Recommendations & Conclusions
25 items
1
Conclusion
5th Report - Legislative Scrutiny: Crim…
Accepted
We recognise that anti-social behaviour can blight communities, with the most serious and persistent cases undermining well-being, causing intimidation and distress and preventing the full expression and enjoyment of individual rights. We also recognise that those accused of anti-social behaviour, and those found to have engaged in it, also have …
Government response. The government agrees with the importance of balancing victims' and accused's rights, stating that existing legislation and forthcoming guidance already provide safeguards, avenues of redress, and ensure proportionality in tackling anti-social behaviour.
Ministry of Justice
2
Conclusion
5th Report - Legislative Scrutiny: Crim…
Accepted
The broad definition of anti-social behaviour encompasses a wide range of unacceptable behaviour. While it may be well-established and understood by some authorities, its breadth and subjectivity allows for inconsistency in its application and risks sweeping up less serious matters along with behaviour that demands a legal response. This can …
Government response. The government defends the broadness and flexibility of ASB powers as necessary, stating that existing legal tests, statutory guidance, and new risk assessment requirements provide sufficient safeguards against disproportionate use and impacts on vulnerable groups.
Ministry of Justice
3
Conclusion
5th Report - Legislative Scrutiny: Crim…
Acknowledged
It is important that measures designed to tackle ASB work to protect victims and do not unjustifiably affect the vulnerable. Respect orders would reintroduce criminal offence as a punishment for breach. It is not, however, clear why they would work more effectively than existing measures or the ASBOs that preceded …
Government response. The government acknowledges the importance of protecting victims and vulnerable individuals, and explains that Respect Orders are designed to be more effective by providing a stronger deterrent for breach and retaining rehabilitative requirements.
Ministry of Justice
4
Conclusion
5th Report - Legislative Scrutiny: Crim…
Acknowledged
Particularly given the emphasis witnesses placed on anti-social behaviour largely being carried out by adults, we welcome the decision to exclude children from the scope of respect orders. However, the youth injunction 55 targeted at under 18s would simply replicate the existing regime. It is unclear whether this would effectively …
Government response. The government welcomes the Committee's support for limiting Respect Orders to adults, and defends the existing Youth Injunctions as important and necessary, noting they are not novel but will introduce a new requirement for a risk assessment prior to application.
Ministry of Justice
5
Recommendation
5th Report - Legislative Scrutiny: Crim…
Not Addressed
We also welcome a focus on rehabilitative requirements within respect orders, but note that such requirements are already available under existing measures. From evidence we have received it does not appear they have been used effectively to address anti-social behaviour. Respect orders must be backed up with the resources necessary …
Government response. The government details how Respect Orders include rehabilitative positive requirements to address underlying causes of ASB, but does not address the committee's recommendation regarding the provision of necessary resources to ensure their effective implementation.
Ministry of Justice
6
Recommendation
5th Report - Legislative Scrutiny: Crim…
Acknowledged
Measures designed to tackle anti-social behaviour affect the rights of victims and those accused of anti-social behaviour. To ensure these rights are properly protected it is important that the impact and efficacy of these measures are properly understood. We agree that the Government should have carried out a review of …
Government response. The government acknowledged the importance of protecting rights and understanding the impact of measures, stating the Respect Order was developed using input and research, and that new data reporting powers in the Bill will improve the overview of power usage …
Ministry of Justice
7
Recommendation
5th Report - Legislative Scrutiny: Crim…
Deferred
We welcome the fact that the Bill provides for more data on ASB and responses to it be shared with the Secretary of State. The Government should go further, however, and now comply with the Victims’ Commissioner’s request to carry out a review of all existing civil legal tools designed …
Government response. The government defers the request for a specific review of civil legal tools and 18-month parliamentary reporting on Respect Orders, stating these provisions will be subject to normal post-legislative scrutiny three to five years after Royal Assent.
Ministry of Justice
8
Conclusion
5th Report - Legislative Scrutiny: Crim…
Rejected
The respect order resurrects the direct criminal consequences of the ASBO while retaining the lesser procedural protections of the anti-social behaviour injunction. While it is important that anti-social behaviour is addressed, this should not come at the cost of procedural fairness. An unfair process inevitably risks respect orders being imposed …
Government response. The government rejects concerns regarding the procedural fairness of Respect Orders, asserting that the process is ECHR compliant due to existing safeguards, judicial oversight, and the preventative nature of the orders.
