Matt Vickers
MP for Stockton West · Conservative · United Kingdom
“Q In your experience, how often does article 8 make the decisive difference between somebody being allowed to remain or being removed? Do you think that the provisions in the Bill will materially and effectively change that situation?”
“Q Minister, the independent Regulatory Policy Committee has rated the Government’s impact assessment of the Bill as not fit for purpose. It says: “Little of the appraisal is quantified and most impacts are…uncertain.” What measurable difference do the Government expect the Bill to make? How many additional removals will it deliver?”
“Q With regards to the article 8 changes, can you give us one concrete example of a category of case where someone could successfully resist removal today on article 8 grounds, but where the Bill would prevent them from doing so in future? Anna Turley: Bas, you have an example—we discussed this earlier today.”
“I know we have recently had an increase, but if we want to get rid of the backlog, we are going to have to address the larger numbers of people coming into the system with no representation at all because they cannot find a lawyer. Most legal aid lawyers cannot make this work on the rates, so they are giving up.”
“Q To get the result that we want—tackling that abuse—what else should the Home Office be doing in that space? If this is not a solution, what would you put forward as an alternative, if that abuse does exist?”
“The current system was not designed to cope with a world that is so volatile and insecure, or with people travelling through multiple safe countries before crossing the channel, particularly by boat. We have to confront the situation facing our asylum system, which is one of the most permissive, compared with other countries in Europe.”
The complete record
Every one of 601 lines we hold for Matt Vickers, in date order, each linked to its source. Free to read, in full, without an account. Page 12 of 13.
“Overall, the new clause would introduce a proactive and transparent approach, fostering confidence in the system’s ability to address terrorism and extremism. What steps are the Government taking to ensure that the organisations involved in implementing YDOs have the necessary counter-terrorism and deradicalisation training and expertise? Are the Government confident that those organisations are sufficiently prepared without the need for an independent assessment? Given the complexity of implementing YDOs, does the Minister agree that additional resources might be required to ensure that the orders are effectively enforced? If not, what plans are in place to guarantee that the organisations responsible are adequately resourced?”
“Additionally, the Secretary of State must commission an independent assessment by the independent reviewer of terrorism legislation to evaluate whether the proposed levels of funding, training and expertise are adequate, with that assessment being laid before Parliament alongside the plan. The new clause would ensure the effective implementation of youth diversion orders with the necessary expertise. The requirement for a report and plan would ensure that organisations are prepared to handle counter-terrorism and deradicalisation issues. It would set clear expectations for training and funding, holding the Government accountable for providing sufficient resources. The independent assessment by the independent reviewer of terrorism legislation would add scrutiny, ensuring that the Government’s plans meet the required standards.”
“How does the Minister plan to ensure that that guidance brings consistency in the application of YDOs across different regions? Further clauses outline wider procedures, including for applications for YDOs. New clause 42 would require the Secretary of State to publish a report within three months of the passage of the Act detailing the organisations responsible for implementing and enforcing youth diversion orders. The report must cover the organisations involved, the counter-terrorism and deradicalisation training they possess and any additional resources required to effectively manage the YDO provisions. Within one month of the report’s publication, the Secretary of State must present a plan to address training, financing and guidance to meet the required standards.”
“Clauses 118 and 119 outline the offence of breaching a youth diversion order and subsequent processes for issuing and revising guidance on the exercise of functions related to youth diversion orders. Clause 118(4) provides that if a person is convicted of breaching a youth diversion order, the court cannot issue a conditional discharge requiring a substantive penalty instead. This provision prevents a lenient approach that might fail to deter non-compliance. The clause also establishes varying penalties based on age, with difference consequences for individuals under and over 18. How do these penalties balance deterrence with the goal of rehabilitating young offenders, particularly those under 18? Clause 119 grants the Secretary of State the authority to issue guidance for local police forces.”
“New clause 43 is designed to prevent individuals from becoming embedded with or supporting proscribed organisations. Why would the Government not support a preventive measure that helps to protect the UK from individuals travelling abroad to engage in terrorism-related activities?”
