Police, Crime, Sentencing and Courts Bill completes passage through parliament

What happened during scrutiny of the draft law?

The bill was considered by the House of Lords between 14 September 2021 and 25 January 2022, before passing between the House of Commons and House of Lords for consideration of each House's amendments. 

Consideration of Commons amendments day three:

Members of the Lords considered the Commons response to Lords amendments (changes) to the bill for a third time.

Lords divisions

Some members disagreed with Commons reasons for not accepting Lords amendments. There were three divisions (votes), but none were passed, so the Lords amendments will not stand as part of the bill:

• removing the noise provision from marches and one-person protests
• conditions on public assemblies
• removing the noise provision from public assemblies

Catch up

• Read the text of proposed changes (PDF)
• Catch up on Parliament TV
• Read the Lords Hansard transcript

Consideration of Commons amendments day two: Thursday 31 March

Members of the Lords considered Commons reasons for disagreeing to Lords amendments (changes) to the bill for a second time.

Government change agreed following Lords members' concerns

Following concerns previously raised by Lords members, the House agreed to government changes giving the Food Standards Agency Police and Criminal Evidence Act powers.  

Members also agreed to a compromise on tackling crimes motivated by a victim's sex or gender. The government has committed to respond to a Law Commission report on the subject within 12 months of the bill becoming law.

Lords divisions

There were two divisions (votes) on the proposed amendments to the bill.

Noise levels

The first vote was on Lords amendments 73, 74B, 74C, 74D, 74E, 74F, 74G and 87 regarding noise levels generated at protests, which the Commons had disagreed to.The Lords insisted that proposals for noise level triggers should be removed in full.

Members voted 177 in favour of the amendment and 138 against, so the amendments was retained.

Public assemblies

The second vote was on amendment 80, which aims to remove a Commons clause insert a new clause on conditions on public assemblies.

Members voted 163 in favour of the amendment and 151 against, so the alternative change was made.

Catch up

• Read the text of proposed changes (PDF)
• Catch up on Parliament TV
• Read the Lords Hansard transcript

Consideration of Commons amendments day one: Tuesday 22 March

Members of the Lords considered Commons reasons for disagreeing to Lords amendments (changes) to the bill.

Lords divisions

There were four divisions (votes) on the proposed amendments to the bill.

Food Standards Agency

The first vote was on Lords amendment 58, which applies the Police and Criminal Evidence Act 1984 to the National Food Crime Unit of the Food Standards Agency (FSA).

The Commons disagreed to this amendment on the grounds it is premature to confer new search and seizure powers on the FSA until accountability arrangements have been determined.

Members voted 181 in favour of the amendment and 157 against, so the amendment was retained.

Gender-motivated offences

The second vote was on Lords amendment 72, which criminalises offences motivated by hostility towards the sex or gender of the victim.

The Commons disagreed with this amendment on the grounds that the Law Commission has identified adding sex or gender to the bill could prove detrimental to efforts to tackle violence against women and girls.

Members proposed an alternative (amendment 72B), which criminalises intimidation or harassment aggravated by hostility towards a victim's sex or gender.

Members voted 198 in favour and 155 against, so the alternative change was made.

Public processions

The third vote was on Lords amendments 73, 74 and 87.

Amendment 73 removed police powers to dispel public processions in cases where the noise generated may result in serious disruption, while amendment 74 clarified occasions when dispelling of procession was reasonable.

The Commons disagreed with these amendments on the grounds that it is appropriate for the police to attach conditions to a public procession where the noise generated may result in serious disruption to persons and organisations in the vicinity.

Amendment 87 removed a similar clause relating to noise generated by a single individual. The Commons disagreed with the removal of the clause and proposed additional amendments regarding noise generated during a one-person protest.

Members voted 208 and 166 against, so original Lords amendments 73 and 87 were retained, while amendment 74 was retained with alterations as 74B.

Public Order Act 1986

The final vote was on amendment 56, which removed a clause that revised the Public Order Act 1986 to include new powers relating to public processions.

The Commons disagreed with the removal of the clause.

Members of the Lords voted on retaining the amendment and on the addition of new wording regarding the imposition of conditions on public assemblies.

