Contribution
My Lords, we welcome government Amendment 262, which recognises that cases of cuckooing often involve a complex web of coercive control. The person who seems to be in charge may actually be being manipulated or exploited by somebody else, and this addresses that complexity. However, while I understand the points made by the noble Lord, Lord Blencathra, and recognise all too well the potential life-changing harm caused by cuckooing, we are not minded to support restricting the trial venue in that way.
Magistrates’ courts provide quicker access to justice for victims and less delay than Crown Courts, particularly given the current backlogs. This is particularly important as cuckooing is linked to ongoing exploitation, with offenders often moving on to repeat the offence elsewhere, so fast action to stop the creation of more victims may in some cases be the more sensible option. Magistrates’ courts can also be less intimidating for vulnerable victims, supporting them to testify. Many other exploitation and safeguarding offences can be tried either way, allowing the specific facts of each case to determine the appropriate court. Imposing a blanket restriction on trial venue risks delaying justice, undermines established practice, and limits judicial discretion.
The pattern of coercion and control is at the heart of all these issues, whether we are talking about the exploitation of vulnerable children or adults. The evidence shows that women—as well as children—who are coerced into offending, often by traffickers or abusive partners, are in practice more often punished than protected. Too many victims of coercive control are still unfairly prosecuted for offences linked to their own abuse. Many female victims do not report to the police for fear of being criminalised, and that concern is well-founded. If, for example, drugs are being stored or grown in their flat, it is all too often the woman who is prosecuted. The statistics bear this out: around 70% of women in prison are victims of coercion or domestic violence.
Turning to the issue of coerced internal concealment, Amendment 259 links the new offences of causing internal concealment and cuckooing, making it clearer and easier to prosecute these serious and often related behaviours. Coerced internal concealment, whereby a person hides items such as drugs inside their bodies, is a particularly stark illustration of the abuse of power. Anyone who puts another person’s life at risk in this way should be subject to the harshest of penalties, so we support the introduction of this new offence.
I take this opportunity to raise an issue which, regrettably and surprisingly, remains absent from the Bill. In the past five years in England and Wales, a child has been subjected to an intimate police search every 14 hours on average. Black children are four times more likely to be strip-searched compared to their proportion of the population. Half these searches lead to no further action.
In opposition, the Government promised stronger regulation, including a statutory duty to notify parents, which should be the bare minimum. Although a consultation began in April 2024, there have been no firm proposals since, which is disappointing given an earlier commitment from the former Home Secretary to new mandatory rules and safeguards being
“put in place as a matter of urgency”.
That pledge followed a series of recommendations from the IOPC, including a call to amend the law so that police forces are required to make a safeguarding referral for any child subjected to a search involving the exposure of intimate parts. It also called for clearer guidance, enhanced training, greater consistency across police forces and, again, for these reforms to be implemented “quickly”.
Some 18 months later, some forces have improved practice and made more safeguarding referrals, but there is still no legal requirement. The Children’s Commissioner confirms that poor strip search practice is widespread and is not limited to any one force or region; failures include not having an appropriate adult present. Can the Minister confirm that a timescale is in place for the implementation of these recommendations? If not, will the Government consider amending the Bill to reflect the need for urgent action?