Policy paper

Home Office measures in the Police, Crime, Sentencing and Courts Bill: Equalities Impact Assessment

Updated 2 August 2023

Name and outline of policy proposal, guidance or operational activity

The Police, Crime, Sentencing and Courts Bill (‘the Bill’) was introduced in the House of Commons on 9 March 2021, and subsequently in the House of Lords on 6 July 2021. The Home Office, Ministry of Justice and Department for Transport all have measures within the Bill. This Equality Impact Assessment considered only Home Office and Department for Transport measures. The Ministry of Justice measures are considered in separate assessments.

The Home Office and Department for Transport measures are as follows.

The Police Covenant Report

The Bill creates a duty for the Home Secretary to report annually to Parliament on the impact of key issues on the police workforce.

The initial focus for the Police Covenant Report will be health and wellbeing, physical protection and support for families.

The Report will address the impact of these issues on all those working within, or retired from policing roles, whether paid or as a volunteer.

Special Constable membership of the Police Federation

The Bill enables special constables to become members of the Police Federation of England and Wales should they wish to do so, giving them the representation and protection afforded to police officers.

New legal test to assess the standard of police drivers

Current laws do not recognise the training that police response drivers undertake and the tactics they may have to employ to respond to emergencies and pursue criminals.

The Bill amends the definitions of dangerous and careless driving in road traffic legislation so that the skills and training of police officers can be considered should there be any subsequent investigations into their actions.

Serious violence duty

The serious violence duty will require local authorities, the police, fire and rescue authorities, specified criminal justice agencies and health authorities to work together to formulate an evidence based analysis of the problems associated with serious violence in a local area, and then produce and implement a strategy detailing how they will respond to those particular issues. Prisons, youth custody agencies and educational authorities may also need to work with these core partners.

Homicide reviews

This measure in the Bill will require the police, local authorities, clinical commissioning groups in England and local health boards in Wales to review the circumstances of certain homicides where the victim was aged 18 or over, and the events surrounding their death involved, or were likely to have involved the use of an offensive weapon.

Offensive Weapons Homicide Reviews will be piloted before being rolled out across England and Wales.

Reforming pre-charge bail to better protect vulnerable victims and witnesses

The Bill is introducing reforms to the pre-charge bail system; the presumption against bail will be removed and replaced with a neutral position where bail should be used when necessary and proportionate.

The timescales and authorisation levels for pre-charge bail will be amended to reflect operational realities.

A new duty to inform victims of pre-charge bail conditions and seek their views on conditions which relate to their safeguarding is also included.

Extraction of information from electronic devices for the purposes of a criminal investigation

The Bill introduces a clear statutory basis for police and other authorities to extract information from electronic devices with the device user’s agreement.

The Bill introduces two powers, one can be used for the purposes of prevention, detection, investigation and prosecution of criminal offences, for the purposes of safeguarding and preventing serious harm and another in the investigation of death where information may be required to support a coroner or the Lord Advocate.

Extending the offence of arranging or facilitating the commission of a child sex offence

The Bill brings the substantive sexual offences against children under 13 explicitly into the remit of the preparatory offence of arranging or facilitating the commission of a child sexual offence.

Amendments to the Crime (Overseas Production Orders) Act 2019

The Bill makes some practical changes to the 2019 Act to ensure it works effectively. The 2019 Act creates a more streamlined, quicker and more efficient process, for law enforcement officers and prosecutors to obtain electronic data from service providers, located outside the UK, than the existing Mutual Legal Assistance channel for this type of data. A relevant international cooperation agreement between the UK and the country in which the service provider, from whom data is sought, is located needs to be in place.

The proposed measures include allowing law enforcement officers and prosecutors to obtain the necessary associated or connected communications data (for example information on who an email was sent to and from, when it was sent) together with the stored content data sought (such as pictures and text content of emails), through a UK court approved overseas production order, for the purposes of evidence to support domestic investigations and prosecutions. In allowing the order a judge needs to have reasonable grounds for believing an indictable offence has been committed and proceedings in respect of the offence have been instituted or the offence is being investigated or that the electronic data sought is for the purposes of a terrorist investigation.

Powers to require attendance at a police station for the purposes of taking fingerprints, DNA samples and photographs

The Bill will allow the police to stipulate a specific date and time to require people to attend the relevant police station for taking of fingerprints, DNA samples and photographs.

Powers to obtain information about the location of human remains

The Bill creates powers for the police to enter and search specified premises and seize evidence which may indicate the location of human remains, subject to application to a judge for a warrant, outside of a criminal investigation.

Introducing new powers for the police to tackle non-violent protests

Measures in the Bill will improve the balance of the rights of protesters with the rights of others to go about their business unhindered.

They will allow the police to take a more proactive approach in managing highly disruptive protests causing serious disruption to the public.

Strengthening the powers available to the police to allow them to tackle unauthorised encampments

The Bill introduces a new criminal offence where a person resides or intends to reside on land in or with a vehicle without permission, has caused, or is likely to cause, significant damage, disruption or distress and fails to leave the land and remove their property when asked to do so by an occupier, an occupier’s representative or a police constable.

The Bill also amends the Criminal Justice and Public Order Act 1994 to increase the period of time in which trespassers directed away from land must not return from 3 to 12 months, to enable police to direct trespassers away from land that forms part of a highway and to broaden the harms that can be caught by the power to direct.

Courses offered as an alternative to prosecution

The Bill places on a statutory footing the current charging regime for driver retraining courses. It will not change the way in which courses are offered, administered or run, although they will enable greater transparency over the way that fees are set. In particular, it includes provisions:

• to enable a motorist to be charged a fee in relation to their attendance at a diversionary course, when the course is offered as an alternative to a fixed penalty notice
• for fees to be set at a level that exceeds cost recovery for the courses, and which enable an element of the fee to be charged in relation to the costs of promoting road safety
• to provide a power to set out in secondary legislation how the fees are to be calculated and the maximum amount of the overall fee or the different components of the fee

Charges for removal, storage and disposal of vehicles

The Bill clarifies the primary legislation (the Road Traffic Regulation Act 1984) relating to police powers to charge for the removal of abandoned vehicles or those causing an obstruction.

Surrender of driving licences

The Bill amends legislation so that a driver will no longer need to produce and surrender their driving licence to the police or fixed penalty office before accepting a fixed penalty notice or a conditional offer for a motoring offence.

Fixed penalty notices for certain road traffic offences in Scotland

The Bill amends legislation to enable police officers in Scotland to issue on-the-spot fixed penalty notices to suspected offenders of road traffic offences committed in Scotland, ensuring consistency in the approach across Great Britain.

Introducing Serious Violence Reduction Orders

The Bill introduces a new order, the Serious Violence Reduction Order (SVRO). A court will be able to make an SVRO when someone is convicted of an offence involving a knife or offensive weapon, that is, any offence in which a knife or an offensive weapon has been involved.

Police officers will have the power to stop and search a person subject to an order to look for knives or offensive weapons. SVROs will be piloted before a decision is made about rolling the orders out across England and Wales.

Introducing a number of measures around the management of sex offenders

The Bill includes measures to further strengthen and streamline the framework for managing sex offenders, including:

• enabling positive obligations and electronic monitoring requirements to be imposed by Sexual Harm Prevention Orders (SHPOs) and Sexual Risk Orders (SROs)
• specifying that the court should apply the lower civil standard of proof (‘balance of probabilities’) when determining whether the individual the application is made in respect of has done the act in question for SROs and SHPOs (where relevant)
• providing for the mutual enforcement of SHPOs and SROs in the different nations of the United Kingdom
• giving the police in England and Wales the power to impose notification requirements on sex offenders who commit relevant offences abroad, removing the requirement to apply for a notification order through the courts
• enabling the British Transport Police (BTP) and Ministry of Defence Police (MDP) to apply for a SHPO or SRO in England and Wales
• publishing a list of countries considered to be at high risk of child sexual abuse and exploitation by UK nationals and residents, and requiring applicants and the courts to have regard to the list in respect of applications for SHPOs and SROs

Introducing a number of measures around the management of terrorist offenders

The Bill includes measures to strengthen the management of terrorist offenders and other offenders who may pose a terrorist risk.

These provisions will give the police three new powers:

• the premises search power will enable the police to apply to a court for a warrant to search the premises of an offender released on licence to assess their terrorism risk
• the personal search power will require a terrorist offender to submit to a personal search carried out by the police when this is specified in their licence conditions
• the urgent power of arrest will enable the police to arrest a terrorist offender who is likely to be recalled to custody due to a breach of their licence conditions
• these measures will reduce the risk of terrorism from offenders on licence by extending the toolkit available to manage the threat they pose

Summary of the evidence considered in demonstrating due regard to the public sector equality duty

The evidence considered in considering the duty include crime statistics, national statistics, offender profile statistics and available research.

The FINDS Unit who operate the National DNA Database publish statistics on the numbers of DNA profiles held by sex, age and ethnicity.

The following measures were subject to public consultation, in having due regard to the public sector equality duty, we have considered fully the responses to the consultations:

• the Police Covenant Report
• Police Driving Standards
• the serious violence duty
• pre-charge bail
• strengthening police powers to tackle unauthorised encampments
• FPNs in Scotland
• SVROs

We have particularly considered the following:

Serious violence duty

According to the most recent Ministry of Justice publication (year to March 2020) ^{[footnote 1]}70 percent of offenders convicted/cautioned for knife and offensive weapon possession offences were white, 18 percent were black and 7 percent were Asian. Black people were disproportionally convicted or cautioned, with the rate being 186 per 100,000 for black individuals, 34 for Asian individuals, and 28 for white individuals^{[footnote 2]}. Using the same publication, 93 per cent of those convicted and cautioned for knife and offensive weapon possession offences were male. This means that any intervention that aims to reduce serious violence by targeting those who are more likely to offend will have a greater impact on this group.