190 voted in favour and 175 against, so the amendment was retained and the new wording agreed.

Commons changes accepted

The House of Lords accepted Commons disagreements or alterations to Lords amendments in relation to:

• duties on police workforce
• obstruction of access to the Parliamentary Estate
• wilful obstruction of a highway
• local authorities establishing and maintaining a secure 16-19 Academy
• sex for rental accommodation
• fast-track public space protection orders
• spiking of drinks or by needles
• repeal of the Vagrancy Act 1824 
• serious violence reduction orders.

Catch up

• Read the text of Commons reasons (PDF)
• Catch up on Parliament TV (part one and part two)
• Read the Lords Hansard transcript (part one and part two)

Third reading: Tuesday 25 January

Third reading is a chance for members to ‘tidy up' a bill, making any small changes to ensure it is effective.

Proposed changes

Members speaking put forward changes (PDF) (amendments) to the bill to be discussed. 

Imprisonment for public protection

Members agreed to insert a new clause relating to imprisonment for public protection.

The clause puts into law a review process for offenders who have been released on licence for at least a decade after a sentence of imprisonment for public protection to have their licence conditions ended.

Members also discussed the progress of the bill through the House at the conclusion of Lords stages.

Catch up

• Watch a recording on Parliament TV
• Read the Lords Hansard transcript

Report stage round up

Report stage took place over six days and included 33 votes. 

The Lords asks government to think again 

Over the course of report stage, the House of Lords asked the government to think again on a number of changes including:  

• placing conditions on protests because of noise levels  
• making ‘locking on’ a new offence  
• powers to stop and search without suspicion of an offence 
• providing a maximum sentence for publishing the identity of a sexual offences complainant.  

Government changes agreed 

The House of Lords also agreed to changes put forward by the government including those campaigned for by members during committee stage. 

• expanding pardons for abolished same-sex offences  
• online hate offences being included in football banning orders 
• new offences for recording breastfeeding without consent 
• extending the time limit for bringing domestic abuse prosecutions. 

It was also agreed to implement ‘Harpers Law’ which requires a life sentence for the manslaughter of an emergency worker 

Additional changes 

Members also agreed a number of other changes to the bill including: 

• a review into drink and needle spiking 
• introducing a new sex for rental accommodation offence  
• removing police powers to impose conditions on protests and public assemblies 

Report stage day 6: Monday 17 January

On the final day of report stage, the House of Lords asked the government to think again on fourteen amendments (changes) to the bill in a series of votes (divisions).

Amendments were split between changes put forward by members of the Lords and those proposed by the government.

Changes agreed by members include:

• requiring a review into the prevalence and criminal justice system response to spiking
• requiring a duty of candour for the police
• recording of crimes motivated by hostility towards the victim’s sex or gender
• removing police powers to impose conditions on protests and public assemblies
• permission for vehicle obstructions outside parliament
• prison term limits for offences relating to highway obstruction
• repeal of the Vagrancy Act 1824.

Goverment proposals rejected by members include:

• creation of 'locking on' offences
  
  
• criminalising obstructions of major transport works and interference with operation of key national infrastructure
  
  
• police powers to stop and search with or without suspicion of an offence
  
  
• creation of serious disruption prevention orders.

Catch up

• Catch up on Parliament TV - part one and part two
• Read the Lords Hansard transcript

Report stage day five: Wednesday 12 January

Lords divisions

There were three divisions (votes) on proposed changes to the bill.

Sex-for-rental accommodation

The first vote was on amendment 104E, which would introduce a new offence of requiring or accepting sexual relations as a condition of accommodation.

Members voted 206 in favour and 176 against, so the change was made.

Fast-track public space protection orders

The second vote was on amendment 104FE,  which seeks to allow fast-track public spaces protection orders, which can come into effect immediately, to be made for schools and vaccination centres.

Members voted 157 in favour and 145 against, so the change was made.

Search and seizure powers

The third vote was amendment 109A, which gives the National Food Crime Unit of the Food Standards Agency (NFCU) the power of search and seizure rather than having to obtain powers through the police.

Members voted 32 in favour and 20 against, so the change was made.