“A person who is found guilty under the provision could face a severe penalty of imprisonment for up to 14 years on conviction on indictment, or up to six months and a fine on summary conviction. The measure is a proactive step to curb the influence and spread of terrorism. By criminalising travel abroad to support a proscribed organisation, it would help to prevent individuals from engaging in activities that might contribute to terrorism and destabilisation abroad. The inclusion of various forms of support, ranging from membership and financial involvement to attending gatherings or creating content, provides clarity on what constitutes illegal activity. That would ensure that law enforcement could pursue a wide range of actions that support proscribed organisations.”
“New clause 43 introduces a criminal offence for individuals who travel outside the United Kingdom to support a proscribed organisation. The offence covers various forms of support, including joining or working for a proscribed organisation or its affiliated groups, attending events in support of such an organisation, meeting with its members, creating content to promote the organisation, or travelling to areas controlled by the organisation without a legal exemption. The new clause provides specific exemptions for accredited non-governmental organisations and humanitarian organisations, media outlets and journalists, and diplomats or Government officials travelling in an official capacity.”
“Clause 123 amends section 13 of the Terrorism Act 2000, which concerns the offence of wearing or displaying articles in support of a proscribed organisation. The key amendment is the introduction of a new offence: “A person commits an offence if, on relevant premises, the person…wears…or displays an article, in such a way…as to arouse reasonable suspicion that the person is a member or supporter of a proscribed organisation.” What is the rationale for introducing the concept of reasonable suspicion in the offence of wearing or displaying articles, as opposed to requiring more direct evidence of support for a proscribed organisation? I would also be grateful for clarity on how the list of relevant premises is determined. Could that include other locations or contexts beyond those listed?”
“The clause aims to ensure that the UK can meet its obligations under international law enforcement agreements, while still upholding important privacy and legal protections. Clause 128 defines who the appropriate national authority is for the purposes of making regulations under clause 127. Clause 129 places a duty on the Secretary of State to consult the devolved Administrations before making any regulations under clause 127 that include provisions falling within the legislative competence of a devolved legislature, as set out in clause 128. That ensures proper engagement with, and respect for, the roles of the Scottish Government, Welsh Government and Northern Ireland Executive when regulations touch on devolved matters. We welcome these measures, but could the Minister briefly comment on what format such consultation would take?”
“Clause 127 gives the Government the power to make regulations to implement international agreements relating to the sharing of law enforcement information. The agreements may evolve over time, and the clause ensures that UK law can adapt accordingly. The clause allows regulations to override existing restrictions on information sharing, but with two key safeguards. A data protection safeguard means that regulations cannot require or allow the processing of personal data in a way that would breach UK data protection laws, unless the regulations themselves impose a legal duty or power. Regulations also cannot override the restrictions set out in the Investigatory Powers Act 2016, which covers the surveillance and interception of communications.”
“Clause 130 holds organisations criminally liable when a senior manager commits an offence within their authority, expanding liability beyond economic crimes to all criminal offences. This reform addresses gaps in the previous identification doctrine and applies to both UK and non-UK entities. However, liability will not apply if the offences occur entirely outside the UK, unless it would be criminal at the corporate level in the UK. How will the Government ensure that the broader application of corporate liability strikes the right balance between holding organisations accountable and avoiding unfair penalisation for offences that occur in part outside the UK?”
“Secondly, I am aware that in the aftermath of the incident, although the police are not seeking anyone else in connection with it, there will be an increased police presence across Headingley and the broader city of Leeds in the coming days and weeks. Given that this horrific attack was on two young women, I would be grateful if the Minister could outline whether there have been any discussions about what that presence will entail and what measures are being taken, in particular to ensure that young women and girls feel safe in Leeds following this incident.”
“Everybody will have found the reports about this incident, which was of great severity, deeply concerning. I would like to express my deepest sympathies to those who were injured during this horrendous attack. Our thoughts are with them at this time. I also thank the public, the police and the emergency services more broadly for their response to the incident. There are two aspects that I would like to touch on with the Minister. West Yorkshire police has said that counter-terrorism police are involved in responding to the incident. We have heard from the independent reviewer of terrorism legislation about the importance of not allowing an information vacuum to form. Will the Minister ensure that there is as much transparency as possible in the release of information about this case?”