The aim of the measure is as much about preventing people with these protected characteristics from becoming victims as it is about them becoming offenders. Black and male individuals are more likely to be victims of serious violence, for example the latest published homicide statistics show black individuals suffer homicide victimisation at a rate of 49.5 per million population, white individuals a rate of 9.4 per million and there is also often a disproportionate impact of certain knife crime offences on young people. Therefore, greater benefits could fall to those with the same characteristics.

The aim of the policy is the reduction of violence amongst those most likely to be victims and offenders. If the benefits of the policy in preventing violence were to outweigh the costs, as currently estimated, this policy would have positive, not adverse, effects and be objectively justified.

Homicide reviews

With homicide rising by about a third between 2014/15 and 2019/20, homicide has become the fourth leading cause of death for men aged 20-34 behind suicide, drug overdoses and car accidents. In particular, homicides involving offensive weapons make up a large proportion of all homicides – 354 of 695 in 2019/20^{[footnote 3]}.

There are a number of circumstances in which homicide reviews are currently conducted to understand the events that lead to the homicide. However, of the 695 offences recorded as homicides in 2019/20, only an estimated 199 meet the criteria for existing homicide reviews (where a person aged under 18 dies, a vulnerable adult dies, a person dies due to domestic violence, or someone in receipt of mental health care commits homicide), leaving 526 that did not meet the criteria. Of these unreviewed 526 homicides, approximately less than half of them involved an offensive weapon (251).

Pre-charge bail

Reforms were made to the pre-charge bail (PCB) system in April 2017 which introduced limitations on the maximum time in which a person could be released on pre-charge bail without judicial oversight and rebalance the use of bail. Before the reforms to PCB were introduced, data on PCB was not collected systematically or consistently. This makes it difficult to provide a national picture of how PCB was used before the 2017 reforms. Since the reforms, limited data on PCB has become a part of the annual data requirement (ADR). However, police forces and HMICFRS have raised concerns with the quality of the data.

The Government conducted a public consultation to seek views from a wide range of stakeholders on the proposed reforms to the PCB system and undertook an evidence review of evidence relating to pre-charge bail^{[footnote 4]}. The review found PCB has three potential main impacts. First on investigative management, allowing police investigative processes to operate efficiently to obtain evidence, with clear checkpoints at regular intervals on case progression. Secondly, and closely linked to the first, it provides a route to maintain contact with suspects under the duty to re-attend at a police station. Thirdly, it provides a vehicle to impose conditions on suspects for the protection of witnesses, victims as well as suspects, and to discourage suspects from re-offending, both generally, and specifically in relation to the original complainant.

The consultation received strong support for PCB reform from victims, law enforcement agencies, the public and the voluntary sector. The legal sector was more mixed in its support being in favour of the changes to the presumption of release without bail and application of risk factors but against the proposals for longer bail timescales for suspects when they have not been charged or convicted. More widely, the concerns raised in the consultation focused around the current use of released under investigation, where a suspect is investigated by police outside of the bail framework, and the detrimental impact this can have on suspects and victims. Similarly, a number of concerns were raised about the length of existing applicable bail periods (ABPs) and the administrative burden of multiple bail extensions. These were taken into account when formulating the reforms including within the Bill, balancing the desire for longer applicable bail periods against concerns raised regarding civil liberties.

Because PCB legislation will potentially impact on both suspects (who have been arrested but not charged pending an investigation) and their victims/witnesses, we have looked at the ADR statistics and reviewed policing statistics on arrest as arrest is a precondition for pre-charge bail^{[footnote 5]} as well as demographic data on victims, where possible.

Extraction of information from electronic devices

Some groups of people with certain protected characteristics will be more impacted by the power because they currently are more likely to be victims, witnesses, or suspects of crime.

Youth Justice statistics for 2019/20 show that an estimated 7 per cent of 10-15-year olds were victims of crime in the year ending March 2020, down from 11 per cent in the year ending March 2019^{[footnote 6]}. Of the estimated 600,000 crimes experienced by them, 50 per cent were categorised as violent offences and so may have resulted in requests to extract information from digital devices, however this is only speculative and is unknown at present^{[footnote 7]}.

In the year ending March 2019, the Crime Survey for England and Wales found that almost 1 in 4 (23.1 per cent) disabled adults aged 16 years and over experienced crime (including fraud and computer misuse), compared with 1 in 5 (20.7 per cent) non-disabled adults.

Certain offences, such as domestic violence, rape or serious sexual assault, will have a higher chance of requests being made on victims and witnesses to provide agreement to the extraction of information from a digital device in order to support a criminal investigation. Victims in these circumstances are more likely to be women as demonstrated by the Crime Survey for England and Wales 2020 which reported that women are nearly four times more likely than men to have experienced sexual assault in the last year.

The Bill also includes a measure allowing for the extraction of information from a device if the user is missing. In 2018/19, children (those aged 18 or under) made up 43.5 per cent of all missing individuals.

Arranging or facilitating the commission of a child sex offence

There is little available data specifically regarding the characteristics of victims and perpetrators of preparatory offences against children aged under 13 years. Instead, more general data on the characteristics of victims and perpetrators of child sexual abuse (CSA) has been considered.

CSA offenders are more likely to be male. The Crime Survey for England and Wales (2019) found that 92 per cent of adults who reported experiencing CSA before the age of 16 said perpetrator(s) were male and further 4 per cent said the perpetrators were both male and female. Ministry of Justice Criminal Justice System (CJS) statistics shows that 98 per cent of those convicted for contact CSA offences and 98.9 per cent of those convicted for indecent images of children (IIOC) offences in the year to December 2019 were male^{[footnote 8]}.

Ministry of Justice CJS statistics indicate that the most common age range for offenders convicted of contact CSA offences, and offenders convicted of IIOC offences, in the year to December 2019 was 30-39. 80.4 per cent of offenders convicted for contact CSA were aged 25 or over, while 88.7 per cent of offenders convicted for IIOC offences were aged 25 or over. The median age range for both contact and IIOC offenders was 40-49.

The Sentencing Council sexual offences statistical bulletin provides evidence on the demographics of offenders sentenced for arranging/facilitating the commission of a child sex offence specifically. This indicates that 97 per cent of the 99 adults sentenced for arranging/facilitating the commission of a child sex offence in 2019 were male, and 3 per cent were female. The most common age range for adults sentenced was 30-39.

In terms of victims, the victims protected as a result of this measure will be children aged under 13 years old. In England and Wales, victims of CSA are most commonly female. In the year ending March 2019, the Crime Survey for England and Wales (CSEW) estimated that women were around three times as likely as men to have experienced sexual abuse before the age of 16 years (11.5 per cent compared with 3.5 per cent). They estimate that across the population, this means 77 per cent of those who have experienced CSA are female. However, there are known barriers to reporting by males. The CSA Centre (2019) finds that boys and men are less likely to tell anyone they have been abused ^{[footnote 9]}.

Tackling non-violent protests

In considering the impact public order measures will have on those with protected characteristics, we have considered the following sources:

• Home Office Arrest data for notifiable offences
• Ministry of Justice Criminal Justice System (CJS) statistics
• HMICFRS’ 2021 inspection report into how effectively the police deal with protests
• Netpol’s report on the policing of ‘Black Lives Matter’ protests in Britain’s towns and cities in 2020

The quantitative data provided by the Home Office and the Ministry of Justice is collected at the offence group level only (i.e. “Public Order Offence”). This includes many public order offences which are unaffected by the measures in the Police, Crime, Sentencing and Courts Bill such as riot, violent disorder, and affray among others. Therefore, their application to the measures in the Bill is limited.

Unauthorised encampments

The Government conducted two consultations: the first in 2018 on whether more powers were needed to tackle unauthorised encampments; the second, in 2019, asked what they might be. The 2018 consultation responses signalled clear calls for the Government to take action to improve enforcement against unauthorised encampments. For example, only 9 percent of respondents stated that the current set of powers were effective and only 4 percent of respondents stated that new or revised police powers were not needed. Government sought views from a range of stakeholders, including representative groups and individuals from the Gypsy, Roma and Traveller (“GRT”) communities, police forces, local authorities and members of the public.

Home Office officials engaged with representatives from traveller organisations to gather evidence on the impact any legislative change could have on the traveller community. A roundtable meeting was hosted by the Home Office on 2 May 2019, which was attended by eight different Traveller organisations where a free and frank discussion took place. Additional information on the disparities experienced by the GRT communities was provided to the Home Office for consideration following this meeting from representatives present at this meeting.

Following concerns raised to us that some members of GRT communities would encounter obstacles accessing the 2019 consultation, we worked with the organisation Friends, Family and Travellers on developing a more accessible, separate consultation. This step helped to ensure the consultation was conducted fairly enabled greater participation from GRT communities, helping to ensure GRT views were represented. A total of 10,620 responses were received from this method of consultation.

Home Office officials also attended MHCLG GRT Liaison Group meetings, the latest taking place on 14 September 2020, where concerns were discussed with representatives from GRT groups.

We remain committed to delivering a cross-government strategy to improve the life chances for the GRT communities. Site provision was addressed in the ‘Powers for Dealing with Unauthorised Development and Encampments’ consultation in 2018 and the Government has set out its response to that consultation.

In the January 2020 Traveller Caravan Count there were 356 transit pitches provided by Local Authorities and Private Registered Providers in England and Wales. This was an increase of 41 per cent from the January 2010 Traveller Caravan Count.

Serious Violence Reduction Orders

Most people who are sentenced for knife or offensive weapon offences are white, making up 74 per cent of all those sentenced for these offences in the year ending September 2020 (where ethnicity was recorded). However, there are some disparities across ethnic groups, with black people convicted or cautioned at a higher rate of 136 per 100,000 than other groups including 26 for Asian individuals, and 23 for white individuals^{[footnote 9]}.

