Policy paper

Criminal Justice Bill: Police powers

Updated 23 February 2024

What are we going to do?

Improve public safety and public confidence by giving the police the powers they need to crack down on criminals.

Measures in the Criminal Justice Bill will:

• create new powers for the police to enter premises to search for and seize stolen goods – cutting red tape and empowering officers to tackle prolific offenders

• expand police powers to drug test suspects on arrest for a wider range of drugs. The bill will extend Drug Testing on Arrest (DToA) to specified Class B (for example, cannabis) and specified Class C (for example, benzodiazepine) drugs

• enable the police and others to access Driver and Vehicle Licensing Agency (“DVLA”) driver licence records for a wider range of policing or law enforcement purposes

How are we going to do it?

Drug Testing on Arrest

The bill expands the police’s DToA powers so that they can test individuals in police detention (who meet the necessary conditions) for a wider range of controlled drugs, to be specified in secondary legislation. Currently police can drug test in police detention for specified Class A drugs only.

Under current powers under the Police and Criminal Evidence Act 1984 (PACE), the police can drug test those arrested, if aged 18 and over, or charged, if aged 14 and over, for the presence of specified Class A drugs if arrested or charged for a trigger offence or where an inspector or higher has reasonable grounds to suspect specified Class A drug use has caused or contributed to the offence and authorises the test. Trigger offences are listed in Schedule 6 to the Criminal Justice and Court Services Act 2000 and include largely acquisitive crimes and some drug offences, including theft, handling stolen goods, and possession of a controlled drug if committed in respect of a specified Class A drug. This bill will expand the existing regime to include specified Class B and specified Class C drugs.

Powers of entry to recover stolen goods

The bill will amend the Theft Act 1968 to introduce a new power for the police to enter premises to search for and seize particular items believed to be stolen without having to seek a warrant from a court. The police currently have no general power to enter and search premises solely for the purpose of searching for and seizing stolen goods without a warrant. They must apply to the courts for a warrant under, for example, section 8 of PACE or section 26 of the Theft Act 1968.

The new power will be subject to a number of safeguards including a requirement for an officer of at least Inspector rank to be satisfied that there are reasonable grounds to believe that particular items are stolen goods and are on specified premises before the power can be authorised and used. We will also amend Code B of PACE, the statutory guidance covering the police’s powers of entry, search and seizure, to reflect the new power.

Access to the DVLA driver licence records

The bill will clarify the list of policing and other agencies which can have access to the DVLA’s driver licence records for policing and law enforcement purposes. Access to driver licence records will be subject to a code of practice to ensure that the information is appropriately used.

Background

Drug Testing on Arrest

Drug testing in police detention, known as Drug Testing on Arrest, was introduced as a police power in the Criminal Justice and Court Services Act 2000. In the 2021 Drug Strategy, “From Harm to Hope: A ten-year drugs plan to cut crime and save lives”, the Government outlined its aim to achieve a generational shift in demand for drugs, and expanding police use of DToA is an important tool to help achieve this.

In July 2022, the Government published a consultation: “Swift, Tough, Certain: New consequences for drug possession”. This included consulting on expanding DToA powers, including expanding the drugs within scope. The Anti-Social Behaviour Action Plan, published in March 2023 outlines the Government’s approach to addressing anti-social behaviour, and announced the expansion of DToA to a wider range of drugs and an expansion of the offences that can trigger a drug test.

Police powers were expanded in August 2023 (via the Criminal Justice (Specified Class A Drugs) Order 2023) to enable them to test for all Class A drugs. Expanding DToA beyond Class A to specified Class B and C drugs will help identify a wider cohort of drug users whose drug use may contribute to their offending and divert more individuals to treatment and support services. The expansion of DToA seeks to protect the health of the individual, by diverting those who use drugs to treatment or support services, and aims to ultimately reduce re-offending and drug-related offending more broadly.

Powers of entry to recover stolen goods

Advances in technology have made it easier to track stolen items. Electronic devices, such as mobile phones, often have Global Positioning System (GPS) tracking applications and GPS trackers can now be fitted to high value items such as vehicles and machinery, or placed in handbags. This means victims of theft can inform the police of where their stolen item last was before GPS was disabled. However, the longer the item remains stolen, the more likely the GPS is to have been disabled and the item moved. This reduces the chance of successfully retrieving the item as evidence to support a charge and potential prosecution.

The police currently have no general power to enter and search premises solely for the purpose of searching for and seizing stolen property without a warrant. The time taken to seek a warrant can be considerable. Whilst there is variation across the country, it can sometimes take days or even weeks for a non-urgent search warrant to be granted. The police have highlighted the burdensome nature of the warrant system as a factor negatively impacting their response to acquisitive crime. The Law Commission’s 2020 review of search warrants found that the warrants process was inefficient, and delays caused by this increased opportunities for evidence to be lost, reducing the likelihood of successful prosecution, and for further offending to take place.

The new power is intended to support the police in their commitment, of 28 August 2023, to follow up all reasonable lines of enquiry by giving them an additional tool to do so, and facilitate the swift investigation of acquisitive crime.

The power will apply to any stolen item. Alongside situations where victims can track stolen electronic devices or vehicles using GPS or other location data, the power could potentially be used to retrieve items listed for sale online where the location is known, items visibly on sale in second hand goods stores where they can be identified as belonging to a particular individual and items on private premises which can be seen from publicly accessible locations.