“If the decision is to end the notification requirements, they cease immediately. Clause 65 introduces new paragraphs 6A to 6D to schedule 3A to the 2003 Act, establishing provisions for own motion reviews in Northern Ireland that mirror those set out in the new sections for England and Wales. Is the Minister confident that own motion reviews of indefinite notification requirements will not undermine public safety, and how can we ensure that the decision-making process in these reviews is transparent, and that there is adequate oversight to hold the responsible authorities accountable?”
“This allows the chief officer of police to initiate a review of an offender’s indefinite notification requirements without the offender needing to apply. The chief officer can assess whether an offender still needs to comply with the notification requirements, based on the risk they pose to the public. While the review process can begin only once the minimum review period has elapsed, the chief officer of police must notify the offender that they are initiating a review and allow the offender to make representations. The police must also inform the responsible bodies, such as the Probation Service, and seek any relevant information they hold. Once the offender has had an opportunity to make their case, the chief officer must make a determination within six weeks.”
“Clause 64 amends the Sexual Offences Act 2003 to make changes to the review process for offenders in England and Wales who are subject to indefinite notification requirements. These changes specifically apply to offenders sentenced to a term of imprisonment of 30 months or more. Under the current law, offenders subject to indefinite notification must comply with notification requirements for a minimum of 15 years, or eight years for juveniles, before they may apply to the police to review their requirements. The police, working alongside other multi-agency public protection arrangement agencies when appropriate, will review these requirements to determine whether they are still necessary to protect the public from sexual harm. One of the significant changes introduced by clause 64 is the concept of an own motion review.”
“That term is further clarified in proposed new subsection (10) to mean a constable who is authorised to make the application by a constable of at least the rank of inspector. That change rightly aims to streamline the process while ensuring that officers of appropriate rank and authority can make the necessary applications to protect the public and assess offenders’ risks effectively. How big an impact does the Minister anticipate that allowing officers of lower rank to apply for warrants will have on the efficiency and speed of police operations when carrying out the risk assessments? Will thought be given to the relevant training for the appropriate officers in such circumstances?”
“Section 96B of the Sexual Offences Act 2003 grants police officers the authority to apply for a warrant to enter and search a relevant offender’s home when necessary for assessing their risk. Currently, that application can be made only by an officer of at least the rank of superintendent. The police typically seek and execute such warrants when an offender refuses to allow the police entry to their home, thus hindering the risk-assessment process. The clause amends section 96B by altering the application process. Instead of requiring a senior officer of at least superintendent rank to apply for the warrant, proposed new subsection (1) would allow an application to be made by a police officer, but it must first be approved by an “appropriate officer”.”
“The offence carries a maximum penalty of six months’ imprisonment, a fine, or both, on summary conviction, and up to five years’ imprisonment, a fine, or both, on conviction on indictment. Subsection (3) states specifically that courts cannot issue a conditional discharge for breaching an SPO. How will the Government ensure that the penalties for breaching an SPO are proportionate? Are courts being encouraged to take breaches seriously, even when no new criminal offence has occurred? Can the Minister clarify what might constitute a reasonable excuse for breaching an SPO and how consistent the courts are likely to be in applying that standard?”
“Additionally, where an individual is already subject to an SPO, the court must ensure that any new conditions do not contradict those already in place. That will help to avoid confusion and ensure consistency in enforcement. How confident is the Minister that the need to protect victims is not undermined by the requirement to avoid interfering with an offender’s work, education, or religious practices? Proposed new section 364G of the sentencing code makes it clear that breaching the terms of a stalking protection order without reasonable excuse is a criminal offence. It will be for the court to determine what qualifies as a reasonable excuse in an individual case.”
