King’s Speech – Criminal Law

The King’s Speech took place on 17/7/2024 to introduce the government bills being put through by the newly elected Labour Party. The bills will cover a wide range of important issues relating to healthcare, travel, economic growth and constitutional reforms.

It is anticipated that the new government will be attempting to create new offences and strengthen police powers in the coming months.

Crime and Policing Bill

A criminal bill that was mentioned was in the speech was the Crime and Policing Bill which will provide the police greater powers to deal with anti-social behaviour. The bill aims to supplement existing powers for police to tackle knife crime.

The bill is also expected to create new child exploitation offences, specifically to combat the use of children in “county lines” drug running operations.

The government have also previously debated a new offence of cuckooing. Cuckooing is where drug deals take over a local property, usually belonging to a vulnerable person, and use it to operate criminal activity. This is also often linked to “county lines” drug supply where children or vulnerable people are coerced into transporting drugs.

New offence of ‘spiking’

Whilst spiking or lacing drinks is already technically a crime, it is covered by existing offences such as administering noxious substances.

The creation of a new specific offence however will help police and prosecutors respond to incidents of this nature.

Spiking is often under reported due to how quickly the typical drugs used are passed through the body. A specific offence will also cover the gaps whereby existing offences may not be applicable, therefore no criminal charge would come to fruition.

Assault against retail workers

A standalone offence is being considered to specifically penalise assaults against retail workers which would otherwise be caught by general offences against the person.

There is presumption that convictions for this new offence will lead to the imposition of a Criminal Behaviour Order which will prevent an offender from visiting specific premises. Repeat offenders may be subject to electronic monitoring (‘tagging’).

Sexual activity in the presence of a child or person with a mental disorder

Several offences within the Sexual Offences Act 2003 already cover situations where someone may engage in sexual activity in the presence of a child or a person with a mental disorder.

Currently the offences include two requirements that must be proved:

1. The person engaged in sexual activity when the child or person with a mental disorder was present or in a place from which they could be observed; and
2. The person knew or believed that the child or person with a mental disorder was aware (or intended that they should be aware) the activity was taking place.

The government intends to remove the second limb of this requirement to remove a barrier to previous prosecutions that may have failed due to the difficulties in proving the case evidentially.

How we can help?

Whilst no new offences have yet been put in place, it is not uncommon in our experience that the emergence of a new criminal matter means it will be frequently charged by police. The Olliers team will be keeping an eye on any new updates in respect of the progression of the new bills put forward by Labour.