Catch up

• Catch up on Parliament TV
• Read the Lord Hansard transcript

Report stage day four: Monday 10 January

Lords influence recognised for proposed government changes

Ahead of report stage continuing on Monday 10 January, the government put forward changes to the draft law that incorporate some of members' earlier proposed changes.

These included expanding pardons for abolished same-sex offences and making photographing breastfeeding in public without permission an offence. They also included expanding the types of offence that may trigger a football banning order to include offences relating to race, religion or certain online hate offences.

Lords divisions

There were also six divisions (votes) on proposed changes to the bill.

16-19 Academies

The first vote was on amendment 90A, which enables local authorities to run 16-19 Academies, either alone or with other organisations.

Members voted 198 in favour and 163 against, so the change was made.

Serious Violence Reduction Orders (SVRO's)

The second vote was on amendment 95A, which prevents the SVRO scheme being introduced throughout the country until after the government has provided Parliament with the results of the pilot scheme and both Houses have approved its rollout.

Members voted 215 in favour and 177 against, so the change was made.

Women’s Justice Board

The third vote was amentment 97, which sought to enter a new clause into the bill for the establishment of a Women's Justice Board.

The wording of the clause would follow closely that used to establish a Youth Justice Board in the Crime and Disorder Act 1998.

Members voted 99 in favour and 169 against, so the change was not made.

Criminal trial locations

The fourth vote was on amendment 97CA, which would prevent a criminal trial proceeding with the jury (or members of the jury) in a different physical location to the judge, witnesses or counsel.

Members voted 50 in favour and 122 against, so the change was not made.

Sarah Everard

The fifth vote sought to postpone Lords consideration of amendment 102 until the next day of report stage on 12 January.

Members voted against this, and so the final vote was on 102 itself, which sought to convert the existing Home Office inquiry into the matters arising from the death of Sarah Everard into a statutory inquiry under the Inquiries Act 2005.

Members voted 33 in favour and 90 against, so the change was not made.

Members also considered changes relating to:

• management of offenders
• rehabilitation of offenders
• procedure in courts and tribunals.

Catch up on Parliament TV (part one and part two) or read the Lord Hansard transcript (part one and part two).

Report stage day three: Wednesday 15 December

On day three of report stage, members debated proposed amendments to the bill on subjects including:

• introducing a minimum sentence of seven years for rape

• adding attacks on those providing a public service, performing a public duty, or providing services, goods or facilities to the public, to the sentencing code

• considering the impact of a custodial sentence on the dependent child, when sentencing a primary carer of a child

• raising the age of criminal responsibility from 10 to 12.

There were four divisions (votes) on proposed amendments to the bill.

Simple cautions

The first vote was amendment 66C, which sought to retain the use of 'simple cautions' in a section of the new law where diversionary or community cautions given to an over-18 year old who admits their offence are abolished.

Members voted 154 in favour and 165 against, so the change was not made.

Exceptional circumstances

The second vote was on amendment 71, which:

• removed the requirement for the circumstances to be considered 'exceptional' before a judge declines the minimum sentence for offences of threatening with weapon or bladed article
  
  
• entitles the judge to do so where such a sentence would be contrary to the interests of justice.

Members voted 90 in favour and 158 against, so the change was not made.

Sexual offences complainant

The third vote was on amendment 78B, which sought to provide a maximum sentence for publishing the identity of a sexual offences complainant.

Members voted 149 in favour and 149 against.

In accordance with Standing Order 55, which provided that no proposal to amend a Bill in the form in which it is before the House, shall be agreed to unless there is a majority in favour of such amendment, the change was not made.

Dependent children

The final vote was on amendment 85, which requires a judge to have a copy of a pre-sentence report considering the impact of a custodial sentence on a dependent child when their primary carer is being sentenced.

Members voted 30 in favour and 70 against, so the change was not made.

Catch up on Parliament TV (part one and part two) or read the transcript in Lords Hansard (part one and part two).

Report stage day two: Monday 13 December

Proposed changes

On day two of report stage, members debated proposed amendments to the bill on subjects including:

• data protection legislation

• requiring local authorities to develop strategies relating to domestic abuse and sexual offences 

• extracting information from electronic devices 

• maximum sentences for causing death by dangerous driving and causing death by careless driving when under the influence of drink or drugs 

• including pedicabs within scope of the offence of causing serious injury by careless, or inconsiderate, driving.

