UK Parliament / Open data

Police and Criminal Evidence Act 1984 (Codes of Practice) (Revision of Code A) Order 2022

That is no problem at all. I will do my best to clarify that by the end of this speech, but as I understand it, it is all constables, which I assume includes those who do not necessarily wear a uniform.

Regarding the territorial extent of the pilot and why we are piloting in these force areas and not larger ones, where the prevalence of serious violence is higher, all four forces that will pilot SVROs are in the 20 areas most affected by serious violence across England and Wales. They accounted for 80% of all hospital admissions for injury with a sharp object, with each individually accounting for 2% or more of admissions, rounded to the nearest percentage point. The West Midlands has the third-highest rate of knife crime in England and Wales, and Merseyside the sixth-highest. The pilot will allow us to build an understanding of the impact and effectiveness of the new orders before deciding whether they should be rolled out nationally to other force areas. I hope that answers the question.

I have heard what the noble Lord, Lord Paddick, had to say on this topic; however, stop and search powers are not enforceable across England and Wales. As the noble Lord, Lord Hogan-Howe, noted, individuals subject to SVROs could simply operate outside the pilot areas. The Government held a statutory consultation on the revised code. This issue was discussed at length with key stakeholders, who strongly supported allowing the use of stop and search powers by police constables both within and outside the police force areas. In answer to the question asked by the noble Lord, Lord Paddick, about the Police Federation, it is a member of the PACE board and as such was invited to provide a response. Whether it did, I do not know. Like the proposed approach to SVROs, knife crime prevention orders, which have been referred to, are being piloted in the Metropolitan Police area and can only be issued in that force area. However, the orders are also enforceable across England and Wales.

I stress that this is only a pilot, but we are revising the PACE codes because they outline the fundamental principles of fair and responsible stop and search. We want to ensure that officers have clear guidance on the use of the new powers in the SVRO pilot, including through PACE codes of practice. The search power can only be used against persons who are subject to an SVRO. An individual can be issued with an SVRO only if they are over 18 and have been convicted of an offence involving a bladed article or an offensive weapon, and if the court considers it necessary to make the SVRO to protect the public from the risk of harm involving an offensive weapon or bladed article, or to prevent the offender from further offending involving an offensive weapon or bladed article. Therefore, while the police do not require reasonable grounds for suspicion, it is not an unrestricted stop and search power. The code of practice is clear that the use of the power must not be based on prejudice. The use of the power is discretionary, and officers will be expected to use their judgment when choosing to conduct searches.

The noble Lord, Lord Paddick, asked how, if individuals are not legally required to give their identity when stopped by the police, officers will identify those subject to an SVRO. The police will have obtained the offender’s details at the notification stage of an SVRO—there is the requirement for an individual subject of an SVRO to notify the police of their name and address—and they should ensure that any stop and search under the power is targeted at offenders that have a SVRO only. In most cases, it is expected that offenders subject to an SVRO will be known to the police and officers will be able to identify the offender before conducting a search. Where an officer is unsure of an offender’s identity, they should seek to confirm that offender’s identity and whether they have an SVRO before using the stop and search power. It is an offence for an offender to tell a police constable that they are not subject to an SVRO if they are.

The Government fully support the police in the fair use of stop and search to crack down on violent crime and protect communities. The code of practice is one of many safeguards in place to ensure the fair and proportionate use of SVROs. Others include statutory guidance for the police on the use of the power, which we have laid in draft before Parliament, body-worn video, and extensive data collection. Stop and searches carried out using the SVRO power will be subject to the usual internal and external scrutiny panels to ensure that forces are continually reviewing and learning from officer stop and searches.

The noble Lord, Lord Coaker, and my noble friend Lord Moylan asked about the evaluation of the pilot. We of course recognise the need for transparency in how the orders are used, and clear and robust monitoring to reassure communities that the orders are being used appropriately and effectively. The Government are piloting SVROs to build an understanding of their impact before deciding whether they should be rolled out nationally. By definition, that implies that if they do not work and we do not get sufficient data, they will not be continued with.