Using the same data, 93 per cent of those convicted and cautioned for knife and offensive weapon possession offences were male. It is estimated that there are approximately 51 males sentenced to knife and offensive weapon offences per 100,000 in comparison to 4 females sentenced to knife and offensive weapon offences per 100,000. Additionally, 80 per cent of those who are sentenced for knife or offensive weapon offences are adults^{[footnote 10]}. This means that any intervention that aims to reduce serious violence by targeting those who are more likely to offend will have a greater impact on adult men.

The aim of the measure is to enhance public safety and to prevent people from becoming victims. It also aims to prevent and detect further offending by individuals known to carry weapons. Data for hospital admissions for assault by sharp object in England published by the NHS shows that males are admitted to hospital at a higher rate (15.8 per 100,000) than females (1.5 per 100,000). Black/black British people are also admitted at a higher rate (22.3 per 100,000) than both Asian/Asian British people (7.2 per 100,000) and white people (4.9 per 100,000). Younger people are also admitted to hospital for knife/sharps injury at a higher rate: 14.7 per 100,000 for those aged 10-19, and 21.8 per 100,000 for those aged 20-29. This compares with 4.7 per 100,000 for the other ages combined.

Additionally, the majority of homicide victims in England and Wales are white. In the year ending March 2019, 71 per cent of all homicide victims were white, and 14 per cent were black, 6 per cent were Asian and 4 per cent in the other ethnic group. However black people had higher rates per population. The latest published homicide statistics (to March 2020) show black individuals suffer homicide victimisation at a rate of 49.5 per million population, white individuals a rate of 9.4 per million. Young black people are also 24 times more likely to be victims of homicide than young white people. The aim of the policy is the reduction of violence amongst those – including those most likely to be victims.

Stop and search

The use of stop and search is increasing after a period of decline:

• In the year ending March 2020, there were 558,973 stop and searches conducted under section 1 of the Police and Criminal Evidence Act 1984 and associated legislation (excluding GMP), including section 47 of the Firearms Act 1968, section 23 of the Misuse of Drugs Act 1971 and section 43 of the Terrorism Act 2000, an increase of 52 per cent on the previous year (366,912) (excluding GMP), and the first rise following a downward trend from a peak in 2010/11 (1,179,746 excluding GMP)^{[footnote 11]}.
• There were also 18,081 stops and searches (excluding GMP) under section 60 of the Criminal Justice and Public Order Act 1994,which is an increase of 35 per cent compared to the previous year^{[footnote 12]}.

Since April 2020, Police forces are now voluntarily recording the age or sex of people who are stopped and searched, as part of the Home Office ADR due to be published in October 2021. They are however required to ask the person they are searching which ethnic group they consider themselves to be in. This is a measure of ‘self-defined’ ethnicity rather than ‘officer observed’ ethnicity, which appears in some other police data collections.

In 2012/13, black, Asian and ethnic minority people, were twice as likely to be searched as white people. In the year ending March 2018, the differential was 4.1. In the year ending March 2019, black, Asian and ethnic minority people were 4.3 times as likely to be stopped and searched as white people^{[footnote 13]}. In the year ending March 2020, this dropped back to 2018 figures as black, Asian and ethnic minority people, were 4.1 times more likely to be stopped and searched as white people^{[footnote 14]}. However, as noted above in NHS data, there is an over-representation of black and minority ethnic individuals as victims of violence.

Sex offender management

Those subject to the notification requirements for registered sex offenders are managed under Multi-Agency Public Protection Arrangements (MAPPA), and the latest published statistics show that on 31 March 2020, 62,435 registered sex offenders were being managed under MAPPA.

One of the sex offender management (SOM) measures relates specifically to publishing a list of countries considered to be at high risk of child sexual abuse and exploitation from UK nationals and residents. This measure will impact on perpetrators who may be subject to foreign travel restrictions as a result of being subject to SOM. Most child sexual abuse (CSA) offenders are male. The Crime Survey for England and Wales (2019) found that 92 per cent of adults who reported experiencing CSA before the age of 16 said perpetrator(s) were male and further 4 per cent said the perpetrators were both male and female. Ministry of Justice Criminal Justice System (CJS) statistics shows that 98 per cent of those convicted for contact CSA offences and 98.9 per cent of those convicted for indecent images of children (IIOC) offences in the year to December 2019 were male.

Regarding offenders who travel abroad to commit CSA offences in particular, the National Crime Agency (NCA) assess that known transnational sex offenders (TCSOs) are mainly males aged 40 and above.

Known CSA offenders are predominantly white. Ministry of Justice CJS statistics show that 65.5 per cent of those convicted for contact CSA offences in the year to December 2019 were white but 28 per cent had no ethnicity stated. 1.9 per cent of convicted CSA offenders were black, 3.5 per cent Asian, 0.5 per cent mixed and 0.5 per cent Chinese or other. For IIOC offences, 68.1 per cent of those convicted were white, with 28.4 per cent having no ethnicity stated.

Ministry of Justice CJS statistics indicate that the most common age range for offenders convicted of contact CSA offences, and offenders convicted of IIOC offences, in the year to December 2019 was 30-39. 80.4 per cent of offenders convicted for contact CSA were aged 25 or over, while 88.7 per cent of offenders convicted for IIOC offences were aged 25 or over. The median age range for both contact and IIOC offenders was 40-49.

In terms of victims, this measure will also impact children abroad who will be better protected from UK offenders who would have otherwise travelled abroad to commit CSA offences. The characteristics of these children will depend on the countries included on the list. There is little available evidence on the characteristics of these prevented victims of CSA abroad. In the absence of data on the characteristics of victims in those specific countries, the below sets out characteristics of victims in England and Wales, for which there is greater available evidence.

In England and Wales, victims of CSA are most commonly female. In the year ending March 2019, the Crime Survey for England and Wales (CSEW) estimated that women were around three times as likely as men to have experienced sexual abuse before the age of 16 years (11.5 per cent compared with 3.5 per cent). They estimate that across the population, this means 77 per cent of those who have experienced CSA are female. However, there are known barriers to reporting by males. The CSA Centre (2019) finds that boys and men are less likely to tell anyone they have been abused.

Terrorist offender management

The Bill includes measures to strengthen the management of terrorist offenders and other offenders who may pose a terrorist risk.

Consideration has been given to the Home Office statistical bulletin on the operation of police powers under the Terrorism Act 2000 (TACT). This release brings together statistical data relating to TACT, including arrests and their outcomes, as well as breakdowns of stops and searches made under the powers of the Act. Statistics are published quarterly and at the time of writing the most recent publication was in March 2021, with the majority of the data presented covering the period up to 31 December 2020. It is this publication that is referred to below.

Race/ethnicity

In the year ending December 2020 there were 185 arrests for terrorism-related activity in Great Britain. Of those arrested, 48 per cent were white ethnic appearance, 8 per cent were black, 34 per cent were Asian, and 10 per cent were recorded as other.

Over the same period, 48 people were charged for terrorism-related activity. Of these, 46 per cent were white, 15 per cent were black, 33 per cent were Asian, and 6 per cent were recorded as other.

Over the same period, 20 people were convicted after a charge for a terrorism-related offence. Of these, 5 were white, fewer than 5 were black, 10 were Asian, and fewer than 5 were recorded as other.

As at 31 December 2020, there were 209 people in custody for terrorism connected offences. Of these, 65 people self-defined their ethnicity as white, 10 as mixed, 98 as Asian or Asian British, 18 as black or black British, 17 as other ethnic group, and in 1 case it was unrecorded.

Religion/belief and non belief

As at 31 December 2020, of the 209 people in custody for terrorism-connected offences 24 people self-declared their religion as Christian, 154 as Muslim, 18 as No Religion, and 9 as other Religious Group. There were fewer than 5 people in custody who declared their religion as Buddhist, Jewish or Sikh, and there were no persons in custody for terrorism-connected offences who self-declared as Hindu.

Disability

Statistics relating to the disability of individuals arrested, charged, or convicted of terrorism-related offences are not available.

Gender

In the year ending December 2020, of the 185 arrests for terrorism-related activity 89 per cent were male, and 10 per cent were female. In relation to two people the gender was recorded as not known.

Over the same period, 48 people were charged for terrorism-related activity. Of these, 92 per cent were male, and 8 per cent were female.

Over the same period, 20 people were convicted after a charge for a terrorism-related offence. Of these, 18 were male and 2 were female.

Sexual orientation

Statistics relating to the sexual orientation of individuals arrested, charged, or convicted of terrorism-related offences are not available.

Age

In the year ending December 2020, of the 185 arrests for terrorism-related activity 10 per cent were of individuals aged under 18, 11 per cent were 18-20, 11 per cent were 21-24, 18 per cent were 25-29, and 49 per cent were 30 or over.

Over the same period, 48 people were charged for terrorism-related activity. Of these, fewer than 5 were aged under 18, 5 (10 per cent) were 18-20, 8 (17 per cent) were 21-24, 11 (23 per cent) were 25-29, and 21 (44 per cent) were 30 or above.

Over the same period, 20 people were convicted after a charge for a terrorism-related offence. Of these, none were aged under 18, 2 (10 per cent) were 18-20, 4 (20 per cent) were 21-24, 7 (35 per cent) were 25-29, and 7 (35 per cent) were 30 or over.

Pregnancy and maternity

Statistics relating to pregnancy or maternity of individuals arrested, charged, or convicted of terrorism-related offences are not available.

3a. Consideration of limb 1 of the duty: eliminate unlawful discrimination, harassment, victimisation and any other conduct prohibited by the Equality Act

For the purposes of this duty, we have considered the following protected characteristics. Age, Disability, Gender Reassignment, Marriage and Civil Partnership, Pregnancy and Maternity, Race, Religion or Belief, Sex and Sexual Orientation.