There were four divisions (votes) on proposed amendments to the bill.

Serious violence duty

The first vote was on amendment 35, which sought to remove provisions enabling the Secretary of State to give directions to require compliance with the serious violence duty.

Members voted 83 in favour and 183 against, so the change was not made.

Caravan pitches

The second vote was on amendment 55ZB, which ensures that land occupiers, a representive or a constable, can only make a request that those dwelling in caravans must leave the land and/or remove their property, on the conditions that:

• the local authority has confirmed there is a suitable pitch for caravans and other vehicles and property on a relevant caravan site
  or
• within 48 hours of their receiving notice of the dweller's presence on the land, a suitable pitch will become available within a negotiated stopping site in the local authority’s area.

Members voted 171 in favour and 171 against.

In accordance with Standing Order 55, which provided that no proposal to amend a Bill in the form in which it is before the House, shall be agreed to unless there is a majority in favour of such amendment, the change was not made.

Unauthorised encampments

The third vote was on amendment 55B, which sought to remove clause 63 from the bill on offences relating to residing on land without consent in or with a vehicle.

Members voted 71 in favour and 167 against, so the change was not made.

Alcohol limits

The final vote was on amendment 61, which aimed to change the limit alcohol drivers may consume under the Road Traffic Act 1988.

Members voted 18 in favour and 105 against, so the change was not made.

Find out more about the issues discussed: catch up on Parliament TV (part one and part two) or read the Lords Hansard transcript (part one and part two).

Report stage day one: Wednesday 8 December

Proposed changes 

Members put forward changes (PDF)(amendments) to consider at report stage. 

The amendments cover a range of subjects, including:

• sentences relating to assaults on emergency workers
• the impact of custodial sentences on a child when sentencing a primary carer of a dependent child
  
• making it an offence to photograph or video breastfeeding without consent
  
• increasing police powers in relation to protests.  

Members speaking discussed subjects from the amendment list and voted on two changes to the bill.

Emergency workers

The first was on a change (amendment 1) to require a life sentence for the manslaughter of an emergency worker. This amendment has been referred to as 'Harper’s law'.

Members voted 211 in favour and 82 against, so the change was made.

Personal data sharing

The second vote was on a change (amendment 11) which ensures that disclosure of information by one public body to another does not contravene data protection legislation.

Members voted 88 in favour and 103 against, so the change was not made.

Catch up on Parliament TV (part one and part two) or read a Lords Hansard transcript (part one and part two).

Committee stage day eleven: Wednesday 24 November

Proposed changes

Members put forward changes (PDF) (amendments) to consider on a range of subjects, including:

• police powers relating to protests
  
  
• early identification of and intervention on stalking
  
  
• adding online racial abuse towards footballers to the list of offences that can result in football banning orders.

Catch up on Parliament TV or read a transcript in Lords Hansard.

Committee stage day ten: Monday 22 November

Proposed changes

Members put forward changes (PDF) (amendments) to consider on a range of subjects, including:

• creating specific offences for street harassment and kerb crawling
  
  
• allowing a minister of religion entry to a crime scene in order to perform religious rituals or prayer
  
  
• ensuring that the police record the sex registered at birth and acquired gender, if appropriate, of victims and those arrested for a crime. 

Catch up on Parliament TV (part one and part two) or read a transcript in Lords Hansard (part one and part two).

Committee stage day nine: Wednesday 17 November

Proposed changes

Members put forward changes (PDF) (amendments) to consider on a range of subjects, including:

• increasing the maximum sentence for assault and harassment on retail workers
• education and training for offenders
• Serious Violence Reduction Orders (SVRO's) relating to knife crime
• rehabilitation of offenders addicted to drugs or alcohol.

Catch up on Parliament TV or read a transcript in Lords Hansard.

Committee stage day eight: Monday 15 November

Proposed changes

Members put forward changes (PDF) (amendments) to consider on a range of subjects including:

• the arrangements for the resettlement and supervision of prisoners serving sentences of Imprisonment for Public Protection (IPP)
  
  
• maternity services in prisons
  
  
• the impact of a custodial sentence on the dependent child, when sentencing a primary carer of a child
  
  
• amending the Gender Recognition Act 2004 regarding those suspected or convicted of violent or sexual offences.  

