> What will Labour’s Crime and Policing Bill mean for you?

What will Labour’s Crime and Policing Bill mean for you?

03 Mar 2025

Housing, Local Government

In this article Kuljit Bhogal KC and Max Millington consider the proposals and what they mean for lawyers and practitioners dealing with anti-social behaviour, including cuckooing and certain conduct during protests.

Introduction

The Home Secretary Yvette Cooper presented the Crime and Policing Bill to Parliament on 25 February 2025 (Bill 187).[1] It comprises 137 clauses in 15 Parts and 17 Schedules over 332 pages.[2] The accompanying explanatory notes run to 168 pages (Bill 187-EN).[3] The wide-ranging purposes of the Bill, as articulated by the government across the explanatory notes, press notice[4] and overarching factsheet[5] are 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.

The Labour Party’s 2024 general election manifesto stated that a Labour government would crack down on anti-social behaviour (“ASB”). It argued that enforcement powers had been weakened, and promised to “fix this”, including by introducing so-called “respect orders”.[6] The proposed solutions to this issue are contained within Part 1 of the Bill. In addition to implementing Labour’s electoral commitments, the Bill also builds on measures contained within the Conservative’s Criminal Justice Bill that were supported by the government while Labour was in opposition, including the creation of a suite of new protest-related offences.

This article will provide a brief overview of those provisions of the Bill[1] relating to the introduction of:

  • respect orders;
  • youth injunctions and housing injunctions (contained within Part 1, Chapter 1 and Schedule 1);
  • the expansion of powers to tackle anti-social behaviour (in Part 1, Chapter 2 and Schedules 2 and 3);
  • the creation of the offence of “cuckooing” (in Part 4, Chapter 2 and Schedule 5);
  • and new public order offences (in Part 9 and Schedule 11).

Respect orders

Respect orders are described by the explanatory notes as “a new preventative civil order to address persistent and/or highly disruptive anti-social behaviour which can be used to prohibit a wide variety of anti-social behaviours”.[2] They are intended to partially replace the civil injunction provided for in Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014 (“the 2014 Act”) for persons aged 18 or over.[3] Respect orders are introduced by Clause 1 of the Bill which amends Part 1 of the 2014 Act by inserting Part A1 (sections A1 to N1) before provisions relating to existing civil injunctions. Breach of a respect order is made a criminal offence by section I1 enabling the police to enforce suspected breaches via arrest.

The key features of the proposed respect orders are that:

  • they may be sought in respect of persons aged 18 and over
  • they may be granted by the County Court or High Court (A1(7))
  • interim respect orders can be sought (F1)
  • without notice applications can be made (E1)
  • the test, which must be proved to the lower civil standard, the balance of probabilities, is that the respondent has engaged in, or threatens to engage in ASB; and that it is just and convenient to do so (A1(1)).
  • ASB is defined in section A1(9) as “conduct that has caused, or is likely to cause, harassment, alarm or distress” (this was the old ASBO test that had to be met to the higher criminal standard of proof for ASBOs)
  • they can include prohibition on behaviour and/or impose positive requirements aimed at addressing the underlying cause of that behaviour (for example, mandating attendance of alcohol awareness classes) (A1(2)).
  • they may have the effect of excluding the respondent from their home where the court considers the respondent has been violent or threatened violence to other persons, or if there is a significant risk of harm from the respondent to other persons (C1(3))
  • the police, a local authority or the relevant housing provider can apply.

Prior to making an application for a respect order, the relevant authority must carry out an assessment of the risks to victims or potential victims of the respondent’s ASB; any vulnerabilities of the respondent; any alternative means of preventing the ASB and any other relevant matters (a “risk assessment”) (J1). The explanatory notes state that “[t]his is to ensure that wider contextual factors are considered so that use of the respect order is proportionate and effective”.[4] The notes indicate that a court would balance the assessment of offender vulnerabilities with risk to the public and potential victims when considering whether to make a respect order, and what prohibitions or requirements to include. Section M1 provides that the Secretary of state may issue guidance to persons entitled to apply for respect orders. An applicant carrying out a risk assessment must have regard to any such guidance (J1(3)).

