The Crime and Policing Bill Explained

As announced in the King’s Speech, the Crime and Policing Bill was introduced on 25 February, and contains several measures to update criminal legislation and enhance law enforcement capabilities. Several provisions in the Bill may have potential implications for the tech sector, particularly in areas such as online safety, data access, and fraud prevention. 

Key measures impose additional duties on platforms to prevent the sharing of or access to child sexual exploitation and abuse (CSEA) content, strengthen restrictions on the sale of knives online; and combat cyber-enabled fraud, including prohibiting the use of electronic devices for car theft and SIM farms. 
 

Summary of Key Parts 

Part 2: Offensive Weapons 

As trailed by the Home Office, it will create a much more tightly controlled framework for the sale of knives and bladed weapons.  

  • Clause 10 creates a new offence of possessing an offensive weapon with intent for violence.  

  • Clause 11 increases the maximum penalty for offences relating to the sale of offensive weapons from 51 weeks to the general limit in a magistrates’ court. 

The Home Office had also announced that a new 2-step system for all online knife retailers would be included in the Bill, whereby a person would need to submit a photo ID and a proof of address to purchase an item, followed by submitting their ID upon delivery. These provisions, however, have not been included in the published Bill.  

Additionally, the Home Office has recently consulted on proposals which could make the senior executives of tech companies personally liable when the rules on the sale of knives are broken. The consultation closed in December, with the government currently analysing its findings, which could shape how the Bill evolves.

 

Part 5: Sexual Offences and Offenders 

The Home Office had previously stated that it would outlaw the creation or distribution of AI tools designed to generate CSA material. Chapter 1 expands criminal offences related to child sexual abuse (CSA) to cover digitally produced CSA material.  

Within these regulations, there are several provisions focused on: 

  • Clause 36 prohibits the possession, adaptation, or distribution of digital files or models designed to create CSA images, designed to generate child sexual abuse material (CSAM), punishable by up to 5 years in prison. 

  • Clause 37 extends the offence of possessing ‘paedophile manuals’ to include materials providing guidance on using AI to generate CSA images, punishable by up to 3 years in prison.  

  • Clause 38 and Schedule 6 create an offence for administering or moderating electronic services that facilitate the production or distribution of CSAM. 

  • Clause 39 extends the aforementioned offences to UK nationals, residents, or bodies. extends certain offences to UK nationals, residents, and entities for conduct committed outside the UK. 

  • Clause 44 equips border officers with the power to scan an individual’s device at the border, if there are reasonable grounds to suspect that a person is carrying an electronic device storing CSA images.  

 

Part 7: Other Provisions for the Protection of Persons 

  • Clauses 74 and 75 introduce a new broader offence of encouraging or assisting serious self-harm, repealing section 184 of the Online Safety Act 2023.  

This provision follows Lord Clement-Jones’ recent motion to regret Ofcom’s category threshold regulations, which, he argued, are focused too much on the size of a platform, rather than risk. He emphasised concerns about small, but high-risk suicide forums, where harmful content can be accessed. This provision could be used to address some of the concerns. 

 

Part 8: Prevention of Theft and Fraud 

Part 8 covers a range of devices that could be used to perpetrate crime.  

  • Clauses 80 to 82 and Schedule 10 prohibit SIM farms, which are defined in the Bill as a device which is capable of using five or more SIM cards either simultaneously or interchangeably, to either make telephone calls or send/receive messages.  

  • Clauses 83 to 85 create offences relating to the possession or supply of other electronic communications technologies that can be used to facilitate fraud via electronic communications network and services (with such technologies specified by the Secretary of State).  

 

Part 10: Powers of Police etc 

The powers advanced in Part 10 of the Bill are of particular note due to the implications for data privacy. These proposals make provision for expanded police access to the personal information of those suspected of a criminal offence.  

  • Clause 92 and Schedule 12 allows authorities to apply for court orders to block access to internet protocol (IP) addresses and domain names believed to be used for serious crime. These orders can last up to 12 months. 

  • Clauses 93 and 94 give police a new power to enter and search specified premises without a warrant if stolen goods have been electronically tracked to those premises.  

  • Clause 95 enables the Secretary of State to make regulations about access to driver licence information by the police and other law enforcement.  

 

Part 15: Miscellaneous and General 

In the final part of the Bill, there are several provisions related to international law enforcement data-sharing agreements.  

  • Clauses 127 to 129 enable the UK and devolved governments to make provisions giving effect to international law enforcement information-sharing agreements, provided they do not contravene data protection legislation. 

SIM farms have been noted as a particularly accessible mechanism for people to commit fraud, as they are low-cost devices that do not require ID verification to purchase. As a result, their usage has been one of the most prevalent means of fraudulent activity, accounting for the vast majority of fraudulent texts and calls received by members of the public.  

This comes after the previous Government’s 2023 consultation on preventing the use of SIM farms for fraud, where the responses indicated broad support for plans to address the use of SIM farms to perpetrate fraud. Respondents did express concerns that the Government’s definition of SIM farms (devices that can make calls and texts and hold more than four SIM cards at one time) could include certain legitimate uses; it is of note this definition is closely aligned to the current definition in the Bill.  

 

Call to action: 

If you have any questions or immediate concerns regarding the content of the Bill, please contact Samiah Anderson ([email protected]), Georgie Morgan ([email protected]), Daniella Bennett Remington ([email protected]).  


Daniella Bennett Remington

Daniella Bennett Remington

Policy Manager - Digital Regulation, techUK

Audre Verseckaite

Audre Verseckaite

Senior Policy Manager, Data & AI, techUK

Georgie Morgan

Georgie Morgan

Head of Justice and Emergency Services | Fraud and Economic Crime Lead, techUK

Samiah Anderson

Samiah Anderson

Head of Digital Regulation, techUK


techUK's Policy and Public Affairs Programme activities

techUK helps our members understand, engage and influence the development of digital and tech policy in the UK and beyond. We support our members to understand some of the most complex and thorny policy questions that confront our sector. Visit the programme page here.

 

 

Latest news and insights 

Upcoming events

Learn more and get involved

 

Policy Pulse Newsletter

Sign-up to get the latest tech policy news and how you can get involved in techUK's policy work.

 

 

Here are the five reasons to join the Policy and Public Affairs programme

Download

Join techUK groups

techUK members can get involved in our work by joining our groups, and stay up to date with the latest meetings and opportunities in the programme.

Learn more

Become a techUK member

Our members develop strong networks, build meaningful partnerships and grow their businesses as we all work together to create a thriving environment where industry, government and stakeholders come together to realise the positive outcomes tech can deliver.

Learn more

Meet the team 

Antony Walker

Antony Walker

Deputy CEO, techUK

Alice Campbell

Alice Campbell

Head of Public Affairs, techUK

Edward Emerson

Edward Emerson

Head of Digital Economy, techUK

Samiah Anderson

Samiah Anderson

Head of Digital Regulation, techUK

Audre Verseckaite

Audre Verseckaite

Senior Policy Manager, Data & AI, techUK

Mia Haffety

Mia Haffety

Policy Manager - Digital Economy, techUK

Archie Breare

Archie Breare

Public Affairs Manager, techUK

Daniella Bennett Remington

Daniella Bennett Remington

Policy Manager - Digital Regulation, techUK

Oliver Alderson

Oliver Alderson

Junior Policy Manager, techUK

Tess Newton

Team Assistant, Policy and Public Affairs, techUK