UK plans to criminalize child exploitation, cuckooing

New legislation set to be introduced in Parliament next week will make child criminal exploitation and “cuckooing” distinct criminal offences.

The proposed Crime and Policing Bill will also introduce measures allowing courts to impose restriction orders on individuals suspected of exploiting children for criminal purposes.

Cuckooing refers to a situation where criminals take over the home of a vulnerable person to use it as a base for illegal activities such as drug dealing.

Home Secretary Yvette Cooper described such exploitation as “sickening” and emphasized that the legislation aims to protect victims and prevent these crimes from happening. “It is vital we do everything in our power to eradicate it from our streets,” she stated.

Currently, the Crown Prosecution Service (CPS) relies on existing offences like assault, harassment, and modern slavery to prosecute cuckooing cases, but these laws may not fully address all instances.

The previous Conservative government had also planned to criminalize cuckooing under its Criminal Justice Bill last year. However, progress was halted when Parliament was dissolved for the snap general election.

Gennine Bird, a former heroin and cocaine user, previously told the media that cuckooing often involves severe intimidation by drug dealers. Vulnerable individuals are sometimes given drugs to keep them dependent and under control. She highlighted the extreme consequences, stating that victims are often beaten, sexually assaulted, or forced into prostitution to repay debts.

Dr. Laura Bainbridge, an associate professor of criminal justice at Leeds University, welcomed the proposed law, noting that current legal measures to tackle cuckooing are inconsistent across England and Wales. She pointed out that existing sentences do not fully reflect the harm caused to victims.

Speaking on the Today programme, she acknowledged that identifying victims and perpetrators in cuckooing cases can be complex, as circumstances vary widely. In some cases, victims may view their exploiters as friends and refuse to remove them from their homes, blurring the line between victimhood and criminality. Meanwhile, some perpetrators may have been forced into cuckooing by gangs to repay drug debts, making them victims in their own right.

She expressed hope that the new law would focus on protecting victims rather than prosecuting them, advocating for a multi-agency response instead of a purely enforcement-based approach.

The bill also includes a new offence targeting child criminal exploitation (CCE), which will address the grooming of children for criminal activities such as county lines drug dealing and organized robbery.

According to the Home Office, approximately 14,500 children were identified as being at risk of CCE in 2023-24, though officials believe the actual number is much higher.

Under the proposed legislation, the offence of cuckooing will carry a maximum prison sentence of five years, while the child criminal exploitation offence will carry a maximum sentence of 10 years.

The bill will also introduce CCE prevention orders, enabling courts to impose restrictions on individuals suspected of exploiting children for criminal activities. Violating these orders will be a criminal offence, punishable by up to five years in prison.

Dame Rachel de Souza, the UK’s Children’s Commissioner, supported the measures, stating that they would reinforce the understanding that exploited children are victims.

“Many children targeted by adult criminals face punishment instead of receiving the support they need,” she said. “Like too many child victims, they are often ignored and overlooked. Their voices and experiences must be heard if we are to build a child-focused justice system that prioritizes safeguarding.”

Additionally, the bill will introduce a specific offence for spiking, carrying a maximum penalty of 10 years in prison.