We do not consider that any of the proposals would result in anyone being treated less favourably as a result of any protected characteristic. We have considered potential indirect impacts of measures within the Bill below.

The Police Covenant Report

This measure applies equally to all current and former members of the police workforce in England and Wales. The Government will work with key policing stakeholders to set more specific areas of focus to be reported on in the Home Secretary’s report, this will take any discrimination, harassment and victimisation suffered by the police into account as part of the report’s broader focus on health and wellbeing. We have found no evidence that the measure will directly or indirectly, disproportionately impact people or groups with protected characteristics – the positive impacts of the Covenant will apply equally to those with protective characteristics as those without.

Special Constable membership of the Police Federation

In allowing special constables to be represented by the Police Federation, we are equalising the opportunities for support, advice and pastoral care on a range of issues available to those members of the special constabulary who wish to join to put them on par with regular officers. This measure applies equally to all special constables of police forces in England and Wales. We have found no evidence that the measure will directly or indirectly, disproportionately impact people or groups with protected characteristics – the positive impacts of membership will apply equally to those with protective characteristics as those without.

Police driving standards

This measure applies equally to all road traffic incidents involving police drivers in England and Wales. We have found no evidence that the measure will disproportionately directly or indirectly, impact people or groups with protected characteristics.

Serious violence duty

There is no direct discrimination within the meaning of the Equality Act as the law will apply equally, regardless of any protected characteristic.

Age

There is often a greater impact of certain knife crime offences on young people. While we do not foresee any indirect discrimination taking place as a result of this policy, certain age groups are represented more in data of certain types of serious violence. For example, 92 per cent of those admitted to hospital for assault by sharp object are male, 64 per cent are white and 79 per cent are between 10 and 39. Younger people are also more likely to be admitted to hospital for knife/sharps injury. The annual rate is 14.7 per 100,000 for those aged 10-19, and 21.8 per 100,000 for those aged 20-29. This compares with 4.7 per 100,000 for the other ages combined^{[footnote 15]}.

Race

Any indirect difference on treatment on the grounds of race is anticipated to be potentially positive and objectively justified as a proportionate means of achieving our legitimate aim of reducing serious violence and preventing crime.

The statutory guidance for the serious violence duty will emphasise partnerships developing preventative interventions and encourages partnerships to work closely with local communities and individuals affected by serious violence to co-develop solutions and get their input into the response strategy. The guidance will also state that, when developing their local strategies, specified authorities must comply with the requirements of the Equality Act 2010. Specified authorities should also monitor the impact of their local strategies on those with protected characteristics.

Data indicates that black and male individuals are more likely to be victims of serious violence^{[footnote 16]}. While the majority of homicide victims/suspects in England and Wales are white, black people had higher rates per population. In the year ending March 2018, homicide rates were more than four times higher for black victims compared with white victims, and about eight times higher for black suspects.

Therefore, benefits could also accrue to those with these characteristics. The aim of the policy is the reduction of violence amongst those most likely to be involved. If the benefits of the policy were to outweigh the costs, as currently estimated, this policy would have an overall positive impact and be objectively justified.

Sex

According to the most recent Ministry of Justice publication (year to March 2020), 93 per cent of those convicted and cautioned for knife and offensive weapon possession offences were male and 87 per cent of weapons users in the Millennium Cohort Study Age 14 ‘sweep’ are male.

Although data suggest most serious violence victims/perpetrators are male; women are certainly affected by serious violence.

We are not aware of any information that the policy is likely to have an indirect unlawful discriminatory impact on individuals based on sex. Any (indirect) difference on treatment on the grounds of sex is anticipated to be positive and objectively justified, i.e. the protection of women and men from becoming victims of violent crime.

Homicide reviews

While we do not expect Offensive Weapons Homicide Reviews to directly impact any individual or community with protected characteristics, we believe that the reviews will provide valuable insight to help reduce violent crime and homicide across England and Wales, which currently disproportionately impact certain communities.

Age

As homicide reviews will only be required following the death of an individual aged 18 or over, we accept that this policy is designed to apply mostly to adults. This was an intentional decision, given that reviews of homicides involving children are already a statutory requirement under the Children Act 2004.

Race

Individuals from black, Asian and other ethnic minority backgrounds are likely to be overrepresented in the proportion of victims and perpetrators involved in homicide reviews. In the latest year for which ethnicity information is available (2019/20), there were 275 knife/sharp homicides, our closest proxy to weapons homicides. Of these^{[footnote 17]}, 149 (54 per cent) were of white victims, 75 were of black victims (27 per cent), 33 were of Asian victims (12 per cent) and 12 were victim of other ethnicity (4 per cent). This equates to rates of 3 per million population for white victims, 36 per million for black victims, 8 per million for Asian victims and 5 per million for victims of other ethnicity ^{[footnote 18]}.

Although this policy may appear to therefore indirectly apply to individuals based on race, the policy intention is that introducing mandatory reviews of the circumstances involving the homicide of individuals or perpetrators will be reviewed more closely, lessons will be learnt and opportunities to intervene will be identified. The expected consequence is that by reducing the number of homicides in total, it will also reduce the number of homicides involving victims and perpetrators black, Asian and other ethnic minority backgrounds. By helping address the overrepresentation of black, Asian and minority ethnic individuals in homicide we consider that these reviews will actually advance equality of opportunity based on race.

Sex

We do not assess this policy to directly or indirectly discriminate against individuals based on sex as there is no criteria for the application of this policy based on either the victim’s or the perpetrator’s sex.

Similar to our assessment based on race, statistics from the Home Office Homicide Index reveal that men are significantly overrepresented in the proportion of victims and perpetrators of homicide, and made up 81 per cent of victims of homicides involving a knife or sharp instrument in 2019/20^{[footnote 19]}. As above, we therefore consider that although men will be overrepresented in the number of homicide reviews, given homicide reviews will provide recommendations to help partners tackle homicide, we assess that homicide reviews will reduce the number of homicides and help reduce the number of male victims and perpetrators.

Reforming pre-charge bail

There is no direct discrimination within the meaning of the Equality Act as the law will apply equally, regardless any of protected characteristic.

Race

Some of the consequences of this measure may reflect existing disparities in arrests. A detailed two-force study (Hucklesby 2015) conducted prior to the 2017 reforms, found that the ethnicity of bailed suspects broadly reflected the profile of those arrested. Arrest data, show that those from black and minority ethnic groups are arrested at a higher rate than people who are white^{[footnote 20]}.

Hucklesby also found that white European arrestees who were bailed were more likely to be charged than those from other ethnic groups. In contrast, bailed suspects from black and minority ethnic backgrounds were more likely to have their cases end in no further action (NFA).

The opportunity of PCB policy to reduce any disparity is limited by the demographics of arrest which largely influence the demographics of people on PCB. The College of Policing will have the power to issue guidance for the police on the pre-charge bail system, and will also be providing a training package on how to apply the reformed PCB system. The Home Office will also be collecting improved data in its ADR in the future and will be able to monitor disparities in PCB use and take further action as necessary.

Pre-charge bail is an important tool within the criminal justice system, it is relied upon to enable the effective prevention and investigation of crime and protection of the rights of others (being those of an alleged victim/witness and the public at large, as well as the suspect). The benefits afforded to victims, including victims of domestic abuse cases, witnesses and the public from the PCB system in our view are proportionate to any negative outcomes. The changes should benefit some minority communities who, data suggests are more likely to be subject to or experience crime and specifically domestic abuse^{[footnote 21]}.

For the year ending March 2020, the CSEW showed that those in the mixed ethnic group were significantly more likely to experience domestic abuse within the last year than those in the black or Asian ethnic groups. For partner abuse, those in the white and mixed ethnic groups were significantly more likely to be victims than those in the Asian ethnic group. For family abuse, those in the white and mixed ethnic groups were significantly more likely to be victims than those in the black ethnic group^{[footnote 22]}.

Sex

Existing disparities in arrest rates of males (21 per 1000 people) compared to females (3 per 1000), means that males will be more affected by the policy than females. It is our view that any indirect discrimination on the grounds of sex can be objectively justified as a proportionate means of achieving our legitimate aim of protecting the rights of others and preventing and investigating crime.

Females are likely to benefit from greater use of PCB due to the nature of crime that impacts female victims. Home Office data shows more violence against the person offences recorded by the police had female victims (56 per cent) than male victims (44 per cent). Further, the nature of violence for females is different - in 70 per cent of offences with a female victim the perpetrator was an intimate partner or other family relative. Enhanced use of bail conditions will particularly benefit these women^{[footnote 23]}.

Age

There may also be indirect discrimination in relation to age due to PCB changes. The most recent Home Office statistics on arrests show that, in 2019/20, most arrestees (82 per cent) were aged 21 or over, with 9 per cent aged 18 to 20 years and 9 per cent aged 10 to 17 years. The number of arrests of children aged 10-17 has fallen steadily in recent years, from around 200,000 in the year ending March 2011 to 58,000 in 2019/20^{[footnote 24]}.

Research commissioned by HMICFRS/HMCPSI (2020) reported concerns from discussions with legal representatives regarding some of their clients’ experiences. Some suspects aged 16 or under who had been released under investigation were over 18 by the time the investigation was completed. This meant they were referred to the Crown Court, rather than the youth court, and were more likely to be sentenced as a young offender, rather than a child. Changes to PCB policy, could have specific consequences for some child arrestees^{[footnote 25]}.

National data on the number of child victims are limited. To give an indication of the proportion of offences involving child victims in which a suspect might be subject to pre-charge bail under the proposed changes we have looked at police recorded sex offence categories in which the victim’s age was specified were analysed. Currently around three in ten sex offences (c.26,000 per year) relate to child victims and have an outcome which might involve a suspect being put on PCB (or released under investigation). However, the true figure will be lower as not all offences involving child victims will be recorded immediately after the offence takes place^{[footnote 26]}.