Access to the DVLA driver licence records

Section 71 of the Criminal Justice and Court Services Act 2000 gives police officers and certain other law enforcement officers in the United Kingdom access to driver information held by the DVLA. For data provided through the Police National Computer (“PNC”) or Law Enforcement Data Service this access is restricted by regulations primarily to purposes related to the enforcement of road traffic offences under the Road Traffic Act 1988, for example if a person has been stopped on suspicion of careless driving or for having an unroadworthy vehicle.

The police and the National Crime Agency have provided compelling and significant examples of where DVLA driver information could have better safeguarded the public should it have been available more promptly. The legislation will allow access to driver records for policing and law enforcement purposes and provide a regulation-making power for further provision to be made about the purposes and circumstances in which information may be made available. This will be done following engagement between the Information Commissioner’s Office, DVLA and Department for Transport to ensure the new powers have the appropriate operational oversight. This will ensure officers and other authorised persons with operational need can access information quickly at the point of need.

Key statistics

Drug Testing on Arrest

DToA data reported to the Home Office shows that during the period March 2022 to June 2023, there were a total of 58,649 completed tests reported to the Home Office. For the 58,649 tests which were reported with sufficient test outcomes data, the positive test rate is 53% (30,958). The 12 police forces returning data on treatment referrals reported 9,539 positive tests and 6,866 referrals to treatment following a positive test during the period June 2022 to June 2023. This equates to nearly three quarters (72%) of positive tests resulting in a referral to treatment.

Cannabis (Class B) continues to be the most common drug in England and Wales; in the year ending June 2022, 7.4% of adults aged 16 to 59 years and 16.2% of adults aged 16 to 24 years reported having used the drug in the last year. In year ending June 2022, 0.9% of adults aged 16 to 59 years and 3.1% of adults aged 16 to 24 years have reported using ketamine (Class B) in the last year. In recent years there has been a large increase in the number of drug misuse deaths in Scotland involving benzodiazepines (Class C). In 2008, benzodiazepines were implicated in 26% of drug misuse deaths compared with 2022 where 57% involved benzodiazepines (such as diazepam and etizolam).

Powers of entry to recover stolen goods

According to the Crime Survey for England and Wales there were 396,863 vehicle-related offences, 115,778 thefts from the person and 268,955 burglaries in the year to June 2023.

Charge rates have remained fairly stable: 1.8% of vehicle offences resulted in a charge or summons in the year to June 2023, compared to the year to June 2022. In the same period the charge/summons rate for theft from the person remained at 0.8%, and for residential burglary the rate was 4% in the year to June 2023 compared to 3.5% in the year to June 2022.

Access to the DVLA driver licence records

UK territorial policing are major users of DVLA data – in 2022/23 over 6 million checks were made in relation to road traffic matters.

Non-territorial policing uses was smaller, but still significant given the size of the force, for example over 2,250 ties by the Mersey Tunnels Police and over 3,000 times by the British Transport Police. These will all have been in connection with individuals suspected of driving without a licence or outside the terms of their licence.

Frequently asked questions

Drug Testing on Arrest

Q: Why are you expanding DToA to Class Bs and Cs?

Expanding the drugs within scope of DToA will support the police to identify more individuals who use drugs and where their drug use may contribute to their criminality.

Class B and Class C drugs are harmful to the individual and their misuse can make communities less safe. DToA is an important tool to support the police to protect the health of the individual, by diverting to treatment or support services and address their drug use, and aims to ultimately reduce re-offending and drug-related offending more broadly.

Q: Will expanding Drug Testing on Arrest criminalise drug users?

DToA is not about further criminalising drug users. Instead, it provides an opportunity to intervene to treat and reduce their drug use, and potentially reduce future offending, by intervening to help them to change their behaviour. It is not an offence to be under the influence of drugs, outside of scenarios such as drug-driving.

Following a positive drug test, the individual may be required to attend an initial drug assessment, and follow-up assessment if needed. Failure to attend these assessments, and failure to give a sample without good cause, are offences and can result in further charge. Following a drugs test, irrespective of the result, the individual would continue to be dealt with by the criminal justice system in relation to the offence for which they were initially arrested or charged.

Drugs can devastate lives, ruin families and damage communities. This Government’s approach to them remains clear - we must prevent drug misuse in our communities and support people through treatment and recovery.

Powers of entry to recover stolen goods

Q: Why are you creating the new power?

We have heard concerns from victims of theft that police cannot always take action to retrieve their stolen property, even when they are able to track its location.

This new power will give the police an additional tool to swiftly investigate reports of acquisitive crime and follow up all reasonable lines of enquiry, in line with the commitment made by police chiefs on 28 August 2023.

Acting quickly will also help to prevent stolen goods being moved out of the country or used to facilitate other crime, and deter criminals.

Q: What are the scenarios in which the power can be used?

The legislation does not restrict the scenarios in which the power can be used. However, we know that vehicles, machinery and electronic devices such as phones are often fitted with trackers giving their location if stolen, or that victims of theft often see their stolen belongings for sale online or in second hand shops.

Q: Entering and searching someone’s home is a serious invasion of privacy. How will you ensure these powers are used proportionately?

The new power strikes the balance between allowing the police to act quickly and decisively against thieves whilst safeguarding the right to respect for a private and family life.

The bill sets out a clear threshold for the exercise of the powers (an officer of at least Inspector rank must be satisfied that there are reasonable grounds to believe that there is particular stolen property on the premises) before the power can be authorised.

Access to the DVLA driver licence records

Q: Why are you changing existing legislation?

DVLA driver licence records will be available for wider policing and law enforcement purposes. This means the police will have another tool to cut crime and keep the public safe, in line with the commitment by chief officers to pursue all reasonable lines of inquiry when investigating an offence. Access will be subject to a code of practice to ensure use is appropriate.