Written by: Zoe McDonald, PNLD Legal Adviser
Not reviewed after the date of publication - 25 November 2025
The Crime and Policing Bill 2024–25 is (at the time of writing) at the Committee Stage in the House of Lords. The Bill makes significant legislative changes across policing and criminal justice in areas including but not limited to anti-social behaviour, offences against persons and property, criminal exploitation, stalking and public order. It also makes substantive provision about the powers of the police and the border force, as well as measures relating to terrorism and national security.
Last month PNLD Legal Adviser Ruth Owen provided a summary of some of the interesting changes and offences introduced under the Bill, relevant to a policing context. The Bill has a very broad scope (in its current state containing 203 Clauses and 21 Schedules), the majority of which will be relevant and of interest to PNLD and its customers. As a result, we have decided to cover further provisions in the Bill as a follow-on article.
Legal Adviser Zoe McDonald provides an overview of other provisions not previously included, with an emphasis on offences and powers relating to anti-social behaviour and the protection of persons.
Anti-social behaviour
Part 1 (Clauses 1 to 11) makes provision for new orders which will provide the police, local authorities and other relevant agencies with new powers to tackle anti-social behaviour.
Respect orders
Clause 1 inserts new sections A1-N1 into the Anti-social Behaviour, Crime and Policing Act 2014 (“2014 Act”), conferring a power for a county court or High Court to make a respect order, on application from a relevant authority (including police, local authorities and registered housing providers), in respect of individuals who have engaged in anti-social behaviour ("ASB").
The respect order partially replaces the civil injunction (provided for in section 1 of the 2014 Act) for persons aged 18 or over. It will enable courts to prohibit adult offenders from engaging in activities relating to their ASB, as specified in the order. The court must be satisfied in respect of two tests: firstly, that on the balance of probabilities (the civil standard of proof), the respondent has engaged in, or threatens to engage in, ASB; and secondly that it is just and convenient to grant the respect order for the purpose of preventing ASB.
Respect orders can be used to tackle a wide range of ASB, where the behaviour is causing, or is likely to cause, harassment, alarm or distress.
Interestingly, under new section C1, the court may attach a power to exclude the respondent from their home when granting a respect order to a housing provider, local authority or the police. This can only be done if 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. In the case of a housing provider, exclusion can only relate to the property owned or managed by them but there is no such limitation in the case of the police or local authority.
Breach of a respect order will be a criminal offence, allowing the police to enforce suspected breaches via arrest.
Youth injunctions
Clause 2 amends the existing provisions of Part 1 of the 2014 Act so that the existing civil injunctions will instead be separated out into respect orders, housing injunctions or youth injunctions.
In relation to youths specifically (i.e. under 18’s) it provides that relevant authorities will be able to apply for a youth injunction for ASB perpetrators aged 10 to 17. For example, it can be used where a 16-year-old has been committing harassment and alarm to the public in their local park. A relevant authority is able to apply to a youth court for a youth injunction to prohibit such behaviour and impose requirements such as attending a drugs misuse course. If, despite this being granted, the respondent continues their behaviour, proceedings are then heard in the youth court where civil penalties are available (a supervision order or a civil detention order of up to three months for 14- to 17-year-olds).
Housing injunctions
Relevant authorities will be able to apply for a housing injunction for ASB perpetrators aged 18 or over committing housing related ASB that is causing nuisance or annoyance in the same way as with previous civil injunctions. For example, a housing provider can apply to the county court or the High Court for a housing injunction where one of its tenants is causing annoyance by repeatedly playing loud music. The relevant court can then issue a housing injunction to prohibit the playing of loud music. Breach of such an order would be heard in the relevant court where the available penalties are an unlimited fine or up to two years’ imprisonment for contempt of court.
Seizure of motor vehicles used in manner causing alarm, distress or annoyance
Clause 8 modifies the police powers to deal with the anti-social use of motor vehicles on public roads or off-road. Section 59 of the Police Reform Act 2002 provides the police with the power to remove vehicles that are being driven carelessly or inconsiderately on road or without authorisation off-road and in a manner causing, or likely to cause, alarm, distress or annoyance. Section 59(4) of the 2002 Act currently requires an officer to warn the person before seizing the vehicle, to enable its anti-social use to be stopped. By virtue of section 59(5) of the 2002 Act, the requirement to give prior warning does not apply where it is impracticable to do so or where a warning has previously been given.