“Furthermore, allowing courts to consider conduct that took place anywhere, including behaviour predating the new legislation, will ensure that they can take a holistic view of the stalker’s actions. This flexibility will enhance the effectiveness of orders and ensure that victims are not left unprotected simply because of jurisdictional or timing technicalities. Proposed new section 364C of the sentencing code provides more detail on how prohibitions and requirements in a stalking protection order should be framed and applied. It requires that, where practicable, any conditions imposed must not conflict with the offender’s religious beliefs or interfere with their usual work or education commitments. It also confirms that SPOs have a UK-wide effect, unless specifically restricted to a certain area.”
“They recognise that perpetrators often target people close to the victim, such as friends, family members or colleagues, in order to cause distress, and they reflect the reality that stalking is used as a form of psychological manipulation and control. Including those indirect victims within the scope of protection will ensure a more comprehensive and preventive approach. Requiring every restriction or requirement in the order to be necessary for the protection of the individual at risk builds in an important safeguard and ensures that conditions are proportionate and directly linked to the risk presented. It balances the rights of the defendant while prioritising victim safety.”
“Has consideration been given to increasing the minimum period to allow for sufficient victim protection? Proposed new section 364B of the sentencing code gives courts the power to impose an SPO following a conviction. The court must be satisfied that the offender has committed acts associated with stalking, that there is a continuing risk of stalking to another person, and that the order is necessary to protect that individual. That can include cases where the stalker targets people close to the main victim—for example, friends or family—to cause distress to the main victim. These provisions are a positive and necessary step in strengthening protections for stalking victims.”
“Subsection (3) provides that an SPO may be time-limited or indefinite; if time-limited, subsection (4) mandates a minimum duration of two years. Allowing a stalking protection order to be time-limited or indefinite will mean that the courts can tailor orders to individual cases. In some situations, an indefinite order may be necessary to protect victims from ongoing risk, while in others a fixed-term order may be more appropriate. This measure can help to ensure long-term protection. Requiring a minimum duration of two years for a time- limited SPO will ensure that victims receive meaningful protection. Short-term orders may not give victims the reassurance and safety they need, especially in cases where stalking behaviours persist or escalate over time.”
“She stressed the need for the police and other agencies to have a consistent understanding of the orders and to apply them properly, ensuring that breaches result in meaningful consequences. Is the Minister confident that the police have the capacity, training and resources to effectively address stalking cases in line with the measures in the Bill? Proposed new section 364A of the sentencing code introduces the concept of a stalking protection order designed to prevent individuals from engaging in stalking behaviours. The order can include both prohibitions and requirements. Subsection (2) directs readers to section 2A of the Protection from Harassment Act 1997 for examples of behaviours associated with stalking.”
“As the Minister will know, in November 2022, the Suzy Lamplugh Trust, acting on behalf of the National Stalking Consortium, submitted a super-complaint highlighting serious and widespread concerns about how the police respond to stalking. The complaint identified systemic issues, including a lack of understanding among officers about what behaviours amount to stalking. It also criticised the quality of investigations, stating that, even when stalking is correctly identified, police often fail to handle these cases appropriately. The head of external affairs at Women’s Aid, Isabelle Younane, emphasised that changes to stalking protection orders will only be effective if the root issues are tackled.”
“Clause 69 amends the Stalking Protection Act 2019 to strengthen the ability of courts to impose stalking protection orders, even when criminal proceedings do not result in a conviction. It will insert proposed new section A1, which defines what a stalking protection order is: an order that can impose prohibitions or requirements on a person to prevent acts associated with stalking. It clarifies that SPOs may now be made on application by the police or following an acquittal, appeal or finding of insanity or disability. I would be grateful if the Minister could expand on how the Government will ensure that the power is used proportionately and not seen to be circumventing due process, particularly in cases of acquittal.”
“The Suzy Lamplugh Trust, a leading charity focused on personal safety and stalking, defines stalking as “a pattern of fixated and obsessive behaviour which is repeated, persistent, intrusive and causes fear of violence or engenders alarm and distress in the victim.” It is right that, under the Protection of Freedoms Act 2012, steps were taken to legislate for the criminalisation of stalking. The Suzy Lamplugh Trust highlighted: “Section 2A labels stalking as a criminal offence for the first time in English and Welsh Law.” I am proud of the steps that the previous Government took to take action against this terrible crime, and I support the current Government in their efforts to reduce its prevalence.”