We have appointed an independent evaluator, Ecorys, to carefully gather the data necessary to assess the impact of these orders. We will lay a report on the outcome of the pilot in Parliament. It is expected in late 2025 and will include an initial assessment of the impact of SVROs on the reoffending rates of offenders in respect of whom such orders have been made; include information about the exercise by constables of the powers; provide an assessment of the impact on offenders of being subject to an SVRO; and assess the impact of SVROs on people with protected characteristics within the meaning of the Equality Act 2010. We are also working with the SVRO working group and the National Police Chiefs’ Council to ensure that all forces are aware of the draft statutory guidance on SVROs and the revised PACE Code A.

The noble Lord, Lord Paddick, asked me about training. I do not think it is for me to discuss operational matters particularly, but the training is being worked on by the College of Policing. It will be interactive e-learning training and will ensure that officers in pilot areas understand the new civil orders, their responsibilities and the stop and search powers being provided. This learning platform will test officer knowledge, including when it would or would not be appropriate to use the powers.

To sum up, we do not accept that the availability of the stop and search powers across England and Wales for individuals subject to an SVRO warrants the amendment tabled by the noble Lord, Lord Paddick. The rationale behind the approach we are taking is clear and sensible, and there are strong safeguards in place. Ultimately, we have a responsibility to tackle crime and keep people safe, and that is and will continue to be a key priority for the Government.

I welcome the fact that the noble Lord, Lord Coaker, mentioned victims; I will go into some detail on the statistics. The latest police-recorded crime figures published by the ONS for the year ending June 2022 show that knife-enabled crime remained 9% lower—that is, 49,991 offences—than pre-coronavirus pandemic levels; in the year ending March 2020, the figure was 55,076. Police-recorded offences of possession of an article with a blade or point were 9% higher in the year ending June 2022, at 25,287 offences, than the year ending March 2020, when there were 23,242 offences. That is a 13% increase. The police recorded 679 homicide offences in the year ending June 2022, which is a 5% decrease compared with the year ending March 2020. Levels have increased by 13% since the year ending June 2021, during which social restrictions were still in place.

I understand the concerns around disproportionality and the impact of stop and search, particularly on black individuals. But, as the noble Lord, Lord Coaker, has just mentioned, we should not forget that, according to the most recent studies, young black people are 24 times more likely to be victims of homicide than young white people. That is a tragedy. Young people are dying, their families are suffering and their communities are being disproportionately impacted. I totally agree with the noble Lord, Lord Coaker: we absolutely have to do better. I go back to the point I made earlier: to be absolutely clear, an individual must have been convicted of an offence where a bladed article or offensive weapon was used or was present to receive an SVRO, and the stop and search power applies only where an individual has an SVRO.

I will read out a supportive quote from Patrick Green, CEO of the Ben Kinsella Trust. As a reminder, Ben was knifed to death at the age of 16 in 2008; he would now have been entering his 31st year. Patrick said:

“We are pleased that the Government is setting out to do more to take knives and those who choose to persistently carry them off our streets. Reoffending rates have been one of the scourges of knife crime. SVROs give us a chance to look again at stop and search and what more can be done in the courts to reduce offending.”

That very powerful statement speaks for itself.

The policy detail of SVROs was discussed at length during passage of the Police, Crime, Sentencing and Courts Act 2022. As mentioned, they will be piloted and we will conduct a full evaluation before any further rollout.

My noble friend Lord Moylan went slightly off topic when he asked me about non-crime hate incidents. I will endeavour to answer. The Home Secretary has asked officials to consider the issue of NCHI recording to ensure that the police are using their time most effectively. This work is currently under way and includes

consideration of whether the Home Secretary will publish a code of practice on non-crime hate incident recording, as provided for in Sections 60 and 61 of the Police, Crime, Sentencing and Courts Act.

In closing, I offer again my thanks to all noble Lords who contributed to this short debate. I hope that I have covered the points raised during it. There is one that I have not: I will write to the noble Lord, Lord Coaker, on the subject of uniforms; I cannot clarify that at this precise moment. I hope the House will feel sufficiently reassured that the changes we are making to PACE Code A are a necessary safeguard to have in place before commencement of the pilot scheme for SVROs. I have made it clear that public safety is our foremost concern. I therefore commend the order to the House.

About this proceeding contribution

Reference

826 cc1327-1330 

Session

2022-23

Chamber / Committee

House of Lords chamber
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