Ministry of Justice
9
Conclusion
5th Report - Legislative Scrutiny: Crim…
Rejected
Taking into account the proceedings as a whole, we have concerns about their compliance with principles of procedural fairness and Article 6 ECHR (the right to a fair trial). This is particularly the case given that respect orders would be available where anti-social behaviour, or even just the threat of …
Government response. The government rejects the concerns about Respect Order compliance with Article 6 ECHR, stating it is satisfied with existing safeguards that balance protecting rights and tackling anti-social behaviour.
Ministry of Justice
10
Recommendation
5th Report - Legislative Scrutiny: Crim…
Rejected
As part of the review we have proposed into the use of respect orders and their compliance with human rights standards, the Government should keep both the test for imposing a respect order and the standard of proof under careful review. (Conclusion, Paragraph 73)
Government response. The government rejected the recommendation to keep the test and standard of proof for Respect Orders under careful review, stating it is already satisfied the procedure is ECHR compliant and strikes the right balance due to existing safeguards and judicial …
Ministry of Justice
11
Conclusion
5th Report - Legislative Scrutiny: Crim…
Accepted in Part
Broad prohibitions and requirements can be imposed under Community Protection Notices, which bind individuals, and under Public Spaces Protection Orders, which bind the general public. Their imposition receives limited scrutiny unless they are legally challenged. If their breach is punished by way of fixed penalty notice, handed out by authorised …
Government response. The government states that existing safeguards ensure just and proportionate use of CPNs and PSPOs, and commits to issuing new statutory guidance to emphasize proportionate use of limits and Fixed Penalty Notices, including recommendations for local authority agreements with contractors.
Ministry of Justice
12
Conclusion
5th Report - Legislative Scrutiny: Crim…
Accepted in Part
While deterring individuals from engaging in anti-social behaviour is obviously valuable, it is not clear that an increase in the fines that can be imposed by way of FPN will have such an effect. Furthermore, the lack of oversight leaves open the risk that fines up to £500 may be …
Government response. The government defends increasing Fixed Penalty Notice limits as an effective deterrent, and to address proportionality concerns, commits to updating statutory guidance to ensure fines are reasonable and proportionate, while also noting existing avenues for individuals to challenge penalties.
Ministry of Justice
13
Recommendation
5th Report - Legislative Scrutiny: Crim…
Rejected
The Government should conduct an urgent review of the use of community protection notices and public spaces protection orders, and particularly the use of fixed penalty notices for breach, to determine their efficacy and whether they are being applied and enforced proportionately and with due regard to the circumstances, including …
Government response. The government does not commit to an urgent review of Community Protection Notices and Public Spaces Protection Orders, stating it is satisfied that existing provisions strike the right balance in tackling anti-social behaviour.
Ministry of Justice
14
Conclusion
5th Report - Legislative Scrutiny: Crim…
Acknowledged
This is the third piece of primary legislation changing the law on public order on which the JCHR has reported in less than five years. Given the importance of free expression and free assembly to a healthy democracy, the Joint Committee on Human Rights is concerned by the volume of …
Government response. The government acknowledged the committee's concern regarding the volume of legislative changes to protest law, but defended the changes as essential responses to evolving protest tactics, aiming to balance protest rights with public order.
Ministry of Justice
15
Recommendation
5th Report - Legislative Scrutiny: Crim…
Accepted in Part
We recommend that the Government should conduct post-legislative review of the impact of this Bill, the Public Order Act 2023 and the public order elements of the Police, Crime, Sentencing and Courts Act 2022 on the exercise of the right to protest before embarking on any further legislative change in …
Government response. The government committed to expedited post-legislative scrutiny for the Public Order Act 2023 beginning in May 2025, and stated that the Police, Crime, Sentencing and Courts Act 2022 and the current Bill will undergo standard post-legislative scrutiny 3-5 years after …
Ministry of Justice
16
Conclusion
5th Report - Legislative Scrutiny: Crim…
Accepted
We agree that the police should be able to take action against individuals using masks to intimidate others and to evade arrest. However, there may be legitimate reasons for actions that conceal identity at a protest. It is important that the law does not disproportionately interfere with human rights, including …
Government response. The government acknowledges the importance of balancing public safety with the right to protest, and states that current Bill provisions for concealing identity at protests already include safeguards and defences for legitimate reasons, ensuring the measure does not disproportionately interfere …
Ministry of Justice
17
Conclusion
5th Report - Legislative Scrutiny: Crim…
Rejected
Under the Bill, the power to designate an area within which it would be a criminal offence to conceal one’s identity depends on the police having a reasonable belief that a public procession or assembly “which constitutes a protest” is taking or may take place. There is no definition of …
Government response. The government rejected the implied recommendation to define "protest," stating it is unnecessary and unhelpful to depart from existing legislation, as the ordinary meaning is clear and its application will be decided by police and courts proportionately.
