Correspondence

Letter from Lord Hanson and Baroness Levitt to Lord Davies detailing government amendments for Lords Report stage: 13 February 2026

Updated 25 March 2026

Lord Hanson of Flint
Minister of State
2 Marsham Street
London
SW1P 4DF

The Lord Davies of Gower
House of Lords
London
SW1A 0PW

13 February 2026

Dear Byron,

Crime and Policing Bill: Government amendments for Lords Report stage

We are writing to let you have details of a first tranche of government amendments which we have today tabled for Lords Report stage. In the main, these respond to the debates at Committee stage. We will table further amendments after the February recess.

Aggravated offences (new clause “Aggravated offences” and amendments to clauses 122, 123, 124 and 217)

In our manifesto we committed to “protect LGBT+ and disabled people by making all existing strands of hate crime an aggravated offence” and in response to an amendment tabled at Commons Report stage by Rachel Taylor the then Minister for Policing and Crime committed to bring forward an amendment in the Lords to deliver on the manifesto commitment. This new clause does just that. Indeed, it goes further and extends the ambit of the racially and religiously aggravated offences in sections 29 to 32 of the Crime and Disorder Act 1998 not just to cover hostility related to disability, sexual orientation or transgender identity but also hostility motivated by a person’s sex. This change will ensure that tackling misogyny is part of the government’s approach to tackling hate crime. It also ensures it can be embedded within the government’s mission to halve violence against women and girls in the next decade.

To avoid an overlap with section 4B of the Public Orders Act 1986 (Intentional harassment, alarm or distress on account of sex), as inserted by the Protection from Sex-based Harassment in Public Act 2023 (to be commenced on 1 April), the new clause does not aggravate - on the basis of hostility motivated by a person’s sex - the offence at section 4A of the 1986 Act (Intentional harassment, alarm or distress).

As a consequence of the new clause, we have also tabled amendments to clauses 122 to 124 to provide that the new offences relating to emergency workers also cover behaviour motivated by hostility based on a person’s sex, sexual orientation, transgender identity or disability.

Unauthorised encampments (new clause “Return to unauthorised encampments: prohibited period” and amendments to clauses 217 and 218)

The Police, Crime, Sentencing and Courts (PCSC) Act 2022 strengthened police powers to deal with unauthorised encampments by amending the Criminal Justice and Public Order Act 1994. The PCSC Act 2022 introduced a new criminal offence of residing or intending to reside on land with a vehicle, where the person has caused or is likely to cause significant damage destruction or distress. The offence is committed when they are asked to leave by the occupier or their representative, or a constable and they do not do so, or they return within the 12-month prohibited period. The PCSC Act 2022 also increased prohibited periods in other offences from three to 12 months. In May 2024, the High Court upheld a challenge to the 12-month no-return periods, finding that a three-month maximum stay in an authorised transit sites placed a disproportionate burden on traveller communities because of the limited availability of sites. This in effect created a situation where individuals faced criminal penalties despite having no lawful alternative. A declaration of incompatibility with the Convention was issued by the court. In response to an amendment tabled at Committee stage by Baroness Whitaker, this new clause makes the required remedial changes to the legislation by changing the period within which a person directed to leave an unauthorised encampment must not return from 12 months to three.

Non-crime hate incidents (new clause “Code of practice relating to non-criminal hate incidents”)

Sections 60 and 61 of the PCSC Act 2022 confers a power on the Secretary of State to issue a code of practice to the police on the processing of personal information about non-crime hate incidents (NCHI). In response to the initial findings of a review of NCHIs by the College of Policing and National Police Chiefs’ Council (and an amendment tabled in Committee by Lord Young of Acton and Lord Hogan-Howe), this new clause repeal sections 60 and 61 of the PCSC Act; once commenced the code of practice made under those sections will automatically be revoked. We will set out what further steps we intend to take in respect of NCHIs, including as regard to the retention of existing police records relating to NCHIs, once we have considered the College of Policing’s and NPCC’s final report which is expected to be published in the coming weeks.

