Policy Briefing: Crime and Policing Bill Passes Second Reading
The long-awaited Crime and Policing Bill is now here, and so are its numerous policy objectives and provisions. It is a bill of immensely broad scope, comprising 137 clauses over 332 pages, with accompanying explanatory notes running up to 168 pages. As articulated by the government themselves, the objective of the Bill is to: counter serious violence, violence against women and girls, and the exploitation of children and vulnerable adults; to protect the public from anti-social behaviour, retail crime and shop theft; to equip the police and others with powers to combat anti-social behaviour, knife crime and terrorism; and to rebuild public confidence in policing and the criminal justice system. Resurrected, in part, from the conservative’s criminal justice bill, the crime and policing bill aims to fulfil the Labour government’s ‘safer streets’ mission.
When assessing policy options, the preferred outcome appears to be the amendment and increasing regulation of current anti-social behaviour legislation. This includes, choosing regulation other non-interventionist policy prescriptions, such as updating statutory guidance or communication campaigns for existing powers.[1] This is a positive step and looks to introduce and bolster existing regulation in order to strengthen communities and their response to anti-social behaviour.
Anti-social behaviour is now firmly at the centre stage of the policy process. It is encouraging to see changes to legislation in order to tackle the growing blight of anti-social behaviour, our own YouGov survey from last year, notes that more than 1 in 4 people (28%) say that ASB has made them feel unsafe in their area, 15.6 % have had to consider moving home, almost 60% say that more needs to be done to tackle anti-social behaviour and that 43% say that levels of ASB have increased compared to 3 years ago.
Key Findings
Respect Orders
This is one of the landmark orders proposed by the government, originally announced last year. It is, in a sense, emblematic of the approach this government is taking with crime and policing. It is hoped that along with amendments to the Anti-social Behaviour, Crime and Policing Act 2014, that Respect Orders will complement the current toolkit.
They will also go through a trial period to test their efficacy; it is yet to be announced when and where this will be.
They are ‘new’ civil behavioural order to address persistent and/or highly disruptive ASB which can be used to prohibit wider variety of ASBs.
Many cast respect orders as being one in the same with Anti-social Behavioural Orders (ASBOs), however:
- Unlike the ASBO, Respect Orders are only available to those aged over 18.
- Carry a maximum two-year term.
- ASBOS could only contain negative prohibitions, and not positive requirements/ community orders, which Respect Orders can contain in order to tackle the underlying cause of the behaviour. These can include alcohol or drug awareness course, for example or unpaid work.
The breach of a respect order, without reasonable excuse, creates a criminal offence which is punishable either by fine, and/or a term of imprisonment of up to two years.
Order if the application concerns ASB which either directly or indirectly relates to their housing management.
These applications will need to be made to the County Court, or the High Court.
Prior to applying for a Respect Order, the application will need to have conducted a risk assessment, which is to include:
- The risk of any person caused harassment, alarm, or distress by the behaviour.
- The vulnerabilities of the respondent
- Any alternative means of preventing the ASB.
- Any other material matters
Youth Injunctions will still be available to those aged 10 to 18 years old. In addition, injunction orders under part 1 of the 2014 Act will be available to prevent persons aged
The SDS40 scheme during the labour government’s early tenure as a pilot release scheme for prisons was testament to the fact that prisons are at capacity. As a result of the crisis in prisons it could be assumed that certain sentences for breaches of an injunction, are unlikely to be handed down, unless markedly significant.
Fines, when issued by Court, are also largely never paid as perpetrators often than not, do not have the financial means. The community orders, therefore, may also function as some level of deterrent at the very least, if they do not fully tackle the causes of underlying behaviour. It is crucial that referral agencies are well funded in order to best tackle this issue and to give any form of positive requirements teeth.
Resolve is pleased, that with the introduction of the Respect Order, perpetrators of ASB could now be mandated to undertake positive rehabilitation, such as attending drug or alcohol treatment services, or an anger management course, to address the underlying cause(s) of their behaviour.
This means that it will not only challenge behaviour, but also address some of the root causes of anti-social behaviour.
Despite this, there is still a postcode lottery when it comes to supporting victims of anti-social behaviour, with funding for specialist victim support being provided at the discretion of the local Police and Crime Commissioner.
As such, there are many people who experience ASB on a daily basis who are still unable to access support. This is why we will continue to push for legislation that guarantees victims of persistent ASB access to specialist victim support, no matter where they live in the country.