Readers who are familiar with the existing powers in the 2014 Act may be asking how the respect orders are any different to the section 1 injunction.  The key difference is that the breach of a respect order, without reasonable excuse, creates a criminal offence punishable by a fine and/or a term of imprisonment of up to two years. Unlike the old ASBO, respect orders are only available for those aged over 18. The Government states that “the Respect Order combines the flexibility of the civil injunction with the ‘teeth’ of the CBO to give local agencies a powerful new tool for tackling persistent ASB”[5].

Youth injunctions & housing injunctions

These “new” forms of injunction are introduced by Clause 2, which confines the power to grant injunctions under section 1 of the 2014 Act to persons aged 10 or over but under 18 (“youth injunctions”) (2(1)(a)), and provides for the granting of injunctions against persons aged 18 or over for the purpose of preventing them from engaging in the lower threshold of “certain conduct capable of causing nuisance or annoyance relating to the occupation or management of housing” (“housing injunctions”) (2(1)(b)). The explanatory notes highlight that these forms of injunction are in fact intended to operate in the same way as the existing civil injunctions under Part 1 of the 2014 Act.[6] Paragraph 15 of Schedule 1 of the Bill inserts section 13A into the 2014 Act, which makes similar provision to section J1 for respect orders in that it requires an applicant for a youth injunction or housing injunction to undertake a risk assessment and in doing so, to have regard to any guidance issued by the Secretary of State. An application for a youth injunction must be made to a youth court (Sch. 1, 1(9)); it cannot have effect for more than 12 months (Sch. 1, 1(7)); and it cannot exclude the respondent from their home (Sch. 1, 1(5)).

The explanatory notes for the Bill make clear that the effect of section A1(8) read with section 1A(9) of the 2014 Act (as inserted by paragraph 3 of Schedule 1) is that an application for a respect order may be treated as an application for a housing injunction and vice versa. A court dealing with an application for one is therefore able to grant the other if it is deemed more appropriate. The notes give the example of where a housing injunction is applied for, however, the court deems a respect order to be more appropriate, owing to the conduct meeting the threshold for “harassment, alarm or distress”.[7]

Enhancing powers available under the 2014 Act to target ASB

The Bill contains provisions under Chapter 2 of Part 1 which extend or enhance a variety of existing powers available to the police, local authorities and other agencies to counter ASB:

  • Clause 3 extends the maximum exclusion period for dispersal direction from 48 hours to 72 hours, with a mandatory review at 48 hours by the police (by amending section 35 of the 2014 Act). Unlike the proposals in the Conservative’s Criminal Justice bill (clause 75), the dispersal power is not extended to local authorities and the need for senior officer authorisation remains.
  • Clause 3 also extends the timeframe for which relevant agencies can apply for a closure notice from 48 hours to 72 hours (by amending section 77 of the 2014 Act).
  • Clause 4 increases the upper limit for Fixed Penalty Notices (“FPNs”) issued for breaches of Public Space Protection Orders (“PSPOs”) and Community Protection Notices (“CPNs”) from £100 to £500 by amending sections 52 and 68 of the 2014 Act. In doing so it adopts the proposals in clause 80 of the Conservative Criminal Justice Bill. It also extends the categories of person who may issue an FPN to include those accredited under the Community Safety Accreditation Scheme (“CSAS”) through amendment to Schedule 5 of the Police Reform Act 2002.
  • Clause 5 and Schedule 2 extend the power to issue closure notices and closure orders to registered housing providers in respect of premises which are being used, or are likely to be used, to commit nuisance or disorder. This is achieved through amendments to Chapter 3 of Part 4 of the 2014 Act to modify those powers vested in a senior police officer or local authority so that they are similarly vested in a registered social housing provider. This aspect of the bill reflects the proposals found in the clause 79 of the Conservative’s Criminal Justice Bill.
  • Clause 6 and Schedule 3 introduce detailed provisions as to the enhanced role of local policing bodies (“LPBs”) in ASB case reviews undertaken pursuant to Schedule 4 of the 2014 Act. These include imposing duties on LPBs to carry out a further review of a response to ASB beyond the ASB case review process (Clause 6(3)) and to promote awareness of opportunities to make applications for ASB case reviews in their police area and provide a route for victims to query decisions (6(5)(d)). These measures reflect what had been proposed in clause 81 of the Conservatives Criminal Justice Bill.
  • Clause 7 introduces new ASB reporting requirements by creating a power for the Home Secretary to make regulations requiring local bodies, such as councils and social housing providers, to report specified ASB data to the Home Office by inserting a new section 105A into the 2014 Act.
  • Clause 8 removes the requirement in section 59 of the Police Reform Act 2002 for the police to issue a warning before seizing a vehicle (such as off-road bikes, motorbikes and e-scooters) being used to cause ASB.
  • Clause 9 confers power on the Secretary of State to issue guidance to local authorities in England about their enforcement powers in respect of fly-tipping, which they are required to have regard to, by inserting new section 34CZA after section 34C in the Environmental Protection Act 1990.