Rape and other offences against a child under 16 (new clause “Sexual offences against children under 16”, new Schedule “Sexual offences against children under 16: consequential amendments” and amendments to clauses 75 and 217 and Schedules 9 and 10)

The government has accepted all the recommendations made in Baroness Casey’s National Audit on Group-based Child Sexual Exploitation and Abuse. In order to give effect to recommendation 1, in this bill we have tabled amendments to create new offences that cover rape and other penetrative sexual activity with a child under 16 by an adult, where that adult did not reasonably believe that the child was aged 16 or over (as long as they are at least 13). Whether the child consented or there was a reasonable belief in consent will not be an element of these offences – it will, rightly, be irrelevant. The new offences will have a maximum penalty of life imprisonment. These new offences will sit alongside existing offences, such as sexual activity with a child (section 9 of the Sexual Offences Act 2003).

We have worked closely with Baroness Casey in developing this approach and are grateful for her support of the work we are doing to give effect to her recommendation.

Firearms licensing: sound moderators (new clause “Application of Firearms Acts to sound moderators” and new Schedule “Sound Moderators: Exemptions” and amendment to clause 200)

In June 2025, the government announced that we would remove sound moderators from firearms licensing controls as these items are a firearms accessory that present no danger in themselves to the public. Any potential public safety risk would instead be managed through a requirement to have a valid firearms certificate in order to lawfully possess a sound moderator; and possession of a sound moderator in the absence of a firearms certificate would be a criminal offence unless an exemption applies. These amendments also respond to one tabled by Lord Brady of Altrincham in Committee.

The attached annex details further amendments.

We also attach supplementary delegated powers and ECHR memorandums.

We are copying this letter to Lord Cameron of Lochiel, Lord Sandhurst, Baroness Doocey, Lord Marks of Henley-on-Thames, Lord Clement-Jones, Baroness Brinton, Baroness Ramsey of Wall Heath (Chair, Delegated Powers and Regulatory Reform Committee), Lord Alton of Liverpool (Chair, Joint Committee on Human Rights), Lord Strathclyde (Chair, Constitution Committee), Baroness Whitaker, Lord Young of Acton, Lord Hogan-Howe, Lord Brady of Altrincham, Lord Hampton, Baroness Finlay of Llandaff, Baroness Brown of Silvertown, Baroness Armstrong of Hill Top, Baroness Grey-Thompson, Rachel Taylor, Chris Philp, Matt Vickers, Max Wilkinson and Luke Taylor. We are also placing a copy of the letter and enclosures in the library of the House.

Yours ever,

Lord Hanson of Flint

Baroness Levitt KC

Annex

Respect orders (amendment to clause 1)

Clause 1 delivers on a manifesto commitment to introduce Respect orders to tackle persistent anti-social behaviour. The bill already confers a power on the Secretary of State to issue guidance to persons (such as chief officers of police) entitled to apply for Respect orders about the exercise of their functions. In response to an amendment tabled by Lord Clement-Jones at Committee stage, this amendment requires the Secretary of State to consult such persons as the Secretary of State considers appropriate before issuing or revising such guidance (save where revisions are insubstantial). To enable the swift implementation of these provisions, the amendments provide that pre-commencement consultation satisfies the requirement to consult under clause 1.

Pre-commencement consultation (amendments to clauses 7 and 154)

Clause 7 enables the Secretary of State to make regulations requiring specified relevant authorities to provide information relating to anti-social behaviour and clause 154 requires the Secretary of State to make regulations about making available to the police and other law enforcement agencies driver licencing information. In both cases there is a requirement to consult before making regulations. To enable the swift implementation of these provisions, these amendments provide that pre-commencement consultation satisfies the requirement to consult under these clauses.