It is our view that any indirect discrimination on the grounds of age can be objectively justified as a proportionate means of achieving our legitimate aim of protecting the rights of others and preventing and investigating crime.

Arranging or facilitating the commission of a child sex offence

Age

This measure is to better protect children under 13 and so should directly impact this group more than any other. Safeguarding activity is then applied directly aligned to the level of assessed risk and so the race, sex, any disabilities etc. (other than if it affects assessed level of risk) is not of relevance (i.e. all children are treated equally).

Law enforcement agencies have no control over the vast majority of referrals sent to them by, for example, industry. They triage and prioritise cases based on the threat an individual poses to children, with the protected characteristics of the perpetrator (if it is known at that point) irrelevant when considered against the individual’s activities and factors such as access to children.

As such, other than the fact the measure looks to better protect children under 13, and certainly considering perpetrators, this measure applies equally to all. As such we do not believe that the measure will directly or indirectly, negatively impact people or groups with protected characteristics.

Amendments to the Crime (Overseas Production Orders) Act 2019

There is no direct discrimination within the meaning of the Equality Act as the law will apply equally, regardless of any protected characteristic. We have found no evidence that the measure, which relates to electronic data currently sought under the Mutual Legal Assistance channel, will disproportionately directly or indirectly, impact people or groups with protected characteristics.

Attendance at a police station for the purposes of fingerprints, DNA samples and photographs

There is no direct discrimination within the meaning of the Equality Act as the law will apply equally, regardless of any protected characteristic. The provision makes it easier for people to be recalled to a police station for taking of fingerprints, DNA samples and photographs if this was not done at an earlier stage of the investigation. There is no data on the number of people affected. We have found no evidence that the measure will disproportionately directly or indirectly, impact people or groups with protected characteristics.

Human remains

There is no direct discrimination within the meaning of the Equality Act as the law will apply equally, regardless of any protected characteristic. This is a limited power, solely relating to search warrants with the aim of uncovering information concerning human remains. We have found no evidence that the measure will disproportionately directly or indirectly, impact people or groups with protected characteristics.

Tackling non-violent protests

There is no direct discrimination within the meaning of the Equality Act as the law will apply equally, regardless of any protected characteristic. We have no evidence to believe any of these measures will be directly discriminatory as they do not, on the face of them, treat people with protected characteristics differently.

Tackling unauthorised encampments

There is no direct discrimination within the meaning of the Equality Act as the law will apply equally, regardless of any protected characteristic.

The Home Office sought views on proposals in the 2019-2020 consultation and we have considered and attached mitigating conditions for the offence which seek to limit any disproportionate impact on GRT communities.

The new offence and corresponding enforcement action will apply to anyone who meets the conditions of the offence, regardless of their protected characteristic. This is the same for the amendments to the Criminal Justice and Public Order Act 1994 (“CJPOA”); they will apply to anyone who meets the conditions of the amended provisions.

Age

The offence applies to those aged 18 or above only. However, the policies tackling unauthorised encampments could indirectly impact children (witnessing police arresting adults and seizing vehicles, some of which could be residences, being removed etc). If families are redirected to other suitable sites, this could be far away from their children’s schools or their doctor’s surgery. However, residing on an unauthorised site may also be detrimental to the welfare of the child where there are no bespoke services such as water and electricity.

It is possible that those with disabilities may be indirectly impacted due to not having access to their reasonable adjustments if moved or directed away from available specialist care or access to specialist facilities. Notwithstanding this, where an authorised site is available, that site enables a person to lead a nomadic lifestyle within the law. Furthermore, authorised sites are more likely to offer bespoke provision of water, electricity and other services, and this could include disabled access. Unauthorised sites are far more likely to be unsuitable for those with health conditions or disabilities and will not offer services such as water or electricity. Police will also take safeguarding and the needs of the vulnerable into account when deciding whether to take any enforcement action.

Pregnancy and maternity

Pregnant women and families with young children could be indirectly negatively impacted by this policy if they need to access local services such as schools or medical facilities. However, where an authorised site is available, that site is more likely to offer bespoke provision of water, electricity and other services. Unauthorised sites will not offer services such as water or electricity. Police will also take safeguarding and the needs of the vulnerable into account when deciding whether to take any enforcement action.

The reasonable excuse defence incorporated into both the offence and existing provisions under the CJPOA enables the police to consider a person’s individual circumstances if they fail to comply with a request to leave or enter or re-enter the land within the prohibited period of a request.

Individual cases will be considered by the police (and by the courts) on their individual merits. In line with their duties under the Equality Act 2010, the police will aim to liaise with local authorities before taking a decision on enforcement action. In particular, the police will be mindful of available temporary accommodation and safeguarding the vulnerable.

Race

Any discriminatory impact for those of a particular race or ethnicity will be indirect; the policy applies to everyone in the same way but may place those from GRT communities at a particular disadvantage. We have carefully considered whether those measures could be perceived as discriminatory against the GRT communities. The Race Disparity Audit published in 2017 points to equality issues facing GRT groups, which we have considered when designing new measures. It is our view that any indirect discrimination towards the above communities can be objectively justified.

We recognise the rights of GRT communities to follow a nomadic way of life in line with their cultural heritage. Although this policy may have an effect on these groups, the offence will apply to anyone who resides or intends to reside on land illegally in the conditions set out. Enforcement action will not be taken on the grounds of race or ethnicity, and instead will be based on whether any individual chooses to reside on land without permission and causes significant damage, disruption or distress, affecting the rights of others.

It is our view that the offence and accompanying seizure power, as well as the amendment of existing powers under the CJPOA are a proportionate means of achieving the legitimate aims of prevention and investigation of crime and the protection of the rights of others (notably those of the occupier and the local community). The offence only applies when there has been or there is likely to be, significant damage, disruption or distress and where a person resides or intends to reside on land without the consent of the occupier of the land. The changes to the CJPOA are similarly proportionate. Enforcement action (directing people away) is proportionate to the lower level of harms committed, i.e. in the amendments to the CJPOA, arrest and seizure powers can still be exercised only where someone fails to comply with a direction.

The use of the new power, as is the case with all existing powers available to the police, is discretionary and is an operational matter for the police. Individual cases will be considered by the police and by the courts on their individual merits. And we expect police will aim to liaise with local authorities before taking a decision on enforcement action with regard to temporary accommodation and safeguarding the vulnerable. The police, when making decisions around how to exercise their powers are obliged to pay due consideration to their public sector equality duties (under section 149 of the Equality Act 2010) and to exercise their powers in a way that is compliant with an individuals’ rights under the European Convention on Human Rights (ECHR).

We will issue statutory guidance, setting out examples of circumstances in which the new powers might be used (depending on the facts of the individual case) and our expectations for the new power of arrest and seizure to be used fairly. As set out in section 11 of the Children Act 2004, a duty is placed on the police and other public authorities to safeguard and promote the welfare of children and to exchange information between themselves and others with safeguarding responsibilities under the Children Act 2004 where necessary.

Courses offered as an alternative to prosecution

There is no direct discrimination within the meaning of the Equality Act as the law will apply equally, regardless of any protected characteristic. We have found no evidence that the measure will disproportionately directly or indirectly, impact people or groups with protected characteristics.

Charges for removal, storage and disposal of vehicles

There is no direct discrimination within the meaning of the Equality Act as the law will apply equally, regardless of any protected characteristic. We have found no evidence that the measure will disproportionately directly or indirectly, impact people or groups with protected characteristics.

Surrender of driving licences

There is no direct discrimination within the meaning of the Equality Act as the law will apply equally, regardless of any protected characteristic. Removing the requirement to surrender the driving licence as part of the endorsement process will benefit motorists by reducing their postage costs and the time involved in posting their licence to the court or fixed penalty office and attending police stations. We have found no evidence that the measure will disproportionately directly or indirectly, impact people or groups with protected characteristics.

Fixed penalty – in Scotland

There is no direct discrimination within the meaning of the Equality Act as the law will apply equally, regardless of any protected characteristic. The proposal affects drivers and other road users who commit offences equally. It provides a different way of dispensing justice which benefits the justice system in Scotland. We have found no evidence that the measure will disproportionately directly or indirectly, impact people or groups with protected characteristics.

Serious Violence Reduction Orders

There is no direct discrimination within the meaning of the Equality Act as the law will apply equally, regardless of any protected characteristic.

Age

SVROs will only be available for adult offenders. In the year ending September 2020, 80 per cent (12,953) of relevant sentences were for adults.

At the same time, more adults than children are admitted to hospital after being assaulted with a sharp instrument, the peak age for such admissions between April and September 2019 being 20-29 (40 per cent), and the peak age for victims of homicide in the year ending March 2019 being 25-34 (136 out of 671 victims).

The intention is that SVROs deliver a deterrent effect by helping to change the behaviour of known knife and weapon carriers by increasing the risk of being caught and helping offenders to distance themselves from and resist pressure to carry weapons. It will also create benefit by creating an additional opportunity to catch those individuals who are continuing to carry weapons in public. There may therefore be a positive impact for adults if adult offenders are given an SVRO, in that SVROs would help the police to take targeted action to break the cycle of offending and to protect communities from harm.

Race

We would expect most SVROs to be made for people who are white. However, there may be a disproportionate impact of the orders on the black adult population because they are sentenced and become victims of serious violence at a higher rate, with black males aged 10-17 being sentenced at a rate of 618 per 100,000 population and black males aged over 18 sentenced at a rate of 361 per 100,000. We can therefore expect that black males will receive an SVRO at a higher rate.

In addition, we know that in the year ending March 2020, black people were 8.9 times as likely to be stopped as those who were white. No one should be stopped and searched based on race or ethnicity and extensive safeguards exists to ensure that this does not happen. However, this may mean that people from black, Asian and ethnic minority groups, in particular black people, who are subject to an SVRO are more likely to be searched in practice.

