Crime and Policing Bill

Written evidence submitted by Justice and Care to the House of Commons Committee on the Crime and Policing Bill (CPB61)

1. About us

1.1. Justice and Care is a charity that joins forces to end modern slavery. We work with police and others to help identify victims, empower them to walk free and support them to rebuild their lives. We also work to bring justice to the criminal networks responsible and use our front-line experience and expertise to create large-scale, replicable change; partnering with governments and key stakeholders to strengthen the anti-slavery fight. We have direct work in the UK, Romania and Bangladesh and work with around 150 partners worldwide.

1.2. Our Policy and Advocacy Team aims to ensure strong political focus and leadership on the issue of modern slavery in the UK. Taking the experience of survivors of exploitation, learning from our own frontline work and that of other organisations we advocate for policy and legislation change that helps keep individuals and communities safe, puts survivors first and helps bring exploiters to justice.

2. Summary

· We understand the motivation for the child criminal exploitation offence. However, we have concerns that it may entrench incorrect perceptions about whether adults can be victims of criminal exploitation. Guidance connected to the offence must ensure that the offence does not create confusion and still enables children who are victims of modern slavery to be referred to the NRM and to receive specialist services.

· We welcome the introduction of the cuckooing offence. We recommend guidance (and possibly the text) is used to clarify how it will be determined that a victim has not consented to the use of their property by the offender.

3. Clause 17: Child criminal exploitation

3.1. Our research has found:

§ Criminal exploitation is the most common type of modern slavery occurring in the UK. Two thirds of all potential victims of modern slavery referred to the NRM for exploitation in the UK between October 2019 and December 2024 reported criminal exploitation (alone or combined with other forms of modern slavery) 26,292 people in total. [1] In 2023, 49% of all potential victims referred to the NRM for exploitation in the UK reported criminal exploitation alone (more still alongside other forms of modern slavery) and 28% of all victims in the NRM. [2]

§ The majority of these victims are British (64%) and/or young people aged 17 or under when they were exploited. More specifically British boys aged 17 or under made up 45% of all criminal exploitation victims in the UK. However, our research found that adults are also victims of criminal exploitation.

§ Factors such as substance misuse, family circumstances, learning disabilities, school exclusion or financial deprivation put people at greater risk as criminals use them to coerce their victims.

§ Technology such as online gaming, social media and online banking have also provided new ways to recruit, groom and control victims. [3]

§ Exploitation leads to devastating impacts for victims. They can experience severe trauma and physical injuries; they may become homeless or have their education disrupted. At its worst, victims go unrecognised and end up with criminal convictions, pulled deeper into serious offending.

§ There is also a ripple effect spreading the harm to families, neighbours and wider communities. Younger siblings are drawn into exploitation, families are threatened and held responsible for drug debt. Exploitation allows organised crime and drug use to flourish, strains local resources and ultimately creates more victims – those whose lives are blighted by the crimes committed under exploitation.

3.2. We welcome the government’s intention to address the exploitation of children. Although criminal exploitation can be prosecuted under the human trafficking offence in the Modern Slavery Act our research has revealed a persistent lack of understanding of both the nature of criminal exploitation and the applicability of the Modern Slavery Act including among police officers. [4] It appears that modern slavery offences are not being consistently investigated or charged in such cases. We recognise the government’s desire to provide clarity through this new offence.

3.3. However, the proposed offence raises a number of questions:

3.3.1. Exclusion of adult victims of criminal exploitation.

The NRM data also shows that adults are victims of criminal exploitation as well as children. We welcome the addition of the offence of cuckooing in this Bill but criminal exploitation of adults is not limited to cuckooing. As noted above our research has shown that understanding and use of the Modern Slavery Act to prosecute criminal exploitation is inconsistent. We also have concerns that the criminal exploitation of some adult victims may fall through gaps in the existing definition which is predicated on threats, force and deception, physical or mental disability or family relationship with the exploiter. For example, it is unclear if cases involving grooming or where the victim is vulnerable due to substance misuse would be included.

A wider approach is needed to address the exploitation of adults as well as children. We recommend that section 3 of the Modern Slavery Act 2023 which provides a definition of ‘exploitation’ for the purpose of the human trafficking offence in section 2 should be amended to include a specific definition of criminal exploitation.