Age verification of the remote sale and delivery of knives and crossbows (New clauses “Remote sale or letting of knives etc: Scotland”, “Remote sale of knives etc: Northern Ireland”, “Remote sale and letting of crossbows: Northern Ireland”, “Delivery of crossbows: Northern Ireland” and “Sale and delivery of crossbows: Northern Ireland: supplementary provision” and amendments to clauses 31 to 35, 214, 217 and 218)

At Lords Committee stage, we tabled amendments to the provisions in the bill providing for enhanced age verification checks relating to the remote sale and delivery of knives and crossbows. As well as applying these provisions to Scotland and Northern Ireland, these amendments also conferred a regulation-making power on the Secretary of State to prescribe other steps which may be taken to verify age and identity (as an alternative to the production of a physical passport or driving licence) such as the (voluntary) use of digital identities. Following concerns expressed by the Official Opposition that the use of a prescribed digital ID would be compulsory, which is not the case, we withdraw the amendments in Committee while making it clear that we would bring them back at Report. In re-tabling these amendments, we are also addressing the role of fulfilment companies in the delivery of knives or crossbows purchased online. The amendments will cover a scenario whereby the seller has entered into an arrangement with a contractor to deliver or arrange to deliver the bladed product or crossbow and that contractor enters into an arrangement with another contractor to deliver on their behalf.

Child criminal exploitation (CCE) (amendments to clauses 41 and 42)

In response to the debate at Lords Committee stage, including amendments tabled by Lord Hampton and Baroness Finlay of Llandaff, we have tabled amendments to the child criminal exploitation offence at clause 41 to address concerns about the requirement for the prosecution to prove the perpetrator ‘did not reasonably believe’ the child was aged 18 or over (if the child was aged 13 or over). These amendments would remove the reasonable belief in age element from the offence to make it effectively strict liability regarding a child’s age. Child criminal exploitation is a form of child abuse, and these changes will further support the police to ensure perpetrators feel the full force of the law.

Duty to report child sexual abuse (new clause “Guidance” and amendments to Schedule 10)

Chapter 2 of Part 5 of the bill gives effect to one of the recommendations of the Independent Inquiry into Child Sexual Abuse by placing a duty on persons engaged in regulated activity (such as teachers and health care workers) to report suspected child sexual offences. Following the debate in Committee, this new clause places a duty on the Secretary of State to issue guidance to those working in regulated activity on the discharge of the duty and place a requirement on such individuals to have regard to the guidance.

The duty to report child sexual abuse applies to persons engaged in regulated activity (as defined in the Safeguarding Vulnerable Groups Act 2006, such as teachers and health care workers) or who are engaged in an activity specified in Part 2 of Schedule 10. Part 2 of Schedule 10 is intended to replicate ‘positions of trust’ (as specified in the Sexual Offences Act 2003) which are not adequately captured by the definition of regulated activity, as well as the role of police officers. Many of the activities set out in Part 2 of Schedule 10 are based on legislative references which include a qualifier of the activity being ‘unsupervised’. Provision elsewhere in the bill (clause 119) is removing this qualifier for the purposes of defining ‘regulated activity with children’, and amendments bring Schedule 10 into line.

Removal of limitation period for civil claims regarding child sexual abuse (amendment to clause 87)

Clause 87 gives effect to a recommendation of the Independent Inquiry into Child Sexual Abuse (IICSA). It removes the current three-year limitation period for personal injury claims brought by victims and survivors of child sexual abuse in respect of their abuse. Clause 87 inserts a new section 11ZB into the Limitation Act 1980, which makes provision for the dismissal of actions. Specifically, under section 11ZB(2), for the action to be dismissed, the defendant must satisfy the court that a fair hearing cannot take place; and under section 11ZB(3), the action may also be dismissed if the defendant demonstrates that allowing the action to proceed would cause them “substantial prejudice”. We have listened carefully to the testimony of victims and survivors, and reflected on the amendments debated in Committee, which raised concerns about the “substantial prejudice” concept. This amendment removes that provision (new section 11ZB(3)). We are satisfied the retention of section 11ZB(2) implements the relevant IICSA recommendation and those accused of child sexual abuse maintain their right to a fair hearing.