Clause 8 repeals section 59(4) and (5) of the 2002 Act to remove the requirement to give a warning in all cases thereby enabling the police to remove motor vehicles being used in an anti-social manner more quickly and efficiently. The repeal does not have retrospective application.
Other provisions about anti-social behaviour
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Clause 3 amends section 35 of the 2014 Act by expanding the timeframe that a dispersal direction can be in place from 48 hours to 72 hours. It further extends the maximum duration of a closure notice under section 76 of the Act from 48 hours to 72 hours.
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Clause 4 increases the upper limit for Fixed Penalty Notices ("FPN") for breaches of PSPOs and CPNs from £100 to £500 and extends the categories of person who may issue an FPN.
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Clause 5 introduces Schedule 2 which enables registered social housing providers to issue a closure notice and apply for a closure order in respect of premises which are being used, or likely to be used, to commit nuisance or disorder.
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Clause 10 makes it an offence for a person to be a trespasser on any premises (meaning any building, part of a building or enclosed area) with the intention to commit an offence. The offence replaces the offence in section 4 of the Vagrancy Act 1824 of "being found in or upon any dwelling house, warehouse, coach-house, stable, or outhouse, or in any enclosed yard, garden, or area, for any unlawful purpose".
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Clause 11 makes it an offence for any person to arrange or facilitate another person’s begging, for gain. This makes it unlawful, for example, for persons to operate organised begging gangs or to drive individuals to places for them to beg.
Other provisions for the protection of persons
Dangerous cycling offences
Clause 106 of the Bill introduces amendments and new sections into the Road Traffic Act 1988 in relation to dangerous, careless or inconsiderate cycling. This creates four new offences and commensurate penalties, as follows:
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Section 27A provides that a person who causes the death of another person by riding a cycle dangerously on a road or other public place commits an offence.
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Section 27B(1) provides that a person who causes serious injury to another person by riding a cycle dangerously on a road or other public place commits an offence. New section 27B(2) defines ‘serious injury’, in England and Wales as physical harm that amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861.
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Section 28B provides that it is an offence for a person to cause the death of another person by riding a cycle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place.
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Section 28C provides that it is an offence for a person to cause serious injury to another person by riding a cycle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place. The same definition of ‘serious injury’ contained in new section 27B(2) is used.
To supplement the above new offences, clause 106 also amends section 28 of the 1998 Act so that the offence of dangerous cycling can now be committed in a public place, as well as on a road. Section 29 is also amended so that the offence of careless or inconsiderate cycling can be committed in a public place, as well as on a road.
A definition of dangerous cycling for the purpose of new sections 27A and 27B and the existing section 28 is provided by the addition of new section 28A into the 1998 Act. The definition provides that a person will be regarded as riding dangerously if it would be obvious to a competent and careful cyclist that riding the cycle in that way, or (under new section 28A(5)) riding the cycle in its current state, would be dangerous. In determining the state of the cycle, under subsection (5)(a) regard may be had as to whether the cycle is equipped and maintained in accordance with regulations made under section 81 of the 1988 Act. Additionally, regard may also be had to anything attached to or carried on the bicycle, and how it is attached or carried.
Encouraging or assisting serious self-harm
Clause 102 creates an offence of intentionally doing an act capable of encouraging or assisting the serious self-harm of another person by any means, including through direct assistance, such as giving a person a blade with which to self-harm. Unlike the offence in section 184 of the Online Safety Act 2023, which it replaces, it is not limited to encouraging or assisting serious self-harm by means of verbal or electronic communications, publications or correspondence.
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"Act" includes any conduct except conduct consisting only of one or more omissions (and a reference to the doing of an act is to be read accordingly). The definition of "act" is intended to cover a series of acts, as well as a combination of acts and omissions, but not only an omission or series of omissions on the part of the defendant.
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"Encouraging" the serious self-harm of a person includes doing so by putting pressure on a person to self-harm (whether by threatening them or otherwise).
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"Serious self-harm" of a person occurs where their conduct results in self-harm to them that is grievous bodily harm (within the meaning of the Offences Against the Person Act 1861).
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A person’s conduct may be a single act, a series of acts, ongoing omissions, or a combination of acts and omissions. For example, a person may cause themselves serious self-harm by alternately purging and starving themselves of food during a period of time.
Clause 103 makes supplementary provision to this offence.
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Subsection (1) provides that a person who arranges for someone else to do an act capable of encouraging or assisting the serious self-harm of another person will also be committing an offence if the other person does that act.
