Cuckooing and child criminal exploitation offences

The King’s Speech given on the 17th of July 2024 outlined draft legislation which Labour planned to introduce in the coming months, including legislation in relation to cuckooing. In particular, the King’s Speech announced a Crime and Policing Bill which was described by the government as a bill aiming to ‘strengthen community, policing and give the police greater powers to deal with anti-social behaviour’.

The Crime and Policing Bill was introduced to the House of Commons and given its first reading earlier last week (Tuesday 25 February 2025). This stage takes place without any debate. MPs will next consider the Bill at the second reading stage. The date for the second reading has not yet been announced.

What is cuckooing?

Cuckooing (controlling another’s home for criminal purposes) is a highly exploitative practice whereby criminals target and take over the homes of vulnerable people for the purpose of illegal activity. It is often associated with anti-social behaviour and the exploitation of children used by criminal gangs inside properties.

Cuckooing is a key feature of country lines drugs offences which involves commandeering an address usually occupied by a vulnerable drug user as a base for drug supply activities.

‘County lines’ networks may use violence and coercion to occupy the property of someone who is often vulnerable through mental health, domestic circumstances, substance misuse or manipulation. The property is used by the network to cut and store drugs and despatch drug runners to perform a deal.

The drug runners are often children who have been reported as ‘missing’. The running of the drug operation is typically overseen by a ‘manager’ who manages the ‘workforce’ at this property. The ‘manager’ will be in receipt of phone calls from the ‘line holder’ who will give instructions on the drug deal, quantity, drug type, location etc.

Often the occupier of the cuckooed address can be a victim of violence, coercion and even Modern Slavery, however there can be instances where the drug user is also being paid in drugs for the use of their property.

What is child criminal exploitation?

Current estimates show that approximately 14,500 children were identified as at risk or involved in child criminal exploitation (CCE) in 2023 to 2024, although this is likely an underestimate as many exploited children will not be known to authorities.

However, under current legislation, only a small number of individuals have been charged for using children in criminal activity.

Is cuckooing currently a criminal offence?

Currently a range of offences can be used to prosecute criminal activity commonly associated with cuckooing. For example, offences under sections 44 to 46 of the Serious Crime Act 2007 may apply where cuckooing amounts to an act of encouraging or assisting the commission of an offence.

Any criminal activity carried out from the cuckooed property would also already be an offence, for example, where a cuckooed property is used to supply illegal drugs, offences under the Misuse of Drugs Act 1971 may apply such as conspiracy to supply drugs and country lines drugs offences

It is the Government’s view, however, that the existing legal framework does not reflect the harm caused to victims when their home, a place where they should feel safe, is taken over by criminals.

Cuckooing to be made a specific criminal offence

The Crime and Policing Bill provides for a new bespoke criminal offence of cuckooing, which aims to strengthen the legal framework to tackle this form of offending where criminals seize control of a vulnerable person’s home without consent to conduct illegal activities like drug dealing.

The bill introduces a new offence making it illegal to exercise control over another person’s home without their consent for the purpose of facilitating specified criminal activities, such as drug offences, sexual offences, and offences involving weapons. The Secretary of State will have the power to amend the list of specified offences in the future.

A person cannot legally consent to the control of their dwelling if they are under 18, lack the capacity to consent, have not been provided with sufficient information to make an informed decision, have been coerced, or have withdrawn their consent. Consent obtained through deception, coercion, or other abusive means will not be considered valid.

This offence carries a maximum penalty of five years’ imprisonment. To support its enforcement, the government will issue guidance for police and operational partners, helping to improve identification of cuckooing and ensure effective victim safeguarding.

Additionally, the bill will classify cuckooing as a ‘criminal lifestyle offence’ under the Proceeds of Crime Act 2002, allowing authorities to confiscate assets linked to criminal activity. Victims will also be automatically eligible for special measures when giving evidence in court, ensuring additional protection during legal proceedings.

Child criminal exploitation to be made criminal offence

Another new offence will be created against adults who use a child to commit criminal activity. This standalone offence of child criminal exploitation will look to target those adults who groom and exploit children into criminal activity, such as county lines drug running or organised robbery, as well as increasing the opportunities for children to be identified.

The bill introduces a new offence making it illegal for an adult to use a child to commit a criminal act, addressing the imbalance of power exploited in such situations. This offence applies to adults aged 18 and over who involve children under 18 in criminal activity and carries a maximum penalty of 10 years’ imprisonment.

In addition, the bill establishes Child Criminal Exploitation (CCE) Civil Preventative Orders, which can be imposed at the conclusion of criminal proceedings (whether upon conviction or acquittal) or on application without a trial. These orders allow courts to impose restrictions on individuals at risk of engaging in or facilitating CCE, such as banning contact with specific individuals or prohibiting travel to certain locations. Breaching an order will be a criminal offence punishable by up to five years’ imprisonment.

Additionally, the new CCE offence will be classified as a ‘criminal lifestyle offence’ under the Proceeds of Crime Act 2002, meaning that those convicted may be subject to confiscation orders, with all their assets presumed to be derived from criminal activity.

The bill will also enhance victim protection by ensuring that child victims are automatically eligible for special measures in court, such as giving evidence from behind a screen or via pre-recorded testimony, to safeguard their well-being during legal proceedings.

Home Secretary, Yvette Cooper, commented:

“The exploitation of children and vulnerable people for criminal gain is sickening and it is vital we do everything in our power to eradicate it from our streets.

As part of our Plan for Change, we are introducing these two offences to properly punish those who prey on them, ensure victims are properly protected and prevent these often-hidden crimes from occurring in the first place.

These steps are vital in our efforts to stop the grooming and exploitation of children into criminal gangs, deliver on our pledge to halve knife crime in the next decade and work towards our overall mission to make our streets safer.

The new legislation also includes the creation of new CCE prevention orders, which may be issued at the end of criminal proceedings or upon application by police.

These bespoke orders will ensure that courts can impose restrictions and requirements on individuals who pose a risk of exploiting a child for criminal purposes, such as limiting their ability to work with children, contact specific people or go to a certain area.

This will help manage the risk of offending, or reoffending, and breach of these orders (or failure to comply with any relevant notification requirements) will also be a criminal offence, with a maximum penalty of five years in prison.”

What should I do if my child or loved one is arrested in relation to a county lines investigation?

If your child or loved one is arrested in relation to an allegation involving county lines and potential cuckooing or child criminal exploitation, ensure you seek the advice of an expert solicitor. They can attend the police station to give legal advice to those being interviewed or if the person arrested has been charged, they can represent them during the court proceedings. At Olliers we have the right expertise to ensure that your loved one faces the best chance of gaining the best possible outcome either at court or the police station.

Contact a specialist county lines drugs lawyer? (London & Manchester)

If you or a family member are facing a drugs allegation, contact us to discuss your case on 0161 834 1515 (Manchester) or 020 3883 6790 (London), email us at info@olliers.com or complete the form below.