“Friends and family members of stalking victims often share in the anxiety and fear, feeling helpless as they watch someone they care about fall victim. Relationships may become strained as the victim withdraws or becomes hypervigilant, and families may find themselves taking additional security measures to protect the victim. The overall sense of instability can erode trust and safety within the victim’s support network, leaving everyone involved emotionally drained.”
“Stalking is a deeply harmful and invasive crime that can have severe, long-lasting effects on victims. The impacts of stalking go far beyond the initial fear that it instils. It can completely disrupt a person’s sense of safety, security and control over their own life. Victims of stalking often experience intense psychological distress, ranging from anxiety and depression to post-traumatic stress disorder. The constant feeling of being watched, harassed or threatened can lead to chronic stress, sleep disturbances and a diminished quality of life. In extreme cases, victims may even alter their daily routine, change their contact information or move to new locations to escape the perpetrator’s unwanted attention. The emotional and psychological toll on victims extends to their families and loved ones.”
“Importantly, the Secretary of State must also ensure that the guidance is published and accessible. This new provision aims to improve the safety of stalking victims by ensuring that the police have clear and consistent guidance on disclosing information that could help to protect those at risk, particularly in cases of online stalking. Making it mandatory for police officers to consider this guidance increases the likelihood that appropriate actions will be taken in situations where the disclosure of information could prevent further harm to victims. How do the Government intend to ensure that the guidance issued by the Secretary of State is effectively implemented across all stakeholders, particularly in areas where stalking cases may not be as prevalent?”
“It strengthens victim protection by promoting a co-ordinated and informed response, supports earlier identification of stalking behaviours, and provides a clearer framework for agencies to act before harm escalates. Clause 72 gives significant responsibility to the Secretary of State to issue guidance to chief officers of police on the disclosure of police information for the purpose of protecting individuals from risks related to stalking. This power includes using existing police common-law powers to disclose relevant information, such as the identity of online stalkers, to victims of stalking. The guidance can be revised as needed. Before any issuance or revision, the Secretary of State is required to consult with relevant parties, including the National Police Chiefs’ Council and any other stakeholders deemed appropriate.”
“Proposed new section 7A of the Protection from Harassment Act 1997 is a positive step, as it allows the Secretary of State to issue formal guidance to public authorities in England and Wales on stalking-related matters. That includes the interpretation and application of relevant provisions in the 1997 Act, the Stalking Protection Act 2019, and the Sentencing Act 2020. This guidance will help to ensure that those working across the criminal justice system and other public services, such as the police, the Crown Prosecution Service and local authorities, have a consistent and accurate understanding of the law and best practice in responding to stalking.”
“The Alcohol Education Trust said that spiking cases always surge during the first term of the new academic year, but that suspected incidents had reached frightening new levels, with the National Police Chiefs’ Council revealing that there were 198 spiking incidents, including 24 via injection, across the UK in just two months. The Drinkaware monitor survey from 2022 showed that, in most cases, no additional crime had occurred after an individual was drugged. However, where an additional crime did take place, 8.4% involved so-called pranks. That suggests that such a mentality is relevant to the intentions behind the offence. If we are to legislate on this matter, we must ensure that robust laws are in place to support effective prosecution.”
“Initially attributing her symptoms—dizziness, sharp stomach pains and violent nausea—to overconsumption of alcohol, she soon realised that something was amiss. Her condition deteriorated to the point where she feared for her life. She said: “I felt so unwell I honestly thought I was going to die.” The revelation that a friend was responsible for the spiking was particularly shocking, highlighting that threats can come from familiar individuals, not just strangers. The incident underscores the severe physical and psychological impacts of spiking, and emphasises the need for increased awareness and preventive measures, particularly in university settings.”