3.3.2. Risk for young adults, possibly where exploitation began as children or care leavers

We have concerns that a criminal offence of ‘child criminal exploitation’ alone may risk entrenching patterns we learned about in our research: Younger children are more readily identified as victims of exploitation and that once someone nears or turns 18 they are less likely to be seen as a victim of exploitation. In this case they are then held fully criminally responsible.

We are concerned that a specific offence of child exploitation determined only by the age of the young person excludes young adults whose exploitation may have begun at a younger age but who are not encountered by the authorities until their late teens. In our research we also heard that care leavers can be particularly vulnerable to exploitation.

Clause 17 will not be available to prosecute the offenders exploiting these young adults and also risks creating the impression that these young adults are not victims of exploitation. They may even be prosecuted for the exploitation of children if they are involved as part of a wider hierarchy following the exclusion of this offence from the statutory defence under s45 of the Modern Slavery Act by amendment 10.

In addition to amending the Modern Slavery Act to include criminal exploitation we recommend that guidance for police and CPS on implementing clause 17 should explain that exploitation of young people can continue after they turn 18 and also that for some the moment of transition from child services to adult services can be a moment of additional vulnerability. This should be taken into account when deciding whether to prosecute and the focus should be on bringing to justice offenders at the top of the hierarchy with responsibility for directing and controlling exploitation.

The exclusion of the statutory defence also highlights the importance of support services and referral pathways to safeguard young people who are victims of criminal exploitation to divert them from continued involvement in criminal activity and prevent them turning from victim into perpetrator as they grow up.

3.3.3. Prosecution of adults with cognitive impairment who are exploited

Research by the University of Nottingham Rights Lab and University of Birmingham which examined Safeguarding Adults Reviews (serious case reviews) identified that adults with cognitive impairment may be seen as perpetrators when they are part of a wider network of criminality. [5]

One such example is that of Lee Irving (his real name, released with the family’s consent) a young man from Newcastle who was murdered in 2015 at the age of 24, is notable.   At 18 years old Lee was described as ‘a very vulnerable young man who could not ignore people who are distracting him, naïve in social situations, easily influenced by others and unable to identify other people’s motivations and intentions’.  From 2012 he became involved in the justice system and was often reported missing, associating with ‘friends’ who exploited him.  He was arrested 30 times in 4 years but treated as an adult who had full understanding of his decisions by the Police and Probation Service, despite the fact that assessments revealed that he had a significant intellectual disability.  In addition to being pulled into crime he was being financially exploited and abused by those living with him and controlled through alcohol and drugs.  Notably the serious case review report says that ‘The behaviour of Lee was perhaps interpreted by some professionals as consistent with his choice of an antisocial and criminal lifestyle. Whilst not held by all agencies this interpretation meant that his criminal conduct was not always considered as a symptom of his disability, increasing vulnerability or the exploitation that he was subject to.’

The new offence will not be available to prosecute the exploiters of these vulnerable adults. Moreover, following amendment number 10 to exclude access to the statutory defence under section 45 of the Modern Slavery Act, these vulnerable adults could be charged with the new CCE offence if they are groomed or compelled to direct a child to engage in criminal activity.

We recommend that guidance for the CPS and the police on implementing this legislation should ensure they consider whether a cognitive impairment or other vulnerability and/or exploitation is a factor in the involvement of the vulnerable adult when making decisions about whether and whom to prosecute.

3.3.4. Interaction with the wider modern slavery system

There is a risk that this new offence adds to current confusion about whether victims of child criminal exploitation is ‘modern slavery’ and interaction with the wider system.

Children who are victims of criminal exploitation can and should continue to be referred to the National Referral Mechanism for modern slavery. It is important that our national strategic approach to modern slavery continues to recognise that victims of the new offence are none the less victims of modern slavery and should be recorded as such and entitled to access all the relevant support and protections. A decision under the NRM is not connected to there being a criminal investigation or what offences are being investigated and charged, and this should remain the case with child victims of criminal exploitation.