Ministry of Justice
18
Recommendation
5th Report - Legislative Scrutiny: Crim…
Rejected
To improve accessibility and foreseeability, the Bill should be amended to include a definition of “protest” or alternatively the need for the procession or assembly to constitute a protest should be removed. Removing this requirement would, however, widen the reach of the offence and should be accompanied by further changes …
Government response. The government rejects the recommendation, stating it does not consider it necessary or appropriate to define 'protest' or remove the protest requirement, as this would broaden the designation remit beyond its policy rationale.
Ministry of Justice
19
Conclusion
5th Report - Legislative Scrutiny: Crim…
Rejected
We recognise that the wearing of masks at protests can be intimidating, and that concealing identity can be used as a method of evading criminal responsibility. Nevertheless, the law must provide adequate protection against the unjustified criminalisation of peaceful protesters. (Conclusion, Paragraph 132)
Government response. The government acknowledges the right to peaceful protest but defends the new measures against face coverings, stating they are necessary to address the use of masks to evade criminal responsibility during disorderly protests and will be exercised proportionately.
Ministry of Justice
20
Recommendation
5th Report - Legislative Scrutiny: Crim…
Rejected
To achieve this, steps should be taken to provide additional safeguards for Convention rights: a. The Bill should be amended so that the police can only designate an area within which it would be a criminal offence to conceal one’s identity if they reasonably believe that offences involving violence or …
Government response. The government rejected the proposed Bill amendments, arguing that the designation power is already constrained by the likelihood of "commission of offences" and existing legislation provides a defence for health, religious, or work-related reasons. They committed to issuing operational guidance …
Ministry of Justice
21
Conclusion
5th Report - Legislative Scrutiny: Crim…
Accepted
We recognise that protests have the potential to intimidate and interfere with the right to manifest one’s religion through worship. However, the right to protest peacefully must also be respected. We agree with evidence we 58 received that it is important that the right balance is struck between these rights, …
Government response. The government agrees on the importance of balancing the right to protest with the right to practice religion, stating that Clause 124 of the Bill is designed to achieve this balance by preventing undue intimidation near places of worship, consistent …
Ministry of Justice
22
Recommendation
5th Report - Legislative Scrutiny: Crim…
Rejected
To help ensure the right balance is struck between the right to protest and the rights of people to worship without intimidation, the Bill should be amended so that the police can impose conditions when they reasonably believe that an assembly or procession “would intimidate persons of reasonable firmness” rather …
Government response. The government rejects the recommendation to change the threshold from 'may intimidate' to 'would intimidate', stating that 'may intimidate' is appropriate and proportionate and that raising the threshold could unduly limit police ability to respond to risks.
Ministry of Justice
23
Conclusion
5th Report - Legislative Scrutiny: Crim…
Rejected
We welcome the introduction of mandatory reporting of child sexual abuse, which represents an important step forward for protection of children’s human rights. However, we are concerned that the scope of the duty and particularly the consequences of breach may not do enough to provide effective protection against child sexual …
Government response. The government rejects the concern that current consequences for failing to report child sexual abuse are insufficient, explaining that applying criminal sanctions could create a negative culture and instead highlights referrals to the DBS and professional regulators as effective measures.
Ministry of Justice
24
Recommendation
5th Report - Legislative Scrutiny: Crim…
Rejected
The Government must keep under review the efficacy of the mandatory reporting duty once it is in place, with a view to expanding its scope if necessary. The Government should also reconsider the consequence of failing to comply with the duty to report child sexual abuse, so that it operates …
Government response. The government rejected the use of criminal sanctions for failure to report child sexual abuse, opting instead for referral to DBS and professional regulators, and stated that a new criminal offence will target those who prevent reports. It also stated …
Ministry of Justice
25
Recommendation
5th Report - Legislative Scrutiny: Crim…
Rejected
We repeat our call for barriers to the exercise of universal jurisdiction to be removed, and our proposed amendment to the Bill to achieve this appears in the Annex to this report. (Recommendation, Paragraph 167) 59
Government response. The government rejected the recommendation to remove barriers to universal jurisdiction and amend the Bill, stating that its current approach focuses on specific crimes, supports prosecution closest to perpetration, and relies on the International Criminal Court for broader cases.
Ministry of Justice