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Subsection (2) has the effect that an act can be capable of encouraging or assisting serious self-harm – and therefore an offence may be committed - even if the circumstances are such that it was impossible for the act to be carried out. An act is therefore treated as capable of encouraging or assisting serious self-harm if it would have been so capable had the facts been as the defendant believed them to be at the time of the act (for example, where a person gives harmless pills to another person in the belief that they will assist the other person to seriously self-harm).
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Subsection (3) provides that an internet service provider does not commit the offence merely for providing a means through which others can send, transmit or publish content that is capable of encouraging or assisting the serious self-harm of a person.
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Subsection (6) excepts the offence of encouraging or assisting serious self-harm from the defence in section 45 of the Modern Slavery Act 2015 which provides for a defence for slavery or trafficking victims. The defence is intended to provide further encouragement to victims to come forward and give evidence without fear of being convicted for offences connected to their slavery or trafficking situation. The defence does not apply in the case of certain serious offences as specified in Schedule 4 to the 2015 Act.
Threatening, abusive or insulting behaviour offences committed towards emergency workers
Clause 107 creates a new offence in relation to emergency workers (“E”). It is similar to offences in section 31 of the Crime and Disorder Act 1998 (racially or religiously aggravated offences under sections 4 and 4A of the Public Order Act 1986), but unlike those offences can be committed in dwellings. A person ("D") commits an offence if four conditions, as set out in subsections (2) to (6), are all met. Those conditions are:
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D uses towards E threatening, abusive or insulting words or behaviour, or displays or gives to E any writing, sign or other visible representation which is threatening, abusive or insulting.
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D either intends the words etc to be threatening, abusive or insulting, or is aware that they may be threatening, abusive or insulting.
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D’s relevant conduct (that is, the conduct that meets condition 1) is racially or religiously hostile towards the emergency worker.
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D has engaged in their relevant conduct intending that E believes, or is likely to believe, that unlawful violence would be used against them by D or another person, or intending to and causing E harassment, alarm or distress.
Clause 108 creates a further new offence in relation to emergency workers. A person ("D") commits an offence if three conditions, as set out in subsections (2) to (5), are all met. Those conditions are:
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D uses threatening or abusive words or behaviour, or displays any writing, sign or other visible representation which is threatening or abusive within the hearing or sight of E such that it is likely to cause E harassment, alarm or distress.
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D either intends the words etc to be threatening or abusive or is aware that they may be threatening or abusive.
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D’s relevant conduct (that is, the conduct that meets condition 1) is racially or religiously hostile towards E.
Two defences are provided. First, that D had no reason to believe that E was in earshot or sight of the conduct who was likely to be caused harassment, alarm or distress. Second, that D’s conduct was reasonable. These defences impose a reverse burden of proof on a defendant, namely that the offence is made out unless they adduce sufficient evidence to establish that an emergency worker was not in hearing or sight of the conduct or their conduct was reasonable. Having brought forward sufficient evidence, then it falls to the prosecution to satisfy the jury or justices, beyond reasonable doubt, that the evidence put forward does not establish the defence.
The definition of an emergency worker for the purposes of the above sections is the same as in section 3 of the Assaults on Emergency Workers (Offences) Act 2018 (Clause 109).
Conduct is racially or religiously hostile if, at the time of that conduct, or immediately before or after that time, D demonstrates towards E hostility based on E’s membership (or presumed membership) of a racial or religious group, or D’s conduct is motivated (wholly or partly) by hostility towards members of a racial or religious group based on their membership of that group (Clause 109).
A person is liable for one or other of the offences notwithstanding that their conduct is the result of intoxication (whether by drugs, alcohol or otherwise) save if they can show that the intoxication was not self-induced (for example, because their drink was spiked) or was caused by the effect of drugs taken in the course of their medical treatment.
Conclusion
The Bill also contains changes to investigative powers which are beyond the scope of this article. For example-
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New provisions relating to warrants concerning electronically tracked stolen goods
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Additional powers to extract online information on electronic devices
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New powers to intercept information relating to online accounts
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Amendments to sampling and related detention powers under PACE
Further information about these provisions may be found in the Bill itself or the Explanatory Notes.
As the Bill is currently still in draft, it should be noted that the provisions discussed in this article may change, in content or placement, as the Bill moves through the House of Lords. It is anticipated that the provisions discussed will be subject to staggered commencement.
As the changes and offences are brought into force, relevant summaries will be added to the PNLD front page. The progress of the Bill can be monitored via: Crime and Policing Bill - Parliamentary Bills
The following factsheets may also be of interest: Crime and Policing Bill 2025: factsheets
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