Lords Recast Crime Bill: Tougher Closures, End 'Non-Crime' Records
High-Level Summary
The House of Lords held oral questions on the UK space economy, Sustainable Farming Incentive support for small farms, and UK–EU digital regulation, then continued Report stage on the Crime and Policing Bill with several divisions and government concessions. Peers also questioned ministers on Iranian state‑sponsored cyber threats and received a Defence Statement on UK actions in the Middle East. Notable votes extended closure powers for problem premises and abolished non‑crime hate incident recording; a bid to create a presumption against prosecuting armed police was defeated. The Government introduced a notification regime for serious child‑cruelty offenders and committed to consult on reforms to criminal records disclosure.
Detailed Summary
UK Space Economy – Oral Question
Baroness Lloyd of Effra said the space economy is a top priority, citing “a £2.8 billion investment over the spending review for the UK Space Agency” and a £1.7 billion ESA commitment. On debris, she said the UK is strengthening surveillance and mitigation and noted “further announcements today on this important issue of space debris removal”. She highlighted international legal work via the UN Committee on the Peaceful Uses of Outer Space. On assured access to space, she said, “I announced a further £20 million of investment over the spending review to accelerate launch from Scotland”, and framed priorities as “economic growth and national security”. Outcome: not stated in the transcript.
Sustainable Farming Incentive (SFI): Small Farms – Oral Question
Baroness Hayman of Ullock defined small farms for SFI 2026 as “at least three hectares and no more than 50 hectares of agricultural land,” with priority in June applications. She said payments should go to “people who are farming and supporting the food production that our country so badly needs”, confirmed “there is a cap of £100,000” for the first SFI26 tranche, and that “there will be another tranche in September” open to all farms. Outcome: not stated in the transcript.
EU Digital Services Act and UK co‑operation – Oral Question
Baroness Lloyd of Effra said the UK “regularly engage[s] with the EU on digital policy,” alongside the UK’s Online Safety Act, and confirmed a new UK‑EU “digital dialogue”. On competition, she said the CMA has new powers and the Government would “align action with international jurisdictions, including the EU”. Ofcom “and the EU have an agreement and talk frequently about regulatory co‑operation”. Outcome: not stated in the transcript.
Iranian State‑sponsored Cyber Attacks – Oral Question
Baroness Anderson of Stoke‑on‑Trent said the NCSC is closely monitoring events and has “issued an alert, urging all organisations… to remain vigilant”. She called for a “whole‑society approach” and said a cyber action plan will be published in spring and a cyber security and resilience Bill is in the Commons. On the IRGC, she said proscription powers target non‑state bodies but the Government will pursue “a proscription-like power for states and state-linked bodies”. Outcome: not stated in the transcript.
Pension Schemes: Ministerial Powers – Private Notice Question
Baroness Sherlock said the Pension Schemes Bill contains a reserve power on asset allocation as a “backstop to the voluntary commitments” under the Mansion House Accord and that the Government “do not currently expect to use this power”. Responding to concerns about trustee discretion, she said the power “does not direct schemes into specific assets or projects” and trustees retain discretion. She argued that a modest allocation to private assets can improve saver returns: “The aim is to get better returns for savers”. Outcome: no change announced.
Approval of Statutory Instruments
Without division, the House approved: Procurement Act 2023 (Specified International Agreements and Saving Provision) (Amendment) Regulations 2026; Goods Vehicles (Testing, Drivers’ Hours and Tachographs etc.) (Amendment) Regulations 2026; Industrial Training Levy (Construction Industry Training Board) Order 2026; Electricity and Gas (Energy Company Obligation) (Amendment) (Specified Period) Order 2026; Employment Rights Act 2025 (Investigatory Powers) (Consequential Amendments) Regulations 2026; Human Medicines (Amendment) Regulations 2026.
