5th Report - Legislative Scrutiny: Crime and Policing Bill

Select Committee

Human Rights (Joint Committee) HC 830 14 July 2025

Report Status Government responded

Conclusions & Recommendations 25 items (6 recs)

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Recommendations

6 results

6

Measures designed to tackle anti-social behaviour affect the rights of victims and those accused of...

Recommendation

Measures designed to tackle anti-social behaviour affect the rights of victims and those accused of anti-social behaviour. To ensure these rights are properly protected it is important that the impact and efficacy of these measures are properly understood. We agree … Read more

Ministry of Justice

7

We welcome the fact that the Bill provides for more data on ASB and responses...

Recommendation

We welcome the fact that the Bill provides for more data on ASB and responses to it be shared with the Secretary of State. The Government should go further, however, and now comply with the Victims’ Commissioner’s request to carry … Read more

Ministry of Justice

10

As part of the review we have proposed into the use of respect orders and...

Recommendation

As part of the review we have proposed into the use of respect orders and their compliance with human rights standards, the Government should keep both the test for imposing a respect order and the standard of proof under careful … Read more

Ministry of Justice

13

The Government should conduct an urgent review of the use of community protection notices and...

Recommendation

The Government should conduct an urgent review of the use of community protection notices and public spaces protection orders, and particularly the use of fixed penalty notices for breach, to determine their efficacy and whether they are being applied and … Read more

Ministry of Justice

15

We recommend that the Government should conduct post-legislative review of the impact of this Bill,...

Recommendation

We recommend that the Government should conduct post-legislative review of the impact of this Bill, the Public Order Act 2023 and the public order elements of the Police, Crime, Sentencing and Courts Act 2022 on the exercise of the right … Read more

Ministry of Justice

24

The Government must keep under review the efficacy of the mandatory reporting duty once it...

Recommendation

The Government must keep under review the efficacy of the mandatory reporting duty once it is in place, with a view to expanding its scope if necessary. The Government should also reconsider the consequence of failing to comply with the … Read more

Ministry of Justice

Conclusions (19) Observations and findings — click to expand

1 Conclusion

We recognise that anti-social behaviour can blight communities, with the most serious and persistent cases undermining well-being, causing intimidation and distress and preventing the full expression and enjoyment of individual rights. We also recognise that those accused of anti-social behaviour, and those found to have engaged in it, also have …

2 Conclusion

The broad definition of anti-social behaviour encompasses a wide range of unacceptable behaviour. While it may be well-established and understood by some authorities, its breadth and subjectivity allows for inconsistency in its application and risks sweeping up less serious matters along with behaviour that demands a legal response. This can …

3 Conclusion

It is important that measures designed to tackle ASB work to protect victims and do not unjustifiably affect the vulnerable. Respect orders would reintroduce criminal offence as a punishment for breach. It is not, however, clear why they would work more effectively than existing measures or the ASBOs that preceded …

4 Conclusion

Particularly given the emphasis witnesses placed on anti-social behaviour largely being carried out by adults, we welcome the decision to exclude children from the scope of respect orders. However, the youth injunction 55 targeted at under 18s would simply replicate the existing regime. It is unclear whether this would effectively …

5 Conclusion

We also welcome a focus on rehabilitative requirements within respect orders, but note that such requirements are already available under existing measures. From evidence we have received it does not appear they have been used effectively to address anti-social behaviour. Respect orders must be backed up with the resources necessary …

8 Conclusion

The respect order resurrects the direct criminal consequences of the ASBO while retaining the lesser procedural protections of the anti-social behaviour injunction. While it is important that anti-social behaviour is addressed, this should not come at the cost of procedural fairness. An unfair process inevitably risks respect orders being imposed …

9 Conclusion

Taking into account the proceedings as a whole, we have concerns about their compliance with principles of procedural fairness and Article 6 ECHR (the right to a fair trial). This is particularly the case given that respect orders would be available where anti-social behaviour, or even just the threat of …

11 Conclusion

Broad prohibitions and requirements can be imposed under Community Protection Notices, which bind individuals, and under Public Spaces Protection Orders, which bind the general public. Their imposition receives limited scrutiny unless they are legally challenged. If their breach is punished by way of fixed penalty notice, handed out by authorised …

12 Conclusion

While deterring individuals from engaging in anti-social behaviour is obviously valuable, it is not clear that an increase in the fines that can be imposed by way of FPN will have such an effect. Furthermore, the lack of oversight leaves open the risk that fines up to £500 may be …

14 Conclusion

This is the third piece of primary legislation changing the law on public order on which the JCHR has reported in less than five years. Given the importance of free expression and free assembly to a healthy democracy, the Joint Committee on Human Rights is concerned by the volume of …

16 Conclusion

We agree that the police should be able to take action against individuals using masks to intimidate others and to evade arrest. However, there may be legitimate reasons for actions that conceal identity at a protest. It is important that the law does not disproportionately interfere with human rights, including …

17 Conclusion

Under the Bill, the power to designate an area within which it would be a criminal offence to conceal one’s identity depends on the police having a reasonable belief that a public procession or assembly “which constitutes a protest” is taking or may take place. There is no definition of …

18 Conclusion

To improve accessibility and foreseeability, the Bill should be amended to include a definition of “protest” or alternatively the need for the procession or assembly to constitute a protest should be removed. Removing this requirement would, however, widen the reach of the offence and should be accompanied by further changes …

19 Conclusion

We recognise that the wearing of masks at protests can be intimidating, and that concealing identity can be used as a method of evading criminal responsibility. Nevertheless, the law must provide adequate protection against the unjustified criminalisation of peaceful protesters. (Conclusion, Paragraph 132)

20 Conclusion

To achieve this, steps should be taken to provide additional safeguards for Convention rights: a. The Bill should be amended so that the police can only designate an area within which it would be a criminal offence to conceal one’s identity if they reasonably believe that offences involving violence or …

21 Conclusion

We recognise that protests have the potential to intimidate and interfere with the right to manifest one’s religion through worship. However, the right to protest peacefully must also be respected. We agree with evidence we 58 received that it is important that the right balance is struck between these rights, …

22 Conclusion

To help ensure the right balance is struck between the right to protest and the rights of people to worship without intimidation, the Bill should be amended so that the police can impose conditions when they reasonably believe that an assembly or procession “would intimidate persons of reasonable firmness” rather …

23 Conclusion

We welcome the introduction of mandatory reporting of child sexual abuse, which represents an important step forward for protection of children’s human rights. However, we are concerned that the scope of the duty and particularly the consequences of breach may not do enough to provide effective protection against child sexual …

25 Conclusion

We repeat our call for barriers to the exercise of universal jurisdiction to be removed, and our proposed amendment to the Bill to achieve this appears in the Annex to this report. (Recommendation, Paragraph 167) 59