ECPAT UK Statement on the Crime and Policing Bill

Friday 28th February 2025 

ECPAT UK welcomes the Government’s efforts to address child criminal exploitation (CCE) and child sexual abuse within the Crime and Policing Bill. While many provisions take important steps toward strengthening protections for children, we urge the Government to go further in ensuring that all children are safeguarded from harm and exploitation. 

We welcome Clause 17, which introduces a standalone CCE offence targeting adults who exploit children for criminal activity. Recognising and prosecuting these offenders as child abusers exploiters is an essential step in stopping the exploitation, providing redress for victims and addressing the root causes of CCE. We stress the need for a statutory definition of child exploitation and CCE to ensure consistency in identifying and supporting all child victims of all forms of exploitation. Additionally, a national cross-government child exploitation strategy is essential to tackling the systemic nature of child exploitation and CCE and ensuring that all agencies work together effectively, as part of a whole system approach, to protect children. 

Clauses 18 to 31 and Schedule 4 introduce new civil preventative orders to disrupt and prevent CCE. These measures are a positive step, but they must be implemented alongside robust safeguarding frameworks to prevent the wrongful criminalisation of exploited child victims, including those who have turned 18. We urge the Government to ensure that these orders are used to protect children rather than penalise them for actions resulting from the exploitation they endured as children. 

We note the introduction of a new offence of ‘cuckooing’ in Chapter 2 of Part 4, which criminalises the control of another’s home for criminal purposes. We are concerned that this offence could inadvertently lead to the prosecution of children who have been criminally exploited. Safeguards must be introduced to prevent the criminalisation of child victims of trafficking and exploitation under this provision. 

ECPAT UK strongly welcomes measures in the Bill that are responsive both to the recommendations of the Independent Inquiry into Child Sexual Abuse and to the increasing threat to children’s safety online. Clause 36, which closes a dangerous gap in legislation by criminalising the possession of Artificial Intelligence (AI)-generated child sexual abuse material. The rapid advancements in AI technology necessitate stringent legal measures to prevent its use in child abuse offences. 

We also welcome Clauses 38 to 41, which create a new offence criminalising the provision of online services that facilitate child sexual abuse. This provision is crucial in tackling the growing threat of online child sexual exploitation and ensuring that those who operate and moderate such platforms are held accountable. 

Clause 43 is a significant step forward in protecting children, as it introduces a statutory aggravating factor for grooming behaviour in the sentencing of specified child sex offences. Recognising grooming as an aggravating factor will strengthen the justice system’s response to child sexual abuse and ensure that sentences reflect the severity of these crimes. 

ECPAT UK welcomes Clause 44, which strengthens efforts to combat transnational child sex offences. UK nationals continue to travel overseas to exploit children, and allowing Border Force to scan digital devices for child abuse material upon entry or exit from the UK is a crucial safeguard. We urge the Government to go further by ensuring that sexual offences committed against children abroad are investigated and prosecuted in the UK under the existing powers of Section 72 of the Sexual Offences Act 2003. This power is currently underutilised and must be fully implemented to protect children globally from UK-based offenders.  

We also welcome Chapter 4 of Part 5, which introduces reforms to the management of registered sex offenders, including requiring them to notify the police of a name change at least seven days in advance. This is a vital measure to prevent known offenders from evading detection and committing further crimes, particularly against children abroad. 

We strongly support the introduction of mandatory reporting duties under Chapter 2 of Part 5. Requiring adults in undertaking relevant activity with children certain roles to report suspected child sexual abuse to the police or local authorities is a critical step in strengthening child protection systems. Additionally, Clause 52, which criminalises preventing or deterring someone from complying with their reporting duty, will help ensure that those who fail to protect children are held accountable. 

We also welcome Clause 77 enabling those engaging an individual to work or volunteer with children on a frequent basis to check whether or not they have been barred by the Disclosure and Barring Service from working with children. 

We urge the Government to go further in protecting children from exploitation and abuse, including introducing a statutory definition of child exploitation and CCE, ensuring safeguards against the wrongful criminalisation of exploited children, fully utilising existing powers to prosecute transnational offenders, and implementing a national cross-government child exploitation strategy. We remain committed to advocating for the rights and protections of all children, ensuring that their safety and well-being are prioritised in law and policy.