State to issue guidance relating to offensive weapons to include guidance on the effect of new sections 141D of that CJA 1988 (Duty to report remote sales of knives etc in bulk: England and Wales).

Justification for the delegated power

127. New section 141D establishes the duty to report bulk purchases of bladed articles. The administrative arrangements in respect of the submission of reports, including the detail to be included in such reports, the method of submission, to whom they are to be sent and the deadline for submission, may appropriately be left to secondary legislation. The relevant details may change over time, for example if the central hub for receipt of such reports were to change or if additional categories of information were considered to be necessary, and leaving such details to regulations would enable necessary changes to be made promptly (as necessitated by the public safety purpose of the reporting scheme). There is an analogous power in respect of the reporting of suspicious sales of regulated or reportable substances under section 3C(7) of the Poisons Act 1972.

128. Similarly, new section 141D sets out what constitutes a bulk purchase for the purposes of the reporting duty.  As the reporting requirement beds in, evidence may emerge that supports specifying a different qualifying number of bladed articles and/or qualifying sets or a different period for the purposes of new section 141D(4). For example, the police may find that they receive too many reports that do not form useful intelligence and request that the limits are increased. In these circumstances, it is considered appropriate that the specified qualifying amounts or the 30-day period can be changed promptly via secondary legislation to reduce the burdens on business and the police.

129. The purpose of guidance issued under section 66 of the OWA 2019 is to aid the implementation of the provisions in Parts 1 to 3 of the Act and existing legislation, as amended by that Act, governing the sale and possession of knives and offensive weapons by supplementing the legal framework provided for in Parts 1 to 3 of the Act and the legislation amended by those Parts. The guidance is available at: Statutory guidance: Offensive Weapons Act 2019 (accessible) - GOV.UK. The existing guidance-issuing power already covers the provisions in sections 38 to 42 of the OWA 2019 relating to the sale and delivery of knives etc and the amendment to the scope of the power to cover the duty to report bulk sales does not materially change the nature of the guidance.

Justification for the procedure

130. By virtue of new section 141D(14) of the CJA 1988 any regulations made under new section 141D(1) are subject to the negative resolution procedure. The negative resolution procedure is considered appropriate for the power in new section 141D(1) given that regulations made under that subsection will essentially deal with the administrative arrangements for the submission of report. The negative procedure mirrors the position with the analogous power in the Poisons Act 1972.

131. By virtue of new section 141D(16) of the CJA 1988 any regulations made under new section 141D(15) are subject to the draft affirmative resolution procedure. In relation to the power in new section 141D(15), the affirmative  procedure is considered appropriate given that one potential effect of any regulations would be to place more onerous burdens on businesses to report knife sales to the police. The affirmative procedure is also considered apt as this is a Henry VIII power.

132. Guidance issued under section 66 of the OWA 2019 is not subject to any parliamentary procedure on the basis that it deals with practical advice to those affected by the legislation and has been the subject of consultation with interested parties before it is issued (as required by section 66(6)). The guidance does not, and indeed cannot, conflict with the statutory framework governing sale and delivery of knives and offensive weapons, including the new duty to report bulk sales, and there is no statutory duty for persons to have regard to or abide by the guidance. The extended power to issue guidance under section 66 does not materially change the nature of the power or the guidance and, as such, the Government continues to consider that it is appropriate that such guidance is not subject to any parliamentary procedure.

Clause 58(1), (2) and (3): Power to amend list of cuckooing specified offences in Schedule 6

Power conferred on: Secretary of State; Scottish Ministers; Department of Justice in Northern Ireland

Power exercised by: Regulations made by statutory instrument

Parliamentary procedure: Draft affirmative resolution procedure

Context and purpose

133. Clause 56, together with clause 57 and Schedule 6, provides for an offence of controlling another’s home for criminal purposes, commonly known as “cuckooing”.  “Cuckooing” refers to the practice whereby criminals take over the property of another person, who is often vulnerable, to perpetrate illegal activity. The activity is commonly related to the storage, preparation, and sale of illegal drugs but cases of cuckooing linked to sexual, weapon and fraud offences have also been seen.