However, the statistics show that people from black, Asian and ethnic minority, groups are more likely to be admitted to hospital after being assaulted with a sharp instrument and be victims of homicide. Therefore interventions that are successful in reducing violent crime may also reduce the number of victims of violent crime and benefits could disproportionally fall to those with certain characteristics.

The intention is that SVROs deliver a deterrent effect by helping to change the behaviour of known knife and weapon carriers by increasing the risk of being caught and helping offenders to distance themselves from and resist pressure to carry weapons. There may also be a positive impact, in that SVROs would help the police to take targeted action against known offenders to break the cycle of offending and to protect communities from harm, thereby saving lives

We have considered some key ways in which we will mitigate any potential negative impact:

• Guidance. We will develop guidance on the use of SVROs by the police. This will take the form of statutory guidance issued by the Secretary of State and will include guidance to police constables and chief officers about the exercise of their functions in relation to SVROs. We will also set out the new stop and search power in the relevant code of practice (Code A) under section 66 of the Police and Criminal Evidence Act 1984. which provides statutory guidance on the use of stop and search.
• Pilot. SVROs will be applied to adults, aged 18+, who have been convicted of a relevant knife or offensive weapons offence. SVROs will be introduced on the basis of a targeted pilot. The Government is piloting SVROs to build an understanding of the impact and effectiveness of the new orders before deciding on whether they should be rolled out nationally. The pilot will test the deterrence effect of SVROs; trial how we ensure that offenders are directed to local intervention schemes; test the local public response to the orders; examine the potential impact on disparities; and build evidence on the outcomes for offenders who are subject to an SVRO, public safety, and public confidence. Scrutiny. The use of current stop and search powers also includes a number of safeguards which will also apply to SVROs. This includes statutory codes of practice external community scrutiny panels; and local police operating procedures may also include the use body worn cameras. The Government collects more data on stop and search than ever before. This data is published online, allowing local scrutiny groups, PCCs and others to hold forces to account. HMICFRS also inspects force stop and search data annually, and extensive data is also published to increase trust and transparency.

Sex

We would expect most SVROs to be made for people who are male. This is because more males are sentenced for relevant offences than females. In the adult population, it is estimated that 56 males were sentenced for relevant offences per 100,000 adult men, compared to 4 women sentenced per 100,000 adult women.

However, 96 per cent of those admitted to hospital for assault by sharp objects are male. Males are also more likely to be admitted to hospital for assault by sharp objects.

There may therefore be a positive impact for males, in that SVROs would help the police to take targeted action to break the cycle of offending and to protect our communities from harm, thereby saving lives.

Management of sex offenders

There is no direct discrimination within the meaning of the Equality Act as the law will apply equally, regardless any protected characteristic.

Sex

For the year ending March 2020, the Crime Survey for England and Wales estimated female victims were almost four times as likely to experience sexual assault as male victims. In addition, police recorded data on sexual offences for the year ending March 2020 showed that the victim was female in 84 per cent of cases.

The majority of those convicted or cautioned of sexual offences are men. Men are, therefore, more likely to be impacted by the proposed measures in the Bill, although these are necessary and proportionate measures to protect victims and communities from sexual harm. The measures will also help to break the cycle of offending, predominantly among men.

The measures in the Bill will likely have a greater impact on the unlawful victimisation of female rather than male victims, because of the disparity in the rates of male and female victimisation.

One of the sex offender management measures relates specifically to publishing a list of countries considered to be at high risk of child sexual abuse and exploitation from UK nationals and residents. Although there is little available evidence on the characteristics of CSA victims abroad who will be better protected by this measure, evidence suggests that victims in England and Wales are most commonly female. Additionally, perpetrators of CSA in England and Wales are predominantly male. By nature of these offending trends, provisions may have a greater impact on men, although this reflects the nature of the threat. The aim is of this measure is ultimately to reduce victimisation of other groups.

Race and disability

Those in the black or black British and mixed ethnic groups were also significantly more likely than those in the white, Asian or other ethnic to experience sexual assault, and women with a disability were more likely to have experienced sexual assault in the last year than women without a disability. These measures should reduce unlawful victimisation or discrimination between those with and without those protected characters.

Age

Crime Survey for England and Wales data estimates that those aged 24 and under are significantly more likely to be victims of sexual assault than other age groups. Therefore, the proposed measures will have a greater impact in its protection of those age groups from unlawful harassment and victimisation.

The notification requirements are the same for individuals regardless of their age (or any other protected characteristic). It is not considered that there will be any disproportionate impact on any particular age group from these measures. Those under 18 years of age convicted or cautioned for a relevant offence are subject to notification requirements half of the duration applicable to adult offenders.

A court may already direct a person with parental responsibility for a juvenile offender to comply with the notification requirements on their behalf, which will mitigate against any potential discrimination against those under 18 years of age arising from those measures in the Bill.

Management of terrorist offenders

The UK’s counter-terrorism legislation is ideologically blind and applies to terrorism in all its forms. We assess that the changes being made through the Bill will not directly or indirectly discriminate against individuals based on protected characteristics. The new police powers will apply to those convicted of terrorism offences - and those convicted of non-terrorism offences but identified as being of terrorism risk - regardless of their protected characteristics and there are no criteria for the application of these powers based on any of these factors.

Race, religion and sex

Quantitative data suggests that Asian/British Asian and Muslim individuals have been disproportionately affected by terrorism legislation relative to the percentage of Asian/British Asian and Muslim individuals in the total population. As at 31 December 2020, out of 209 offenders in custody in Great Britain for terrorism-connected offences, 98 self-identified as Asian/British Asian and 154 self-declared their religion as Muslim. This trend is consistent with Islamist terrorism posing the single most prevalent threat in the UK. At the time of writing, there have been 29 terrorist plots disrupted since 2017, including 18 that were Islamist in nature. Since 2001, 991 individuals have been convicted after a charge for terrorism-related activity. Of these, 905 have been male and 86 female. This also reflects the threat profile over this period.

The representation of certain groups within the available data suggests that they are relatively more likely to have the new police powers applied to them following their introduction. Any indirect difference in treatment is anticipated to be objectively justified as a proportionate means of achieving the Government’s legitimate aim of protecting all members of the public from the threat of terrorism.

The three new police powers we are introducing to improve the management of terrorist and terrorist risk offenders (powers of premises search, personal search, and a power of urgent arrest) are expected to be used sparingly and in limited circumstances. They stem from recommendations made by Jonathan Hall QC, the Independent Reviewer of Terrorism Legislation (IRTL), following his review of MAPPA used to supervise terrorist and terrorist-risk offenders.

It is clear on the face of the legislation that a premises search will only be conducted if the Court is satisfied that a warrant permitting the search is necessary for purposes connected with protecting members of the public from a risk of terrorism; a personal search will only be conducted if the terrorist offender is subject to the relevant licence condition and a police officer is satisfied that the search is necessary for purposes connected with protecting members of the public from a risk of terrorism; and the power of urgent arrest will only be used in circumstances when it is reasonable for the police to consider that it is necessary to place the offender under arrest for purposes connected with protecting the public from a risk of terrorism pending a decision by the National Probation Service on their recall.

As with all police powers, to mitigate indirect discriminatory impacts, consideration is always made towards the potential disproportionate impact they may have throughout police training, Authorised Professional Practice developed by the College of Policing, and officers’ continuous professional development. We are also aware that the police are updating operational guidance to incorporate these new powers, which will be completed in time for them coming into force to help ensure their use is always necessary and proportionate and in accordance with the law.

In relation to the new power to conduct a personal search on a terrorist offender, this will only be possible in relation to offenders who are deemed to pose a high risk of serious harm while on licence and had the relevant licence condition permitting such a search imposed on them. There is no direct discrimination within the meaning of the Equality Act as the law will apply to relevant terrorist offenders, regardless of ethnicity, religion or otherwise. However, there is potential for unconscious bias in relation to the assessment of risk, leading to the decision on whether to impose the licence condition. To mitigate this risk, the Government, including HMPPS, will:

• ensure that in all cases where an individual has been assessed as posing a high or very high risk of serious harm, the assessment is countersigned by a Senior Probation Officer or a Head of Service
• discuss and agree risk levels at multi-agency panel meetings
• regularly review in line with MAPPA guidance and National Probation Service (NPS) policy
• put in place quality assurance measures in the NPS National Security Division to monitor and improve the standard of assessments
• establish an annual review of equality data by the NPS National Security Division to check for any patterns that could indicate disproportionality, and
• ensure that all Probation practitioners are familiar with the NPS Risk of Serious Harm Guidance, paying particular attention to the section on Bias in Risk Assessment.

In addition, all three new police powers will be subject to scrutiny following their introduction, including through the IRTL’s routine oversight of the operation of the Terrorism Acts as well as post-legislative scrutiny conducted by the Government, to monitor whether they are being used appropriately and having a disproportionate impact on certain groups.

3b. Consideration of limb 2: Advance equality of opportunity between people who share a protected characteristic and people who do not share it

The Police Covenant Report

The introduction of the Police Covenant Report provides an opportunity to advance equality of opportunity by building a more inclusive environment in policing, to foster understanding and support between people who share a protected characteristic and others. A detailed equality impact assessment will be undertaken in line with any policy changes driven by the Report.

In preparing the Police Covenant Report, the Home Secretary must have regard to the obligations and sacrifices made by members of the police workforce and, should she perceive that disadvantages exist as a result of working in policing, she will be expected to set out her response to those disadvantages in the report. By highlighting these, the Police Covenant Report will advance equality of opportunity for members and former members of the police workforce by encouraging action to remove those disadvantages.