“By inserting the words “take revenge on, prank” after “aggrieve”, the amendment makes it clear that the offence applies not only when a person administers a harmful substance with the intention to injure, aggrieve or annoy, but when the intent is to take revenge or play a prank. That broadens the legal coverage of the offence to reflect real-world cases in which spiking is carried out as an act of retaliation or as a so-called joke. It would ensure that such behaviour is recognised as criminal regardless of whether the perpetrator believed it to be harmless or amusing. Take the example of Gillian Reilly, a nursing student who experienced a harrowing incident when a friend spiked her drink as a laugh during a celebration at her university’s students’ union bar.”
“It stressed that effective collaboration between police, transport providers, venues and support organisations such as Stamp Out Spiking is essential to creating safer environments and rebuilding public confidence in nightlife and public spaces. Does the Minister accept that legislation alone is not enough and that a co-ordinated strategy involving education, prevention and enforcement is needed to truly tackle spiking? Will she commit to furthering the delivery of a joined-up approach to tackling spiking? Amendment 44 expands the scope of intent behind the offence of administering harmful substances, including by spiking.”
“In Northern Ireland, the summary conviction maximum is six months’ imprisonment or a fine up to the statutory limit, or both. On indictment, the maximum penalty increases to 10 years’ imprisonment or a fine, or both. By updating this area of law, the Government will ensure that the criminal justice system has a more robust and relevant tool to tackle spiking and related offences, enhancing victim protection and enabling tougher sentences where appropriate. The charity Stamp Out Spiking, which has long campaigned for a dedicated spiking offence, described the proposed new offence as “a rallying call to empower victims” to report incidents. However, the charity also emphasised that the new law is just one element of a broader solution.”
“Under proposed new section 24 of the 1861 Act, it is an offence to unlawfully administer or cause another person to be administered a harmful substance, with a “harmful substance” being defined as “any poison or other destructive or noxious thing”, with the intent to injure, aggrieve, or annoy. This modernised wording explicitly covers a broader range of harmful conduct, including situations in which harmful substances are covertly introduced into a person’s drink or otherwise ingested without their knowledge or consent, which has been an issue of growing public concern in recent years. The offence carries serious penalties. On summary conviction in a magistrates court in England and Wales, an offender may face up to the general maximum term of imprisonment or a fine, or both.”
“Despite the volume of reports, gathering reliable national data on spiking remains challenging. There is currently no comprehensive dataset that accurately reflects the prevalence of the crime. Although the Ministry of Justice records data on certain offences, it logs only the principal offence for which a person is convicted and sentenced. Since spiking can fall under a variety of criminal charges, it is difficult to determine how often it leads to prosecution or conviction. The police do collect incident-level data, and some campaign groups conduct surveys, but these sources do not provide a full picture of how widespread, or effectively prosecuted, spiking is.”
“Many victims report anxiety, depression, post-traumatic stress disorder and a persistent sense of vulnerability or fear, particularly in social situations. The trauma is often compounded by the fact that victims may be unable to recall events clearly, leading to feelings of confusion, helplessness and self-doubt. Furthermore, the social stigma and lack of visible support can discourage victims from reporting incidents, deepening the emotional toll. Spiking undermines a person’s basic sense of safety, and its impact can ripple far beyond the initial incident, affecting relationships, social confidence and overall mental health. Between May 2022 and April 2023, the police received 6,732 reports of spiking incidents, including 957 involving needle spiking. On average, around 561 reports were made each month.”
“Clause 73 modernises and strengthens the law on the administration of harmful substances, including offences commonly referred to as spiking. It repeals outdated provisions in the Offences against the Person Act 1861, specifically sections 22 and 23, and replaces section 24 with a more comprehensive and clear offence. Spiking can have a devastating and long-lasting impact on victims, both physically and psychologically. Victims often experience immediate symptoms, such as nausea, disorientation, memory loss and the loss of consciousness, placing them at serious risk of harm, including assault or injury. Beyond the immediate physical danger, the psychological effects can be profound and enduring.”
“The provision aligns with broader legislative changes by removing overlapping measures in existing law, ensuring clarity and consistency in how such offences are addressed. I would be grateful if the Minister would outline what further steps might be under consideration to ensure that platforms and tech companies have a legal duty to report and remove harmful content, and that this provision is implemented alongside adequate mental health support.”