Crime and Policing Bill (Report, Day 5): Abnormal loads police escort fees (Amendment 384)
Peers sought a consistent, cost‑recovery‑only framework for police escort fees for abnormal loads. Lord Katz pointed to National Police Chiefs’ Council (NPCC) guidance and cautioned that statutory rules could reduce local flexibility, but said “the Government will write to the NPCC… to remind forces of the need to follow the guidance”. Asked to rule out profit‑making, he replied this “is about making sure that this is covering costs”. Outcome: the amendment was withdrawn after ministerial assurances. Next steps: NPCC review due 12 months after its 2025 guidance (May); ministerial letter to NPCC.
Crime and Policing Bill: Face coverings while cycling (Amendment 385) and exit‑vehicle power (Amendment 386)
Amendment 385 to allow police to stop cyclists wearing identity‑concealing face coverings was debated; concerns about breadth and proportionality led to withdrawal without a vote. Amendment 386 to allow officers to direct occupants to exit stopped vehicles was not moved after the Government pointed to a Department for Transport consultation on related measures (closing 11 May). Outcome: no changes; DfT to respond to consultation.
Crime and Policing Bill: Closure powers for problem premises (Amendment 387A)
Baroness Buscombe argued for stronger tools against illicit high‑street activity, proposing to extend closure notices to seven days and closure orders up to 12 months. The Government preferred a shorter extension in the Bill and warned of empty premises. Outcome: Amendment agreed on division, Ayes 215, Noes 180. Next steps: incorporated into the Bill.
Crime and Policing Bill: Abolition of non‑crime hate incidents (Amendment 387B)
Lord Young of Acton urged support for ending the recording of non‑crime hate incidents, and cited prior support in Committee that it was “a necessary check on the expansion of the surveillance state”. Outcome: Amendment agreed on division, Ayes 227, Noes 221. Next steps: category to be removed via the Bill provision.
Crime and Policing Bill: Public interest compensation orders (Amendments 387C/387D)
Baroness D’Souza proposed allowing courts to direct confiscated assets to public‑interest bodies (e.g., for victims of sanctions offences), saying “it seems just and fair that the victims… should in fact receive that money”. The Government preferred international compensation mechanisms (e.g., use of interest on Russian sovereign assets), saying these would have greater impact. Outcome: Amendments withdrawn.
Crime and Policing Bill: Child‑cruelty offender notification regime (Government Amendments 388A–388D; new Schedule)
The Government introduced a notification regime for specified serious child‑cruelty offences, with reviews and enforcement powers. Lord Katz said it creates “a clear and robust regime for managing those who have committed appalling child cruelty offences”. The House agreed the provisions, including a new Schedule listing qualifying offences. Next steps: regulations to set detailed operation; implementation aligned with the MAPPS system.
Crime and Policing Bill: Criminal records disclosure review (Amendment 390A)
Baroness Sater sought a statutory review of the criminal records regime. The Government instead committed to consult on childhood criminal records and “publish a consultation… by the end of the year”. Outcome: Amendment withdrawn. Next steps: consultation to be published.
Crime and Policing Bill: Misconduct reinvestigation after acquittal (Amendment 391) and delays (Amendment 392)
Amendment 391 barred the IOPC from reinvestigating an officer for the same conduct after court acquittal unless there is “substantial new evidence,” addressing concerns about “triple jeopardy”. The Government argued criminal and disciplinary processes differ and a blanket bar would be wrong. Outcome: Amendment agreed on division, Ayes 163, Noes 153. A separate amendment to scrutinise misconduct delays after 12 months was not moved. Next steps: incorporated into the Bill.
Crime and Policing Bill: Misconduct self‑defence test (Amendment 393A)
Baroness O’Loan sought to codify the Supreme Court’s W80 test (honest and reasonable mistake) in misconduct. The Government said they will “change the legal test for the use of force in police misconduct cases from the civil to the criminal law test,” via secondary legislation, coming into force in spring 2026. Outcome: No amendment; change to follow in regulations.