Data
Data is a huge problem particularly when policymaking for central government, it is recognised from the government that ‘current data on ASB held by central government is limited’ which therefore constitutes a ‘gap in the national picture of the use of ASB powers.’ [2]
Clause 7 of the Bill introduces ASB reporting requirements. This creates a power for the Home Secretary which makes regulations requiring local bodies, such as councils and social housing providers, to report specified ASB data to the Home Office.
This aims to require local agencies to share ASB data with central government, strengthening information sharing across relevant agencies.
Resolve recognises that data is a huge concern, and this largely deters policy analysis as there is currently no national data on volumes of ASB reports made to non-police agencies such as local authorities, or social housing providers. This is why Resolve is calling for a national information sharing agreement.
Nuisance Vehicles
Nuisance vehicles are a huge problem in our communities, particularly our town centres and high streets. The government is intending to use this bill in order to tackle the use of e-bikes and other vehicles in ASB and other crime. It strengthens the law, so that these nuisance vehicles can be seized by police without needing to issue a warning. This ensure that enforcement action is not delayed, and there is therefore, effective action.
Closure Orders
There are a few provisions in the bill that seek to change the why closure orders operate. First, it is proposed that the timeframe is extended for which relevant agencies can apply to magistrates’ court for a closure order, from 48 hours after service of notice to 72 hours. The government’s view is that this will give agencies more time to progress an application for a closure order, which will therefore, protect the victim, and the community while an order is sought.
Powers that are vested in a senior police officer, or local authority, including the ability to cancel or vary a closure notice, will now be similarly entrusted in a registered social housing provider.
As of writing, only local authorities and police can issue closure notices. The power to issue closure notices will now also be extended to registered social housing providers, who as we are aware, are often on the frontline for any emerging ASB.
Cuckooing and Child Criminal Exploitation (CCE)
Cuckooing is described as controlling another’s home for criminal purposes. It is an exploitative practice, where a vulnerable person’s home is targeted and taken over for the purpose of illegal activity. [3]It is often associated with anti-social behaviour, and the exploitation by criminal gangs of these children inside properties. Cuckooing is often dealt with using a variety of current legislation; however, it is of the government’s view, that the existing legal framework does not reflect the harm caused to the victims and does not recognise the offence caused.
As a result, cuckooing is going to be made a standalone criminal offence. Yvette Cooper has confirmed the cuckooing offence will carry a maximum penalty of five years in prison, while the CCE offence will carry a maximum sentence of 10 years.
Cuckooing was one of the issues raised in our YouGov survey as a key issue affecting the public in their local area. It is positive that this is being tackled with the severity it deserves.
Other points not raised:
- Formulating a duty for Police and Crime Commissioners (PCCs) to promote awareness of the ASB Case Review in their police force area and provide a route for victims to question and scrutinise decisions.
- Requiring Local Policing Bodies (LPB) to consult relevant bodies and housing providers on LPB review procedures,
- Increasing the upper limit for a fixed penalty notice for breaches of a Public Space Protection Order (PSPO) or a Community Protection Notice (CPN) from £100 to £500. This is intended to function as a stronger deterrent and therefore reduce incidents of ASB.
- Powers that are currently available under the Community Safety Accreditation Scheme (CSAS) to allow CSAS officers to issue fixed penalty notice for breach of CPNs and PSPOs will be extended.
As the bill has now passed the second reading in the house of commons, it will now go on to the committee stage, where a public bill committee will help scrutinise the legislation. As apart of this, a call for evidence will be issued, in which stakeholders will be called upon to give evidence and opinion to help scrutiny.
We will be contributing on behalf of our members.
To register your interest, provide any provisional information in preparation for this call for evidence, or for any general queries regarding the Crime and Policing Bill, please contact:
Harrison Box, Policy Officer
The full Bill can be read here; Crime and Policing Bill
[1] Regulatory Triage Assessment: Crime and Policing Bill 2025. Available at: https://assets.publishing.service.gov.uk/media/67bda0c021d07694be8d7671/Crime_and_Policing_Bill_EN_1007__Taking_back_our_streets_.pdf.
[2] https://www.gov.uk/government/publications/crime-and-policing-bill-2025-factsheets/crime-and-policing-bill-antisocial-behaviour-asb-factsheet#how-are-we-going-to-do-it
[3] https://justiceandcare.org/policies-and-reports/cuckooing/