Serious violence duty

Age

Younger people are admitted to hospital for knife/sharps injury at a higher rate than older people. The annual rate is 14.7 per 100,000 for those aged 10-19, and 21.8 per 100,000 for those aged 20-29. This compares with 4.7 per 100,000 for the other ages combined. The aim of the policy is the reduction of violence amongst those most likely to be involved and it therefore will benefit those who are more likely to experience it.

Race

As stated above (3a), individuals from black communities may be disproportionately impacted by this policy on account of their ethnicity. However, as this same cohort are disproportionately represented as victims of gang violence and homicides, the policy may also disproportionately benefit this cohort as the policy will result in local crime prevention interventions being implemented. Black/black British people are also admitted at a higher rate of 22.3 per 100,000 than Asian/Asian British people (7.2 per 100,000) and white people (4.9 per 100,000).

Therefore, benefits could accrue to those with these characteristics. The aim of the policy is the reduction of serious violence. If the benefits of the policy were to outweigh the costs, as currently estimated, this policy would have positive, not adverse, effects and be objectively justified.

Reforming pre-charge bail

We anticipate the introduction of risk factors and national statutory guidance on the use of pre-charge bail will improve consistency in decision-making within the pre-charge bail system, including in relation to the imposition of bail conditions and may advance equality of opportunity in this way.

Youth organisations have highlighted the effect being on PCB has on children and young people and the impact of bail and conditions due to their young age. Some suspects aged 16 or under who had been released under investigation were over 18 by the time the investigation was completed. The changes to PCB may improve police management of young people’s cases to help mitigate this and advance equality of opportunity in this way.

Attendance at a police station for the purposes of fingerprints, DNA samples and photographs

While the provision does not have a direct effect, and as stated there is no data on the number of people affected, it should to some extent increase the chance that material found at crime scenes can be linked to suspects and may thereby contribute to solving crime. Young people are more likely to be victims of crime so this may advance equality of opportunity between different age groups.

Tackling unauthorised encampments

In June 2019, MHCLG announced plans to launch a national strategy to tackle entrenched inequality and improve the lives of travelling communities. The strategy recognises that health, education and housing disparities are considerable and looks to launch an ambitious programme of work, to be undertaken across government, which will aim to tackle the serious disparities faced by GRT communities. Work continues on this strategy.

The Government is considering a range of options to tackle hate crime beyond the current Hate Crime Action Plan. We are engaging with other Departments and civil society partners to explore possible approaches and are ensuring GRT communities’ views are taken into consideration. Section 2 ‘Summary of the Evidence’ highlights what the Government is doing to increase site provision.

Serious Violence Reduction Orders

Race

There should be a positive impact on people from ethnic minorities, as they are more likely to be victims of violent crime and admitted to hospital after being assaulted with a sharp instrument. Therefore, benefits could accrue at a higher rate to those with these characteristics – advancing equality of opportunity. The aim of the policy is the reduction of violence amongst those most likely to be involved. SVROs would help the police to take targeted action to break the cycle of offending and to protect our communities from harm, including people from black, Asian and minority ethnic communities; thereby saving lives.

There may be a negative impact if the policy is implemented or operationalised poorly, and that is why we are taking a number of measures, including piloting, to ensure that this risk is managed.

Sex

There may be a negative impact on men if a disproportionate number of men are given an SVRO. As above, this is because more males are sentenced for relevant offences than females.

However, as above (in section 3a) the statistics show males are more likely to be admitted to hospital for assault by sharp objects.

SVROs would help the police to take targeted action to break the cycle of offending and to protect our communities from harm, including males.

Management of sex offenders

While we do not have data to show the characteristics of those subject to, or likely to be subject to an order, they will constitute offenders or those who pose a risk of sexual harm (some general characteristics are discussed above). These measures aim to reduce offending which will advance equality of opportunity between groups more likely to be victims of sexual offences (women, girls, ethnic minorities, those with disabilities) and those who are less likely to be victims. We have considered the following:

List of countries

This provision will affect all offenders equally and so we do not see that the list of countries or requirement for applicants of civil orders and the courts to have regard to that list will have any impact on advancing equality of opportunity.

Age

Enabling positive obligations to be imposed as conditions of SHPO or SROs has the potential to support interventions that recognise the different needs of different groups or individuals. This includes courses specific to people of different ages (young offenders as opposed to adult offenders).

Disability

Enabling positive obligations to be included on an order has the potential to support interventions that recognise the different needs of different groups or individuals. This could, for example, include courses aimed at people with specific learning disabilities.

Sex

Enabling positive obligations to be included on an order has the potential to allow to support interventions that recognise the different needs of different groups or individuals. This could include training or courses aimed, for example, to address negative attitudes towards women.

Other Home Office measures in the Bill

In relation to the other measures in the Bill not detailed above we have not identified ways in which we could advance equality of opportunity between people who share protected characteristics and people who do not share them.

3c. Consideration of limb 3: Foster good relations between people who share a protected characteristic and persons who do not share it

Section 149(1)(c) of the Equality Act 2010 imposes a duty to “have due regard to the need to foster good relations between persons who share a relevant protected characteristic and persons who do not share it”. It is not anticipated that the measures in the Bill will have a significant impact on community relations between people who share a protected characteristic and those who do not.

Those measures where limb 3 is potentially engaged are considered in further detail below.

Serious violence duty

The draft statutory serious violence duty guidance states that partnerships should proactively work with communities and young people that have been affected by crime and voluntary and community sector organisations when developing local interventions and strategies. It is intended that partnerships deliver policies that address the needs and issues that matter the most to young people and the local community, which may lead to opportunities to foster good relations between people and groups who share a protected characteristic and people and groups who do not share it.

Tackling non-violent protests

We have no evidence that these measures will directly or indirectly impact relations between people or groups with particular protected characteristics. We continue to work with the police on their ongoing training within forces in order to facilitate protests to the best of their ability.

Tackling unauthorised encampments

We consider that strengthening the ability of police to take enforcement action reduces the risk of vigilantism and hate crimes against traveller communities, and improving relationships between communities. The policy differentiates between those who cause harm and those who don’t, regardless of their race or ethnicity. People on unauthorised encampments who do not cause damage, disruption or distress will not have enforcement action taken against them.

The new measures will help to aid community cohesion through discouraging harmful behaviours.

Race

The Government is committed to delivering a cross-government strategy to improve the life chances for the GRT communities. The Government is considering a range of options to tackle hate crime beyond the current Hate Crime Action Plan. We are engaging with other Departments and civil society partners to explore possible approaches and are ensuring GRT communities’ views are taken into consideration.

The ‘Summary of the Evidence’ section highlights what the Government is doing to increase site provision.

Serious Violence Reduction Orders

As above (in sections 3a and 3b), there may be a negative impact on community and police relations if the policy is implemented or operationalised poorly. Conversely, there may be an improvement in community and police relations where the police are better able to aid those subject to the order from continuing to carry knives and other weaponry on the streets.

If the police mistakenly identify individuals as being subject to an SVRO, this may also undermine community and police relations, however, this risk is mitigated against as any police constable who exercises the power in relation to an individual who is not subject to an SVRO would be acting unlawfully.

As above, the statistics show that ethnic minorities are more likely to be victims of violent crime and to be admitted to hospital after being assaulted with a sharp instrument. There may therefore be a positive impact for the relations between ethnic minority communities and the police, if as a result of the SVRO and related activity, there are fewer victims of knife crime.

As above (in section 3a and 3b), there are steps we are taking to mitigate against any potential disparities, including: piloting the orders before making a decision on national roll out, developing guidance for the police on the use of the orders ; and ensuring effective scrutiny and monitoring.

Sex

As above (in sections 3a and 3b), 96 per cent of those admitted to hospital for assault by sharp object are male. Males are also admitted to hospital for assault by sharp objects at a higher rate (15.8 per 100,000) than females (less than 1.5 per 100,000)^{[footnote 27]}.

There may therefore be a positive impact for the relations between men and the police, if as a result of the SVRO and related activity, there are fewer victims of knife crime.

Management of sex offenders

These provisions aim to reduce offending and therefore should promote better relations between groups more likely to offend and groups more likely to be victims.

In light of the overall policy objective, are there any ways to avoid or mitigate any of the negative impacts that you have identified above?

We have considered potential mitigation for issues raised above for the below measures.

Serious violence duty

The new serious violence duty will be accompanied by statutory guidance to provide further information to those upon whom the Duty will fall. The statutory guidance will state that, when developing their local strategies, which will include actions and interventions for their local areas, specified authorities must comply with the requirements of the Equality Act 2010. Specified authorities should also monitor the impact of their local strategies on those with protected characteristics. This will ensure that, going forward, there is a focus on monitoring any impacts, both positive and negative, and potential ways to mitigate where impacts have been identified.

Homicide reviews

The legislation sets out that the homicide reviews will be subject to piloting. This will enable further investigation into any potentially unforeseen negative impacts on equality.

Pre-charge bail

The pre-charge bail (PCB) reforms will be accompanied by statutory guidance, issued by the College of Policing. The College of Policing will also be providing a comprehensive training package for forces on the reforms and the new PCB framework. This aims to provide consistency and clarity for police forces across England and Wales.

Extraction of information from electronic devices

To support use of the power we will issue a statutory code of practice to guide authorised persons on when, and how, the power should be used, to best respect the privacy rights of victims and witnesses.

All authorised persons must have due regard to the code of practice, which will give practical guidance on the use of the power, including considering whether the use of the power is necessary and proportionate to ensure that they exercise their functions in accordance with the law.

The code will inform authorised persons about the considerations they should have in mind when interacting with victims and witnesses of a crime, especially vulnerable victims of serious offences, such as rape and other sexual offences to outline that a greater level of sensitivity should be applied.

The code of practice will provide guidance to authorised persons on how to ensure the rights of other vulnerable individuals such as children and those who lack mental capacity have been taken into consideration. This will be line with the principles set out in other codes of practice such as the Victims Code.

