How New Police Powers Under The Crime and Policing Act Promise A Generational Crime Clampdown

Royal Ascent Starts Ball Rolling on Increased Police Powers

The Crime and Policing Act has now received Royal Assent, introducing what the government describes as the biggest shake-up of crime-fighting powers in a generation. The Act contains more than 70 measures aimed at tackling anti-social behaviour, retail crime, knife crime, child criminal exploitation, stalking, cuckooing and technology-enabled offending.

For communities affected by repeat offending, violence and disorder, the new powers are likely to be welcomed. However, from a criminal defence perspective, the Act also raises important questions about how these powers will be used in practice, and whether enforcement remains fair, proportionate and evidence-led.

Anti-social behaviour and local crime

One of the key themes of the Act is strengthening neighbourhood policing. New respect orders will allow courts to ban repeat offenders from town centres or other specified locations. Police will also be able to seize vehicles used in an anti-social manner without first issuing a warning.

These powers are intended to deal with behaviour that causes persistent nuisance or fear in local communities. However, they may also have significant consequences for those accused. Exclusion from town centres or local areas can affect employment, family life and access to essential services.

Defence solicitors will therefore need to carefully examine whether restrictions are necessary, proportionate and supported by clear evidence.

Retail crime and assaulting shop workers

The Act introduces a specific offence of assaulting a retail worker, with a possible sentence of up to six months’ imprisonment. It also ends the treatment of theft under £200 as a summary-only offence, meaning shoplifting cases can be dealt with more seriously where appropriate.

Retailers have repeatedly raised concerns about rising theft, abuse and violence against staff. The new legislation is designed to send a clear message that shop workers should not be expected to tolerate violence as part of their job.

From a defence perspective, cases will still need to be assessed on their individual facts. Issues may arise around identification, CCTV evidence, intent, mental health, addiction, homelessness and whether an alleged assault occurred in the way described.

Knife crime and online sales

The Act also introduces stronger measures relating to knives and weapons. These include mandatory two-step verification for online knife purchases, requirements for retailers to report bulk purchases, and personal criminal liability for tech bosses who fail to act on illegal knife or weapons content.

A new offence of possession of a knife with intent to cause unlawful violence will carry a maximum sentence of up to seven years’ imprisonment.

Knife crime is clearly a serious concern, particularly where young people are involved. However, possession offences can be complex. The prosecution must prove not only possession, but also the relevant intent where that is alleged. Defence arguments may focus on lawful purpose, lack of knowledge, temporary possession, duress, or the reliability of evidence linking the item to the accused.

Child criminal exploitation and cuckooing

A major development is the creation of a standalone offence of child criminal exploitation, carrying a maximum sentence of up to 10 years’ imprisonment. The Act also creates a new offence of cuckooing, where a person’s home is taken over for illegal activity, and an offence relating to the internal concealment of drugs or other specified items.

These measures are particularly relevant to County Lines offending, where children and vulnerable adults may be groomed, coerced or threatened into criminal activity.

For criminal defence practitioners, it will be essential to distinguish between those who exploit others and those who have themselves been exploited. Young people involved in drug supply or related offences may not always be willing or able to explain coercion at an early stage. Proper safeguarding, expert evidence and careful analysis of the defendant’s circumstances will be crucial.

Stalking and online offending

The Act also strengthens protections for stalking victims, including new “Right to Know” guidance intended to help police disclose the identity of an online stalker at an earlier stage. Courts will also have wider powers to impose stalking protection orders, including following conviction or acquittal.

These measures recognise that stalking is often a pattern of behaviour rather than a single incident. However, online cases can raise difficult evidential questions, including account attribution, context, intent and whether communications amount to harassment or legitimate contact.

Defence considerations under the new Act

The Act gives police and courts a wider range of tools. In practice, defence lawyers are likely to focus on:

• whether police powers were used lawfully and proportionately;
• whether restrictions or orders are justified by evidence;
• whether digital evidence has been properly obtained and disclosed;
• whether vulnerable defendants have been correctly identified;
• whether allegations of intent are supported beyond reasonable doubt.

Conclusion

The Crime and Policing Act represents a significant expansion of criminal law and policing powers in England and Wales. Its aim is to improve public safety, support victims and give police stronger tools to tackle local crime.

However, stronger powers must be matched by strong safeguards. The criminal justice system must ensure that enforcement is not only robust, but also fair, lawful and proportionate.

For anyone facing investigation or prosecution under these new provisions, early specialist legal advice will be essential. As the Act begins to take effect, the courts will play a vital role in defining how these powers are applied in practice.

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