134. Subsection (1) of clause 56 provides that a person (A) commits an offence if (a) they exercise control over the dwelling of another person (B), (b) they do so for the purpose of enabling the dwelling to be used in connection with the commission of one or more relevant offences (by any person), and (c) B does not consent to A exercising that control for that purpose. The offence applies UK-wide. Subsection (2) defines a relevant offence as an offence listed in Part 1, 2 or 3 of Schedule 6 which respectively apply where the dwelling where the cuckooing occurred was located in England and Wales, Scotland or Northern Ireland. The lists of specified offences include sexual offences, firearms offences and drug-related offences, among others. The maximum penalty for the offence, on conviction on indictment, is five years’ imprisonment, a fine, or both (subsection (4)).

135. Clause 58(1), (2) and (3) confers a power on the Secretary of State, the Scottish Ministers and the Department of Justice in Northern Ireland, by regulations, to amend Part 1, 2 and 3 of Schedule 5 respectively.  The powers vested in the Scottish Ministers and Department of Justice are limited to adding or removing offences (or otherwise amending existing entries) insofar as the offences relate to devolved matters; where the offences relate to reserved or excepted matters the power to amend Parts 2 and 3 of Schedule 6 rests with the Secretary of State.

Justification for taking the power

136. The Bill itself provides for the cuckooing offence and contains, in Schedule 6, a list of specified criminal offences which the control over the dwelling is to be for the purpose of enabling the dwelling to be used in connection with the commission (by any person) of one or more such offences. This list of specified offences reflects the Government’s current understanding of the context in which cuckooing occurs. However, the contexts in which cuckooing occurs is still evolving and criminals may adapt their models. In order to respond quickly to tackle any cuckooing activity which emerges in future, the Government considers it appropriate to take a power for the Secretary of State, the Scottish Ministers and the Department of Justice in Northern Ireland to amend the list of specified offences, where appropriate. This is considered justified due to the need to respond to the emerging threat of cuckooing-related activity quickly, and on the basis that any newly created criminal offences which may be added to the Schedule will already have been scrutinised by Parliament when being made into law. While it is the case that it could be expected that any new Bill creating a new cuckooing-related offence could itself amend Schedule 6, the link to cuckooing activity may only emerge at a later date. The regulation-making power will also enable existing criminal offences to be added to the Schedule to reflect the expansion of cuckooing activity into new areas of criminality.

Justification for the procedure

137. By virtue of clause 198(3)(a), 199(1)(a) and 199(5)(a) regulations made under clause 58(1), (2) and (3) are subject to the draft affirmative procedure. This is considered appropriate as any such regulations would have the effect of expanding the application of the cuckooing offence in clause 56(1). It is also befitting the Henry VIII nature of this power.

Clause 59(9): Power to amend section 59 section for purpose of changing items which are specified items

Context and Purpose

138. Clause 59 creates two new criminal offences to tackle coerced internal concealment (one against a child and one against an adult). Coerced internal concealment (also known as “plugging”) refers to the practice whereby criminals conceal or cause the concealment of certain items (usually controlled drugs) inside another person’s body, through compulsion, coercion, deception or through controlling or manipulative behaviour, for criminal purposes. It is most often associated with illegal activity, in particular for the purposes of carrying out county lines^{[footnote 5]} related criminal activity. The maximum penalty for both offences on conviction on indictment is 10 years’ imprisonment, a fine, or both.

139. Subsection (8) of the clause includes an exhaustive list of “specified items” for the purposes of both offences. This list includes controlled drugs, psychoactive substances, mobile telephones, SIM cards, electronic devices, cash, payment cards, jewellery and offensive weapons. Subsection (11) contains definitions, including of terms used in subsection (8). Subsection (9) confers on the Secretary of State, a power, by regulations, to amend section 59 for the purpose of changing items which are specified items.