“Clause 75 strengthens the framework around the offence of encouraging or assisting serious self-harm by closing potential loopholes in enforcement. It ensures that individuals who arrange for others to carry out a harmful act are equally accountable if those acts are carried out, even if indirectly. The provision also captures cases where the intended harm could not physically occur, such as when a person mistakenly believes a harmless item will cause harm, or when the planned outcome does not materialise as expected. That underlines that liability can arise from intention and belief, not just outcome. Furthermore, the clause draws a clear boundary for internet service providers, confirming that they will not be held criminally responsible solely for providing the platform through which harmful content is transmitted.”
“Families, friends, schools and communities are all affected. Loved ones often feel helpless or guilty, and support systems can become strained. In many cases, self-harm can escalate to suicidal ideation or attempts, making early intervention critical. The rise of online content that normalises or encourages self-harm has made the issue even more urgent. Vulnerable individuals can be influenced or manipulated into dangerous behaviours by others, sometimes even strangers, through social media or online forums. The law must recognise and respond to this modern reality to better protect those at risk. Tackling self-harm requires not just healthcare support and early intervention, but strong legal tools to prevent others from encouraging or facilitating this deeply harmful behaviour. Clause 74 takes an important step in that direction.”
“The focus is on the intent and the potential for harm, not the outcome. Self-harm is a deeply concerning issue that affects people of all ages, but especially young people and those struggling with mental health challenges. It involves deliberately causing pain or injury to oneself as a way of coping with overwhelming emotional distress, anxiety, trauma or feelings of numbness and hopelessness. The physical risks of self-harm can be severe, ranging from permanent scarring and infections to life-threatening injuries and even accidental death. The psychological toll is often even more damaging. Those who self-harm frequently experience shame, isolation and a deepening of the very mental health struggles that led them to harm themselves in the first place. It is not just the individuals who suffer.”
“The Law Commission highlighted the need for any such offence to be carefully and narrowly defined to ensure that vulnerable individuals, particularly those who share self-harm content online, are not unintentionally criminalised. Subsection (1) sets out the core of the offence. A person commits it if they carry out “an act capable of encouraging or assisting the serious self-harm of another person” and they did so with the intent that such harm would be caused. Subsection (2) clarifies that the offender does not need to know who the victim is. The offence still applies if the act is aimed at an unknown or unidentified individual, such as in the case of anonymous online posts targeting vulnerable people. Subsection (3) states that an offence is committed whether or not serious self-harm actually takes place.”
“Clause 74 creates a new criminal offence targeting individuals who intentionally carry out acts capable of encouraging or assisting another person to seriously self-harm. Crucially, the offence goes beyond previous legislation, such as section 184 of the Online Safety Act 2023, by covering not just verbal or digital communications, but any form of direct or indirect action. That includes, for example, physically providing someone with an object like a blade to use for self-harm. The new offence is based on a recommendation from the Law Commission, which proposed criminalising the intentional encouragement or assistance of serious self-harm. The proposal was modelled on the existing offence of encouraging or assisting suicide, as set out in the Suicide Act 1961.”
“The High Court upheld Nicolaou’s claim, agreeing that section 1 applies only to the removal of a child from the UK, and that what matters legally is whether consent was in place at the moment the child left the country. As a result, the High Court granted Nicolaou’s application for judicial review, exposing this serious loophole in the existing legislation.”
“The case involved Nicholas Nicolaou, who in 2007 arranged for his son to visit him in Cyprus for a limited time, in accordance with a court order. However, he did not return his son to the UK when the permitted visit expired. Following unsuccessful attempts to resolve the matter through the family courts, a warrant was issued for Nicolaou’s arrest. Nicolaou challenged the warrant through judicial review, arguing that he had not committed an offence under section 1 of the 1984 Act. His reasoning was that his son had been taken out of the UK with the appropriate consent, and that section 1 covers only the act of removal, not the failure to return a child thereafter.”