Cuckooing

Readers may be aware existing closure order powers are regularly used to deal with cuckooing.  In many cases partial orders are sought to enable the victim of the behaviour to remain in occupation of their home.  The downside to obtaining a closure order is that there are no consequences for the person responsible for the cuckooing unless they breach the terms of a closure notice or a closure order or are charged with other criminal offences.

Clause 32 of thehe Bill makes it an offence to exercise control over another person’s dwelling without their consent for the purpose of enabling the dwelling to be used in connection with the commission of specified criminal activity (i.e. “cuckooing”).

The criminal offences constituting the specified criminal activity are detailed in Part 1 of Schedule 5 (in the case of England and Wales) and include types of offending that cuckooing is typically used to facilitate, for example, drugs offences, sexual offences and offensive weapons offences. The Secretary of State may amend Schedule 5 by regulations under clause 34. The government’s fact sheet accompanying the Bill explains that a person cannot consent to control of their dwelling if: they are under 18 years old; do not have capacity to give consent; have not been given sufficient information to enable them to make an informed decision; have not given consent freely; or have withdrawn their consent. The consent of an occupant may not freely be given where it is obtained by coercion, deception or other forms of abusive behaviour.[8] The maximum penalty for cuckooing on summary conviction in England and Wales is imprisonment for the general limit in the magistrates’ court (currently six months), or a fine, or both (clause 33(4)(a)), and on a conviction on indictment is imprisonment for a term not exceeding 5 years or a fine or both (33(4)(d)).

New protest-related offences

Part 9 (clauses 86 to 91 and Schedule 11) provide for new offences related to public order. These measures are adopted from those proposed by the Conservative Home Secretary under the previous government in response – it is said by the explanatory notes – to “policing challenges” arising from “regular protests following the events in Israel and Gaza on 7 October 2023” which “highlighted gaps in public order legislation, principally the Public Order Acts 1986 and 2023”.[9] The provisions are as follows:

  • Clauses 86 prohibits the wearing or otherwise using of an item that conceals a person’s identity when in a public area designated by police under the provisions of clause 87. The explanatory notes suggest that the reference to “otherwise using an item” is to ensure that the offence applies not only to coverings worn on a person’s face, but also other items, such as placards or masks held close to the face, which are used for the purpose of concealing identity.[10] A police officer of or above the rank of inspector may designate an area for the purposes of this offence for a period of 24-hours if he reasonably believes a protest is taking place or may take place in which offences are or are likely to be committed (87(1)). A designation may be extended for a further 24-hour period (87(3)). All reasonable steps must be taken to alert the public to the fact of the designation or its extension (87(2) and (4)) and the offence under clause 86 can only be committed within the 24-hour period of designation if these requirements are complied with (86(3) and (4)). It will be a defence if the defendant can prove on the balance of probabilities that the item was worn or otherwise used for a purpose relating to health, religious observance, or work. The offence is summary only and carries a maximum penalty of one month’s imprisonment, a level 3 fine (currently £1,000) or both (86(5)).
  • Clause 89 creates the offence of possession of pyrotechnics at protests. This offence is committed where a person has in their possession a pyrotechnic article when taking part in a protest, which can include a “one-person protest” within the meaning of section 14ZA(4) of the 1986 Act (clauses 89(1) and 91). It is a defence for a person to show that they had a reasonable excuse for having the article in their possession (89(3)) such as for work (89(4)) and no offence will be committed where the possession of the article is in connection with participation in a cultural or religious event in which pyrotechnics are customarily used (89(2)). If sufficient evidence is adduced to raise the defence, the prosecution must prove beyond reasonable doubt that it is not made out to secure a conviction (89(5)). A person who commits an offence under this clause would be liable on summary conviction to a fine not exceeding level 3 (89(6)).
  • Clause 90 creates an offence of climbing on a war memorial as specified in Schedule 11 (irrespective of whether or not this takes place during the course of a protest). It will be a defence for a person charged with this offence to prove that they had good reason for climbing on the memorial; owned the memorial; or had the consent of the owner or other lawful authority to climb on it (90(2)). A person who commits an offence under this clause would be liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 3 (or both) (90(5)).

The Bill does not adopt the Conservative’s proposals (found in clause 77 of the Criminal Justice Bill) to extend the power to issue a Community Protection Notice under s.43 of the 2014 Act to those aged 10 and over, the age limit will stay at 16. Nor does it adopt the proposal to extend the powers to make Public Spaces Protection Orders to the Police (found in clause 78 of the Conservative’s Criminal Justice Bill).

About the authors

Kuljit Bhogal KC is a specialist housing, property and public law barrister and is able to provide further advice on the implications of these proposals and the use of the powers in the Anti-Social Behaviour, Crime and Policing Act 2014. She is author of Cornerstone on Anti-Social Behaviour and can be contacted via her clerk, Dan Gatt.

Max Millington is a pupil barrister in his second seat at Cornerstone Barristers and will be accepting instructions from April of this year. Immediately prior to commencing pupillage, Max was the Judicial Assistant to Lord Justice Bean in the Court of Appeal. Before studying law, he qualified and worked as a social worker in child protection services.

[1] https://hansard.parliament.uk/commons/2025-02-25/debates/3EE7D7C3-ADDC-4182-A450-8601A753A82D/PointsOfOrder

[2] https://publications.parliament.uk/pa/bills/cbill/59-01/0187/240187.pdf

[3] https://publications.parliament.uk/pa/bills/cbill/59-01/0187/en/240187en.pdf (“Explanatory Notes”)

[4] https://www.gov.uk/government/collections/crime-and-policing-bill-2025

[5] https://www.gov.uk/government/publications/crime-and-policing-bill-2025-factsheets/crime-and-policing-bill-overarching-factsheet

[6] https://labour.org.uk/change/take-back-our-streets/#antisocial-behaviour

[1] As at 3 March 2025

[2] Explanatory notes, page 11

[3] Explanatory notes, page 51

[4] Explanatory notes, page 54, paragraph 233

[5] Crime and Policing Bill: Antisocial behaviour (ASB) factsheet,

[6] Explanatory notes, page 55, paragraph 239 https://www.gov.uk/government/publications/crime-and-policing-bill-2025-factsheets/crime-and-policing-bill-antisocial-behaviour-asb-factsheet

[7] Explanatory notes, page 52, paragraph 218

[8] https://www.gov.uk/government/publications/crime-and-policing-bill-2025-factsheets/crime-and-policing-bill-child-criminal-exploitation-and-cuckooing-factsheet

[9] Explanatory notes, page 30, paragraph 115

[10] Explanatory notes, page 115, paragraph 732

Related barristers

Kuljit Bhogal KC Kuljit Bhogal KC Silk: 2023 | Call: 1998