Justification for the delegated power

140. The Bill itself provides for the two new offences of coerced internal concealment and sets out the constituent elements of those offences, including that the offence is only made out where a specified item is concealed inside a person’s body. The list of specified items is set out in subsection (8). This is an exhaustive list of items, which includes items that are commonly the subject of internal concealment including controlled drugs, SIM cards, mobile telephones, money and offensive weapons. This ensures that the new offences are sufficiently targeted, as they remain focused on the specific criminal contexts in which coerced internal concealment most often occurs (such as drugs and weapons supply) and the specific harms, such as physical damage or psychological harm, that are most likely to occur as a result of concealment of those items. The nature of county lines and other criminal enterprises is, however, subject to change as criminals frequently adapt, and we may see in future that other items commonly become concealed. It is therefore considered appropriate that the Secretary of State should have the power to amend the section for the purpose of changing the items which are specified through secondary legislation, to enable the Government to respond quickly to any coerced internal concealment activity which emerges in future. This is considered justified due to the potential harmfulness of coerced internal concealment and the need to respond to tackle it quickly, together with the fact that in order for the offence to be made out, the defendant must intend, know or reasonably suspect that the specific item has been or may be used in connection with criminal conduct. Moreover, the constituent elements of the offence, including that the offence is only made out where a specified item is concealed, is clearly set out in primary legislation (as is the power to amend that list), which Parliament will have already approved during the passage of the Bill.

Justification for the procedure

141. By virtue of clause 198(3)(a), regulations made under clause 59(9) are subject to the draft affirmative procedure. The draft affirmative procedure is considered appropriate as the effect of any regulations would be to alter, and potentially, expand the scope of the offence (albeit in a limited sense – to amend the list of specified items which may be concealed). This level of parliamentary scrutiny is also apt given that it is a Henry VIII power.

Clause 60: Power to issue guidance about the exercise of functions in relation to child criminal exploitation, cuckooing and causing internal concealment of an item for criminal purposes

Clause 61: Power to issue guidance about the exercise of functions in relation to child criminal exploitation and cuckooing

Power conferred on: Secretary of State /Department of Justice in Northern Ireland

Power exercisable by: Statutory guidance

Parliamentary procedure: None

Context and purpose

142. Clause 40 of the Bill provides for a new offence of child criminal exploitation (“CCE”) and clauses 42 to 55 and Schedule 5 provide for a new civil order to protect victims of child criminal exploitation and prevent offending and re-offending - the CCE Prevention Order. These provisions currently apply to England and Wales only, but the government has tabled amendments for Report stage which apply the offence (but not CCE Prevention Orders) UK-wide.

143. Clause 56 provides for a new offence of controlling another person’s home for criminal purposes (known colloquially as “cuckooing”). This offence applies UK-wide.

144. Clause 59 creates two new criminal offences of coerced internal concealment (“CIC”). CIC (also known as “plugging”) refers to the practice whereby criminals conceal or causes the concealment of certain items (usually controlled drugs) inside another person’s body, usually through control, coercion, deception or manipulation, to avoid detection. It is most often associated with illegal activity, in particular for the purposes of carrying out county lines related criminal activity. The offences apply to England and Wales.

145. Clause 60 enables the Secretary of State to issue statutory guidance to “relevant officers” about the exercise of their functions in respect of:

• (a) the prevention, detection and investigation of CCE offences under clause 40;

• (b) CCE prevention orders under clause 43;

• (c) CCE prevention orders made on conviction under new Chapter 2A of Part 11 of the Sentencing Code;

• (d) the prevention, detection and investigation of cuckooing offences under clause 56;

• (e) the prevention, detection and investigation of coerced internal concealment offences under clause 59.

146. “Relevant officers” are defined in subsection (3) and (4) as chief officers in England and Wales, the Chief Constable of the British Transport Police (in respect of their functions under Part 4 in England and Wales), the chief constable of the Ministry of Defence Police (in respect of the functions under Part 4 throughout the UK) and the Director General of the NCA (in respect of their functions under Part 4 in England and Wales, and Northern Ireland).