Children who are victims of child criminal exploitation should not be prosecuted for crimes they have committed as a result of that exploitation. Section 45 of the Modern Slavery Act provides a statutory defence and a decision by the NRM is often a key factor in determining someone’s eligibility for the defence.

The Independent Child Trafficking Guardian (ICTG) service (in the areas it operates before the national roll out is completed) gives victims access to specialist support or, if they have parents or guardians in the UK, specialist advice to the other professionals caring for them.

Finally, the offences under the Modern Slavery Act have higher maximum sentences (life imprisonment) than the offence in clause 17. Where the necessary evidence is available Modern Slavery Act offences should still be prosecuted. This new offence should enable prosecution of more offenders and not result in the same number of offenders being prosecuted and receiving lesser sentences.

We recommend that guidance and training produced in connection with this offence should take steps to mitigate any confusion about the interaction with the wider modern slavery system.

It should make clear that victims of this new offence should still be referred to the NRM and the ICTG service and that they have access to the statutory defence under section 45 of the Modern Slavery Act. It should also make clear that where possible Modern Slavery Act offences should still be charged and prosecuted.

4. Clause 32: Cuckooing

4.1. We welcome clause 32 which creates an offence of cuckooing where someone exercises control over the dwelling of another person without their consent for the purpose of the dwelling being used in connection with a specified criminal offence (listed in Schedule 5).

4.2. It will now be possible to hold offenders to account for the fear and abuse they inflict on others in their own home and the maximum sentence of five years recognises that cuckooing does serious harm to victims. We are pleased to see that the offence is being extended across the whole of the UK not just England and Wales.

4.3. Victims of cuckooing are often vulnerable. Some have drug, alcohol, physical and mental health problems, others are elderly or have learning difficulties or other disabilities which make them ‘easy targets.’ [6] Criminals take advantage of this vulnerability to befriend or coerce the victim, inveigling their way into their home – eventually taking over and using it to store or deal drugs, or as a location for prostitution or other criminal activity.

4.4. Offenders can be violent or threatening to victims, they may control victims’ behaviour and even limit their use of their own home. [7] One survivor supported by Justice and Care said "It’s scary, your house is taken over, you don’t know who’s knocking on your door. People coming to your door every two minutes looking for them. They’re threatening people in your home, threatening me in my home. It totally takes over your life." Another told ITN News about her experience saying, "I spoke a couple of times out of turn, I got burnt with cigarettes on my arms, he cut my tongue." [8]

4.5. Neighbours experience serious disruption, anti-social behaviour and intimidation. People may be constantly coming and going from the property and hanging around outside acting in a threatening manner. Litter and drug related items are left around the property, and noise creates a lot of disturbance for others living nearby. [9]

4.6. Cuckooing is a growing problem affecting communities across the country. Comprehensive data on the number of cuckooing victims is not available as there is no systematic approach to recording these cases. This new offence will enable cuckooing to be included in recorded crime statistics giving better data about the scale of the problem.

4.7. An indication of the likely scale of the problem is the report that 1,284 cuckooed addresses were visited during just one week of national intensive police enforcement action on ‘county lines’ drug dealing in March 2024. [10] Polling for our Slavery at Home report in 2022 found one in eight people had seen signs of cuckooing in their community. [11] Data collected from councils in London show an increase in recorded instances of cuckooing from 79 in 2018 to 316 in 2022. [12]

4.8. This new offence is needed because cuckooing is not currently a criminal offence. We have heard compelling frontline evidence from police that the CPS is regularly refusing to charge cuckooing offenders under the Modern Slavery Act 2015, and the Director of Public Prosecutions has confirmed that it does not fit the definition under the Act unless the victim is also exploited to perform some additional ‘labour’. [13]

4.9. Prosecuting cuckooing offenders for other offences fails to recognise in law the harm done to the victim and offenders’ criminal records lack the warning signs of exploitation that could protect others.

4.10. Victims are also not recognised. There continue to be reports of vulnerable individuals, even acknowledged victims of cuckooing, who are themselves convicted for allowing criminal activity to take place in their homes. [14]

4.11. The law must recognise that this is not a crime about property it is a crime about people – vulnerable people being bullied and controlled in their own homes.