Statement: Middle East – Defence
Ministers outlined UK defensive deployments and the legal basis for action. The Defence Secretary’s Statement emphasised collective defence and legality: “Our UK action is grounded… to protect British people, protect British bases and protect British allies”. In Lords exchanges, the Minister cited a Commons Defence Committee briefing that Members were “satisfied that the UK’s decision making and preparedness… were grounded in a coherent logic”. He reaffirmed the legal basis as collective self‑defence, noting UK permissions for US use of RAF Fairford and Diego Garcia “relate to stockpiles and launch sites”. On initial US‑Israeli strikes, he said the UK “did not think it was correct” to participate offensively. Outcome/next steps: ongoing deployments; further evacuations and liaison with regional partners.
Crime and Policing Bill (continued): Suspension of chief constables (Amendment 393)
Baroness Doocey proposed requiring consultation with HMICFRS and higher thresholds before suspending a chief constable. The Government agreed in principle via their White Paper: “introducing a requirement… to seek views from His Majesty’s Chief Inspector of Constabulary before taking any action to suspend the Chief Constable”. Outcome: Amendment withdrawn; Government to legislate in the forthcoming police reform package.
Crime and Policing Bill: Armed police anonymity (Amendments 393B–393F) and prosecutions (Amendment 394)
The Government defended a presumption of anonymity for firearms officers until conviction, citing risks and recruitment concerns, saying firearms officers face “very real and specific risks” and that a presumption should apply. Lord Pannick’s alternative—judicial discretion without a presumption—was withdrawn. A proposal to create a presumption against prosecuting armed officers was defeated, Ayes 44, Noes 153; Ministers warned it would create “a two-tier approach to prosecutions”.
Crime and Policing Bill: AI transparency, data and equality duty (Amendments 400, 401, 402)
On AI tools, the Government said they will establish “a national registry of police AI deployments… operated by the new national centre for AI and policing”. On sex/ethnicity data, they support consistency and said Government Statistical Service harmonised standards are “scheduled for publication in the autumn”. A proposal to exempt police from the public sector equality duty was withdrawn after Ministers affirmed support for the duty: “the public sector equality duty is one that this Government fully support”. Outcomes: amendments withdrawn; registry and data standards forthcoming.
Crime and Policing Bill: Digital evidence in child death investigations (Govt Amendment 429A et al.; Amendment 404)
Government amendments will require coroners to secure rapid preservation of relevant online data in child death cases (age five and over), with limited exceptions. The Minister said they “require speedy data preservation in every case involving the death of a child aged five or above”. Baroness Kidron welcomed progress but raised concerns over the breadth of an exception and an initial six‑month retention period. Outcome: Government amendments agreed; further discussions offered with campaigners.
Crime and Policing Bill: Police suicide and mental health reporting (Amendment 408)
Lord Bailey sought mandatory national reporting on police suicides and attempts. The Government cited confidentiality and that much of the information would be “clinical, confidential, medical data” unsuitable for statutory sharing, while pointing to existing wellbeing support and ongoing work. Outcome: Amendment withdrawn.
Crime and Policing Bill: Wales – Policing and Youth Justice Devolution (Amendments 409A/409B)
Amendments to devolve policing and youth justice to Wales were withdrawn after debate. The Government maintained the current “single integrated England and Wales criminal justice system”, but confirmed imminent reviews on force numbers and governance following PCC abolition, with engagement with Welsh institutions. On youth justice, they said consideration of devolution is under way per the manifesto but gave no timetable.
Crime and Policing Bill: Police enforcement data, paperwork and disclosure (Amendments 409D–409F)
Baroness Neville‑Rolfe pressed for annual enforcement data, a paperwork review, and simplified CPS disclosure. The Government pointed to a forthcoming police performance dashboard and repeated Police Activity Surveys, with results due “in the next few months”. On disclosure redaction, a CPS regional pilot aims to reduce unnecessary sharing and refocus efforts. Outcome: Amendments withdrawn after offer of a ministerial meeting.