147. Before issuing any guidance, the Secretary of State is under a duty to consult such persons as the Secretary of State considers appropriate (for example, the National Police Chiefs’ Council and the NCA); the duty to consult is disapplied in cases where revisions to the guidance are insubstantial (subsections (6) and (7)). Relevant officers will be under a duty to have regard to the guidance when exercising such functions (subsection (2)).

148. The guidance, and any revisions to it, must be published (subsection (8)).

149. A similar such power is contained in section 5C of the Female Genital Mutilation Act 2003 (as inserted by the Serious Crime Act 2015) and section 77 of the Serious Crime Act 2015 (which provides for guidance about the investigation of the offence of controlling or coercive behaviour in an intimate or family relationship).

150. Clause 61 confers a similar power on the Department of Justice in Northern Ireland to issue statutory guidance to the Chief Constable of the Police Service of Northern Ireland about the exercise of their functions in respect of the prevention, detection and investigation of the CCE offence under clause 40 and the cuckooing offence under clause 56. Again, the Chief Constable of the Police Service of Northern Ireland is required to have regard to such guidance.

Justification for taking the power

151. The Bill itself provides for the CCE, cuckooing and coerced internal concealment offences and provision in respect of CCE Prevention Orders. The purpose of any guidance under clauses 60 and 61 is to support the police and NCA in giving effect to the provisions in Part 4 of the Bill. There is a vast range of statutory guidance, such as this, issued each year and it is important that guidance can be updated quickly to keep pace with operational good practice.

152. Such statutory guidance would, amongst other things, cover:

• The intent behind using the CCE offence alongside underlying offences (for example, drugs offences) the child is being exploited to carry out and similar offences (for example, modern slavery offences).
• How those responsible for applying for CCE Prevention Orders and managing (i.e. monitoring and enforcing) CCE Prevention Orders do so effectively and appropriately. Such guidance may, for example, set out circumstances when it is appropriate to apply for a CCE Prevention Orders rather than other available prevention orders (such as a Serious Crime Prevention Order). Additionally, the guidance will clarify how and to which court applications are to be made, who is best placed to make that application, and give illustrative examples of the types of prohibitions and requirements that may be contained in orders.
• Support implementation of the CIC and cuckooing offences, including how enforcement partners should pursue and investigate cases of CIC and cuckooing, their response when children are identified in connection with CIC or cuckooing, and support for how policing should respond and safeguard victims of exploitation when they are identified as part of an investigation.

Justification for the procedure

153. Any guidance issued under clauses 60 and 61 will not be subject to any parliamentary procedure on the grounds that it would provide practical advice to the police and NCA, including on the investigation of the CCE, cuckooing and coerced internal concealment offences and applications for CCE Prevention Orders. The guidance will not conflict with the provisions in Part 4 of the Bill. Moreover, whilst a relevant officer exercising functions under Part 4 will be required to have regard to the guidance when exercising those functions, the guidance will not be binding. The approach taken in these new clauses is consistent with other legislative provisions providing for statutory guidance, including section 5C of the Female Genital Mutilation Act 2003 and section 77 of the Serious Crime Act 2015.

1. i.e., any knife, knife blade, razor blade, axe and any other article which has a blade or is sharply pointed made or adapted for use causing injury to the person. ↩

2. As defined in ss141B(9). ↩

3. The Clayman Review is available at the following link: Independent end-to-end review of online knife sales - GOV.UK ↩

4. i.e., any knife, knife blade, razor blade, axe and any other article which has a blade or is sharply pointed made or adapted for use causing injury to the person. This definition will also include knives, the possession of which are prohibited (subject to statutory defences) under the Criminal Justice Act 1988 (Offensive Weapons) Order 1988 and the Restriction of Offensive Weapons Act 1959. ↩

5. “County lines” is defined in Criminal exploitation of children and vulnerable adults: county lines (accessible version) - GOV.UK as “a term used to describe gangs and organised criminal networks involved in exporting illegal drugs into one or more importing areas within the UK, using dedicated mobile phone lines or other form of “deal line”. They are likely to exploit children and vulnerable adults to move and store the drugs and money and they will often use coercion, intimidation, violence (including sexual violence) and weapons” ↩