4.12. Police officers have told us that commonly civil closure orders are used, but this civil approach fails to recognise this exploitation as a crime at all and just displaces offenders who move on to new victims.

4.13. Police officers we have spoken to have said that they would welcome a new offence of cuckooing to be able to tackle this type of modern slavery and exploitation head on. Almost four in five of the people we polled in 2022 for our Slavery at Home report (78 per cent) agreed that cuckooing should be a criminal offence. [15]

5. Clause 33: interpretation of the cuckooing offence

5.1. Consent

5.1.1. The offence in clause 32 is framed through the absence of consent. Clause 33(5) states:

For the purposes of section 32(1)(c), B consents to A exercising control for the purpose mentioned in section 32(1)(b) only if-

(a) B is aged 18 or over,

(b) B has capacity to give consent to the exercise of control for that purpose,

(c) B is given sufficient information to enable B to make an informed decision about whether to consent,

(d) B gives consent freely, and

(e) the consent is not withdrawn.

5.1.2. Cuckooing offenders often use coercion, grooming and manipulation to access and maintain control over people’s homes and someone may be afraid of the potential consequence if they say no or ask their abusers to leave. Others may not recognise themselves as a victim despite the application of manipulation or threat by those who have taken over their home. [16]

5.1.3. Research by the University of Nottingham Rights Lab and University of Birmingham has indicated that there can be many personal, social and wider contextual pressures influencing consent, such as loneliness or isolation, illness, substance abuse or fear of homelessness. [17]

5.1.4. Their research has also identified that when social workers or other agencies conduct capacity assessments under the Mental Capacity Act 2005 the assessments are often treated as the key factor in determining whether the individual has made a ‘free’ choice. The evidence shows that that when it is determined a person has ‘capacity’, support services frequently disengage, despite there being other safeguarding pathways available.

5.1.5. Researchers from the Rights Lab told us "We interviewed ‘Gabriel’, who experienced cuckooing and financial exploitation, after being groomed through a social media app.  Gabriel told us that he had autism but was living independently.  The grooming started during a period of intense loneliness after the death of his mother; grief and feeling isolated were key factors in his use of social media and subsequent exploitation.  Despite having his home taken over, being subject to exploitation for almost two years, losing £10,000 and having his credit score ‘ruined’ the police said they ‘couldn’t do anything about it’, although he has subsequently been supported to find safer accommodation by a third-sector organisation."

5.1.6. We have outstanding questions about how consent will be determined particularly in respect of capacity, the ‘free’ giving of consent and the withdrawal of consent given these additional vulnerabilities and known pressures on victims.

5.1.7. We recommend that further nuance could be provided through the definition of consent in the text for example adding circumstances where it will be presumed that the resident has not consented and through accompanying guidance about the ways in which individuals can be coerced.

5.2. Targeting all offenders

5.2.1. It is important the new offence will enable police to target those who are directing and orchestrating the cuckooing as well as those physically occupying the victim’s home.

5.2.2. It is our interpretation of the definition of exercising control over the dwelling set out in clause 33(4) (below) does allow the offence to be charged in those cases.

The circumstances in which A exercises control over B’s dwelling include circumstances where A exercises control (whether temporarily or permanently) over any of the following-

(a) who is able to enter, leave, occupy or otherwise use the dwelling or part of the dwelling;

(b) the delivery of things to, or the collection of things from, the dwelling;

(c) the way in which, or the purposes for which, the dwelling or part of the dwelling is used;

(d) the ability of B to use the dwelling or part of the dwelling for B’s own purposes

5.2.3. In some cases, those involved in the cuckooing a property are themselves being exploited to do so for example young people exploited in county lines drug dealing (and connected to the separate offence of child criminal exploitation introduced by clause 17). This is one of the reasons it is essential the cuckooing offence can reach beyond those physically present in the property.

5.2.4. Section 45 of the Modern Slavery Act 2015 provides a statutory defence for criminal suspects who are compelled to commit crime as a result of their exploitation. Where the crime committed is cuckooing, that defence will be available to victims of modern slavery. It will be essential to ensure guidance on the new offence ensures that section 45 is available where appropriate.

April 2025.