Stalking (amendments to clauses 108 to 111)

In furtherance of a manifesto commitment, measures in Part 6 of the bill strengthen the operation of stalking protection orders (SPOs). Existing statutory guidance for police states that ‘it is likely that the courts will apply the civil standard of proof (balance of probabilities)’ to applications for interim or full SPOs. Despite this, there is evidence to suggest the criminal burden of proof is being applied in some cases. In response to a Committee stage amendment tabled by Baroness Royall, these amendments amend the Stalking Protection Act 2019 expressly to provide that the civil burden of proof should be applied by the courts when considering an application for a SPO. This mirrors the approach taken elsewhere in the bill in relation to other civil protection orders. With the agreement of the Department of Justice, we are making the same change to the equivalent Northern Ireland legislation.

Clause 111 of the bill confers a power on the Secretary of State to issue to relevant public authorities guidance about stalking and requires such authorities to have regard to the guidance. In response to a Committee stage amendment tabled by Baroness Brinton, the amendment to clause 111 replaces the power to issue guidance with a duty to do so.

Protests outside homes of public office holders (new clauses “Protests outside public office-holder’s home” and “Harassment of a person in their home”)

At Committee stage, we tabled an amendment to strengthen existing police powers to move on protesters demonstrating outside people’s homes and to provide for a new offence relating to protests outside the homes of public office holders. Following concerns about the scope of the new offence, we withdrew the amendment in Committee while making it clear that we would bring it back at Report. In re-tabling these amendments, we have narrowed the scope of the new offence to ensure that it is targeted to protest activity and does not inadvertently capture other interactions outside the home of a public office holder.

Barred and advisory lists for specialist police forces (amendments to clause 179 and Schedule 21)

Clauses 173 to 181 of, and Schedule 21 to, the bill require the British Transport Police Authority (BTPA), Civil Nuclear Police Authority (CNPA), Ministry of Defence Police (MDP) and National Crime Agency to maintain barred and advisory lists to prevent those dismissed following disciplinary proceedings from re-joining policing. An amendment is required to Schedule 21 to the definition of disciplinary proceedings for MDP constables and former MDP constables to ensure that it aligns with the equivalent definition used in relation to other police forces. A further amendment is required to Schedule 21 relating to the conditions for including civilian employees of the CNPA and the BTPA in the advisory lists to be maintained by those authorities. The amendment would align the provisions in Schedule 21 with those in the Police Act 1996 which provide for an advisory list for Home Office police forces. As a result, former civilian employees of CNPA and BTPA would only be added to the advisory list where an allegation of misconduct comes to light before the individual resigns/retires, and not where an allegation comes to light after the individual resigns/retires. The amendment to clause 179 applies the definition of “law enforcement employer” in clause 174 to all of clauses 173 to 178.

Delegated powers (amendments to clauses 9, 24, 86, 129, 132, 154 and 196)

We are grateful to the Constitution Committee and Delegated Powers and Regulatory Reform Committees for their scrutiny of the bill and the government has responded to their respective reports (see: committees.parliament.uk/publications/50190/documents/270798/default/ and Forty First Report).

As a result, we have tabled amendments to:

a) Provide for guidance on fly-tipping enforcement, as provided for in clause 9, to be subject to the draft negative procedure.

b) Provide for the guidance relating to penalties for online advertising of unlawful weapons, as provided for in clause 24, to be subject to the draft negative procedure.

c) Narrow the power in clause 86 to amend Chapter 2 of Part 5 (duty to report child sexual abuse).

d) Narrow the powers in clauses 129 and 132 to amend the meaning of “SIM farm” and to specify articles whose supply and possession constitutes an offence (under clauses 130 and 131) respectively.

e) Make driver information regulations as provided for in clause 154 subject to the affirmative procedure.

f) Require any insubstantial revisions to the guidance relating to youth diversion orders (clause 196) to be laid before parliament accompanied by a statement explaining why, in the Secretary of State’s view, the revisions are insubstantial.

Technical amendments (amendments to Schedule 18 and clause 217)

These are minor and technical amendments adding a further consequential amendment to the confiscation provisions in Schedule 18 arising from the Sentencing Act 2026 and providing for clause 162(3) and (4) (proceedings for civil recover: costs and expenses) and clauses 168 to 171 (anonymity for authorised firearms officers) to have UK-wide extent.