Find out about all the issues members discussed: catch up on Parliament TV (part one and part two) or read the transcripts in Lords Hansard (part one and part two).

Committee stage day seven: Wednesday 10 November

Proposed changes

Members put forward changes (PDF) (amendments) to consider on a range of subjects including:

• compensation for victims of crime
• tariff reviews for those who commit an offence while under the age of 18.   

Catch up on Parliament TV (part one and part two) or read a transcript in Lords Hansard (part one and part two).

Committee stage day six: Monday 8 November

Proposed changes

Members put forward changes (PDF) (amendments) to consider. They discussed penalties for causing death or serious injury by:

• dangerous or careless driving
• driving when under the influence of drink or drugs.

Catch up on Parliament TV (part one and part two) or read a Lords Hansard transcript (part one and part two).

Committee stage day five: Wednesday 3 November

Proposed changes

Members put forward changes (PDF) (amendments) to consider at committee stage. They discussed:

• criminal trespassing
• the deployment of drones and other new surveillance and weapons technology.

Catch up on Parliament TV (part one and part two) or read a transcript in Lords Hansard (part one and part two).

Committee stage day four: Monday 1 November

Proposed changes

Members put forward changes (PDF) (amendments) to consider at committee stage.

Sarah Everard

Following Sarah Everard’s abduction, rape and murder, members discussed a change to prevent a lone arresting officer to require a person subject to arrest to enter a vehicle or premises other than a police station.

Members also discussed changes on:  

• personal data relating to hate crimes
• bail for primary carers
• pre-charge bail and post-charge detention of children
• positions of trust offences
• proportionality of the penalties for criminal damage to memorials. 

Catch up on Parliament TV (part one and part two) or read a transcript in Lords Hansard (part one and part two).

Committee stage day three: Wednesday 27 October

Proposed changes 

Members put forward changes (PDF) (amendments) to consider at committee stage and discussed the issues they raised.

Topics on the agenda for discussion included:

• covering domestic and sexual violence within the definition of serious violent crime
• the role of electronic communication in the exploitation of young people. 

Catch up on Parliament TV (part one and part two) or read a transcript in Lords Hansard (part one and part two).

Committee stage day two: Monday 25 October

Proposed changes 

Members put forward changes (PDF) (amendments) to consider at committee stage and discussed:

• the disclosure of data and information to the police in doctor-patient confidentiality and with local authorities
  
  
• including housing authorities in the bill as key partners in protecting young people against gang violence
  
  
• local authorities implementing crime prevention strategies in consultation with community stakeholders including young people's groups and NHS bodies. 

Catch up on Parliament TV (part one and part two) or read a Lords Hansard transcript (part one and part two).

Committee stage day one: Wednesday 20 October

Proposed changes 

Members speaking on day one of committee stage put forward changes (PDF) (amendments) to be considered.

Members discussed changes on a range of subjects including:

• the mental health of the police workforce
• standards by which police driving is to be judged
• tackling the criminal exploitation of children.

Find out about all the issues members discussed: catch up on Parliament TV (part one and part two) or read a transcript in House of Lords Hansard (part one and part two).

Second reading: Tuesday 14 September

Members debated the main areas of the bill at second reading, including:

• police powers
• extraction of information from mobile phones
• domestic homicide sentencing
• prison sentences for mothers
• assaults on emergency and retial workers.

Some members also raised their concern about the size of the bill and the extensive use of delegated powers. 

Find out more about the issues discussed: catch up on Parliament TV . A transcript of the debate is available in Lords Hansard. 

About the bill

The Police, Crime, Sentencing and Courts Bill aims to make wide-ranging changes across the criminal justice system in areas including police powers, judicial procedures and offender rehabilitation.

Explore more

• explore further information on the bill
• consideration of Commons amendments
• third reading summary
• report stage summary
• daily round up of report stage
• daily round up of committee stage
• second reading summary

Further information

Read House of Lords committee reports on the bill:

• Constitution Committee
• Delegated Powers and Regulatory Reform Committee

Read background information on the bill in the House of Lords Library briefing.

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