Justice Minister, , has introduced legislative
consent motions which will see new offences and amendments to
offences introduced in Northern Ireland.
Some provisions of the Crime and Policing Bill will now be
extended to Northern Ireland including a new provision making
spiking an offence.
The Minister said: “Spiking is a despicable act that
leaves victims feeling violated, vulnerable and confused.
Whilst spiking can happen to anyone, it is predominately an
attack against women and girls, and one which often goes
unreported. I hope by making spiking an offence, it
provides additional reassurance and protections to women and
girls and will give victims the courage to report attacks to the
PSNI.”
The Minister brought forward a legislative consent motion today
in the Assembly which will see provisions for Northern Ireland
included as part of the Crime and Policing Bill, which is
currently making its way through Parliament.
The Bill is wide ranging and supports the delivery of the UK
Government's Safer Streets Mission to halve knife crime and
violence against women and girls in a decade and increase public
confidence in policing and the wider criminal justice system. It
gives police further powers to tackle anti-social behaviour,
crime and terrorism.
As well as the creation of a new spiking offence, other measures
to be extended to Northern Ireland are:
• an offence of cuckooing
• an updated offence of possession of advice or guidance relating
to the creation of child sexual abuse images
• strengthening and streamlining the current sex offender
notification requirements ('sex offender register')
• an offence of spiking
• an offence of encouraging or assisting serious self-harm
• Offences relating to electronic devices for use in vehicle
theft
• Reforms to the confiscation of the proceeds of crime
• Proceeds of civil recovery: costs and expenses
• Implementation of international law enforcement information
sharing agreements
• Criminal liability of bodies corporate and partnerships where
senior manager commits offence (Identification Doctrine).
Separately, the Minister also brought forward a legislative
consent motion to have four measures in the Border Security,
Asylum and Immigration Bill extended to Northern Ireland.
These include:
- Supply of trailer registration information
- Two offences relating to articles for use in serious crime
- An offence of breach of an Interim Serious Crime Prevention
Order
The fourth measure is the responsibility of the Department for
the Economy and relates to validation of fees charged in relation
to qualifications.
The Minister concluded: “It is, of course, my preference
to legislate for devolved matters through the Assembly. However,
the extension of the provisions will ensure consistency across
the UK in tackling certain types of criminality and provide
important safeguards for victims.”
Notes to editors
- The Crime and Policing Bill was introduced in Parliament on
25 February 2025.
- It contains a mix of excepted and reserved measures, some of
which apply or are extended to Northern Ireland; and some matters
which are transferred and therefore require the Assembly's
legislative consent.
Crime and Policing Bill Provisions -
-
Cuckooing - whereby criminals take over the
home of another person without their consent to use it for
specified criminal activity, if certain conditions are
met. The creation of this offence will ensure there is a
mechanism in which to prosecute those responsible. It will also
improve the identification and safeguarding of victims who no
longer feel safe in their homes.
-
New offence of spiking - the Government is
repealing sections 22-25 of the Offences against the Person Act
1861 and replacing sections 23 and 24 with a single
administering a harmful substance offence, including by
spiking. The aim being to increase public awareness that
spiking behaviour is illegal and encourage victims to report
incidents to the police.
-
Paedophile manuals - Possession of advice or
guidance about creating Child Sexual Abuse images. This amends
the current offence of possession of a paedophile manual
contained at section 69 of the Serious Crime Act 2015, which
extends to England and Wales and Northern Ireland. The
current offence criminalises possession of any item that
involves advice or guidance about abusing children sexually,
but explicitly excludes advice or guidance related to
pseudo-images. The new provision will close a loophole in
this offence by extending the definition of the current section
69 offence to capture possession of guidance on producing AI
generated child sexual abuse material.
-
Management of sex offenders – this seeks to
strengthen and streamline the current sex offender notification
requirements contained at Part 2 of the Sexual Offences Act
2003. The requirements are more commonly referred to as
the ‘sex offenders register' and are automatically applied to
offenders convicted of, or cautioned for, a specified sexual
offence. They form an essential part of offender risk
management and are considered as an invaluable tool for the
police, in conjunction with the other public protection
authorities, to manage the risk of sexual harm that an offender
presents whilst in the community – practically, they enable the
authorities to know the whereabouts of relevant offenders where
they can respond to any matters arising as quickly as possible.
-
New offence of encouraging or assisting serious
self-harm - replaces provision in the Online Safety
Act 2023 with a broader offence to cover all means by which
serious self-harm may be encouraged or assisted, including by
any means of communication and in any other way.
-
New offences relating to electronic devices for use in
vehicle theft – criminalises the possession,
importation, manufacture, adaptation, supply or offer to supply
and possession of electronic devices, such as signal jammers,
signal amplifiers and devices used to access a vehicle's wiring
system, to commit a relevant offence such as stealing a
vehicle, stealing anything in a vehicle or taking a vehicle
without authority.
-
Extensive reforms to the existing confiscation
regime for proceeds of crime under the Proceeds of
Crime Act 2002 which aims to improve the process for making
confiscation orders, ensure the fairness and transparency of
the confiscation regime, and optimise the enforcement of
confiscation orders.
-
Proceeds of civil recovery costs and expenses
- Costs protections in relation to proceeds of crime in civil
proceedings for enforcement agencies – this mirrors the
approach taken in the Economic Crime (Transparency and
Enforcement) Act 2022 which amended the unexplained wealth
order provisions.
-
Implementation of international law enforcement
information sharing agreements – these clauses will
enable sharing within agreemenst yet to be made with oversees
partners to facilitate mutual assistance in criminal
investigations.
-
Identification Doctrine - Criminal liability
where a senior manager commits an offence whilst acting in the
scope of their actual or apparent authority for all crimes,
known as Identification Doctrine Reform. This replaces
the provisions in the Economic Crime Corporate Transparency Act
2023 which is limited only to economic crime.
Border Security. Asylum and Immigration Bill
Provisions
-
Power to acquire information from the Driver and
Vehicle Licensing Agency's trailer registration scheme
– provides for information held by the Driver and Vehicle
Licensing Agency on UK-registered trailers to be shared with
law enforcement in real time.
-
Two new offences relating to articles for use in
serious crime - this includes possession of a
specified article that will be used in connection with any
serious offence; and also importing, manufacturing, adapting,
supplying or offering to supply a specified article where there
are reasonable grounds to suspect that the article will be used
in any serious offence.
-
Breach of an Interim Serious Crime Prevention Order
– extends the offence to all jurisdictions of the UK
to maintain the integrity of the offence and ensure
enforcement.
-
Validation of fees charged for the UK National
Information Centre.