While individuals with certain characteristics are more likely to be impacted as a result of them being at greater risk of being victims of crimes that are more likely to require the extraction of information to support the investigation, all authorised people using the power must have reasonable belief that material relevant to the purpose will be found on the victim’s or witness’ device before they request the extraction of information. They must also be satisfied that exercise of the power is necessary and proportionate to achieve that purpose. Furthermore, the authorised person must consider the risk of extracting information other than that which is required. If there is a risk (of extracting other information) then in order to be proportionate the authorised person must be satisfied that there are no other means of obtaining the relevant information or that if there are other means that it is not reasonably practical to use them. The officer must inform the victim or witness of what information they are seeking when they seek agreement. Police officers will also issue Digital Processing Notices to individuals, which explain in layman’s terms how they will extract the information, which information might be extracted, how long it might be retained for and what happens to irrelevant material found on the device(s). This is to ensure the individual is fully aware of these and appropriately informed prior to giving their agreement.

Tackling non-violent protests

We have discussed these measures with law enforcement stakeholders and believe they will have no direct impact on any protected characteristics.

We will continue to work closely with the police to ensure that the risk of indirect discrimination is considered at all stages of police training and that best practice is shared between forces to ensure a consistent approach to the policing of protests across England and Wales.

Unauthorised encampments

In June 2019, MHCLG announced plans to launch a national strategy to tackle entrenched inequality and improve the lives of travelling communities. The strategy recognises that health, education and housing disparities are considerable and looks to launch an ambitious programme of work, to be undertaken across government, which will aim to tackle the serious disparities faced by GRT communities. Work continues on this strategy.

Mitigating actions regarding housing have been set out within the limbs, and are summarised as below:

• local housing authorities are required to assess housing
• the government asks local planning authorities to make their own assessment of need for the purposes of planning
• the £11.5 billion Affordable Homes programme for local authorities will provide a wider range of homes to meet the housing needs of people, including funding for new authorised pitches.

In consideration of the consultation responses the Home Office decided to introduce mitigating conditions to the new offence to help ensure that this is proportionate. These include:

1. Ensuring that damage, disruption or distress must be “significant” in order for a person to be caught by the offence.

2. Provision that the offence and seizure power should only apply where a person fails to leave the land and remove their property (having been asked to do so) or enters or re-enters with an intention to reside with a vehicle within a prohibited period without reasonable excuse without reasonable excuse

3. Ensuring that permanent seizure or disposal of a seized vehicle/property will be subject to judicial oversight.

Statutory guidance to be published will set out examples of what could (depending on the factual circumstances) constitute significant damage, disruption and distress. The guidance will help to ensure that police can understand the full range of powers available to them so that they can take proportionate enforcement action. Details of what could constitute a reasonable excuse will be highlighted in the statutory guidance.

In addition, the police will, in compliance with their ECHR obligations, need to consider any welfare considerations before taking enforcement action. Police guidance will be issued on the proportionate use of the power.

The Government is committed to developing a cross-Government strategy to improve the life chances for the Gypsy, Roma and Traveller communities across a range of outcomes highlighted by the audit, including housing, education and health.

In response to what it heard, the Government funded six projects across England in 2018 to 2019 to improve outcomes in the areas of educational attainment, health and social integration, and to reduce the communities’ vulnerability. It committed to building on the learning to address barriers and continue to improve outcomes.

Serious Violence Reduction Orders

Following detailed consideration of the responses to the public consultation and engagement with key stakeholders, the Government has developed a number of proposals for SVROs. We recognise that the application of any power to stop and search needs to be effectively monitored to ensure it is being appropriately used. We will work with police and other stakeholders to develop guidance and pilot SVROs in four police forces areas.

We will use the pilot phase to ensure that there is robust scrutiny and safeguards in place to ensure the orders are effective and are used appropriately. The pilot will test the deterrence effect of SVROs; trial how we ensure that offenders are directed to local intervention schemes; test the local public response to the orders; examine the potential impact on disparities; and build evidence on the outcomes for offenders who are subject to an SVRO, public safety, and public confidence.

The use of stop and search powers already includes a number of safeguards which will also apply to SVROs. This includes statutory codes of practice, external community scrutiny and local police operating procedures and may also include the use body worn cameras. The Government collects more data on stop and search than ever before. This data is published online, allowing local scrutiny groups, PCCs and others to hold forces to account. HMICFRS also inspects force stop and search data annually, and extensive data is also published to increase trust and transparency.

Sex offender management

The notification requirements and SHPOs and SROs which require an individual to refrain from certain activities and to notify in person can potentially impact on individuals with disabilities. However, as is currently the case, the police and the courts will need to have due regard to the Act when making decisions on offender management and make any necessary adjustments accordingly.

4. Review date

The public equality duty for those measures which include a pilot, will be reviewed during the design phase and following the pilots completion.

The majority of the measures in the Bill considered in this document will be subject to the normal post-legislative review three to five years after Royal Assent. The following will be reviewed outside of this post-legislative review process:

• the Police Covenant Report will be reviewed annually upon preparation of the report
• Special Constable membership of the Police Federation will be considered annually from commencement of the legislation
• Serious Violence Reduction Orders and Homicide reviews will be reviewed following the pilot period

5. Declaration

I have read the available evidence and I am satisfied that this demonstrates compliance, where relevant, with Section 149 of the Equality Act and that due regard has been made to the need to: eliminate unlawful discrimination; advance equality of opportunity; and foster good relations.

SCS sign off: Mark Williams

Name/Title: Mark Williams

Directorate/Unit: Policing Policy Directorate / Police Powers Unit

Lead contact: Mark Williams

Date: September 2021

For monitoring purposes all completed EIA documents must be sent to psed@homeoffice.gov.uk

EIA enquires must also be sent to psed@homeoffice.gov.uk

Date sent to PSED Team: August 2021

1. Pivot table analytical tool for previous knife and offensive weapon offences. Based off all offenders convicted and cautioned for possession offences. All offenders used. 19,307 offenders, 13,580 are White, 3.468 are Black and 1,291 are Asian. Rest are other or unknown. ↩

2. Uses NOMIS 2011 Census data ↩

3. Homicide in England and Wales - Office for National Statistics (ons.gov.uk) (Appendix Table 7a) ↩

4. See: Home Office: Police powers: pre-charge bail overview of the evidence ↩

5. See Police powers and procedures, England and Wales, year ending 31 March 2020 second edition ↩

6. Crime in England and Wales: Annual Trend and Demographic Tables - Office for National Statistics, table A3 and A11. ↩

7. Youth Justice Statistics for 2019/2020, pg. 79 ↩

8. Criminal justice system statistics quarterly (Ministry of Justice, 2019), specifically: Outcomes by Offence 2009 to 2019: Pivot Table Analytical Tool for England and Wales. CSA offence codes used: 17B.1, 17B.2, 17C, 19D, 19E, 19F, 19H, 20B.1, 20B.2, 20C, 21.1, 21.2, 21.3, 22,1, 22.2, 22.3, 23.1, 23.2, 23.3, 23.4, 23.5, 23.6, 71.1, 73, 74, 88A. Indecent images of children (IIOC) offence codes used: 86.1, 86.2, 86.3. ↩

9. Knife and Offensive Weapon Possession Sentencing publication: Pivot Table Analytical Tool for previous knife and offensive weapon offences, released the Ministry of Justice, 10 December 2020. Children figure is the 10- 17-year age group. ↩ ↩²

10. Knife and Offensive Weapon Possession Sentencing publication: Pivot Table Analytical Tool for previous knife and offensive weapon offences, released the Ministry of Justice, 10 December 2020. Children figure is the 10- 17-year age group. ↩

11. ‘Police powers and procedures, England and Wales, year ending 31 March 2020’, released by the Home Office, 6 November 2020. ↩

12. ‘Police powers and procedures, England and Wales, year ending 31 March 2020’, released by the Home Office, 6 November 2020. ↩

13. Page 15, ‘Police powers and procedures, England and Wales, year ending 31 March 2020’, released by the Home Office,6 November 2020. ↩

14. Police powers and procedures, England and Wales, year ending 31 March 2020’, released by the Home Office   ↩

15. ‘Hospital Admissions for Assault by Sharp Object from 2012’, released by NHS Digital, 18 June 2020. ↩

16. See Home Office: Trends and drivers of homicide: Main findings. Research Report 113 (March 2020), page 7. ↩

17. 2% of victims had unrecorded ethnicity. ↩

18. Home Office Homicide Index and ONS Population statistics ↩

19. Homicide in England and Wales - Office for National Statistics (Appendix Table 18) ↩

20. Arrest rates by ethnic group are calculated using population data taken from the 2011 Census. Arrest rates should be considered with caution given the length of time since the last Census. Police powers and procedures, England and Wales, year ending 31 March 2020 second edition ↩

21. For the year ending March 2020, the CSEW showed that those in the Mixed ethnic group were significantly more likely to experience domestic abuse within the last year than those in the Black or Asian ethnic groups. For partner abuse, those in the White and Mixed ethnic groups were significantly more likely to be victims than those in the Asian ethnic group. For family abuse, those in the White and Mixed ethnic groups were significantly more likely to be victims than those in the Black ethnic group. Domestic abuse victim characteristics, England and Wales - Office for National Statistics ↩

22. Domestic abuse victim characteristics, England and Wales - Office for National Statistics ↩

23. Police recorded crime data based on 17 forces to 2019-20. The nature of violent crime. ↩

24. Home Office, Police Powers and Procedures, 2019/20 ↩

25. HMICFRS and HMCPSI (2020) Pre-charge bail and released under investigation: Striking a balance ↩

26. Sexual offences in England and Wales: year ending March 2017 ONS ↩

27. ‘Hospital Admissions for Assault by Sharp Object from 2012’, released by NHS Digital, 18 June 2020. ↩