Summary: Intervention & Options
Department /Agency: Title:
Home Office Impact Assessment of the Crime and Security Bill
Stage: Final Proposal Version: 1 Date: November 2009
Related Publications: Impact Assessments on some of the provisions in the Bill; Consultations and
Available to view or download at:
Contact for enquiries: Michael Drew Telephone: 0207 035 1863
What is the problem under consideration? Why is government intervention necessary?
In recent years the Government has successfully introduced tough powers to tackle crime and
antisocial behaviour. However, there is scope to go further and legislation is required to close a
number of gaps in order to: make our streets safer, prevent crimes against the most vulnerable, shut
down criminal and exploitative markets, and ensure that justice is done for victims and their families.
What are the policy objectives and the intended effects?
To protect our communities by introducing measures to address some of the public’s key crime
Tackling antisocial behaviour and gang violence
Shutting down criminal and exploitative markets
Protecting vulnerable members of society including women and children
Providing justice for victims of crime and their families
Reducing police bureaucracy
What policy options have been considered? Please justify any preferred option.
1) Retain the current position and not introduce the changes outlined in the Bill (Do nothing).
2) Implement the Bill in part - to do this would only realise some but not all of the benefits from the
3) Implement in full – this would allow us to move forward on delivering the reforms that are needed to
address some of the public’s key crime concerns. (This is our preferred option).
When will the policy be reviewed to establish the actual costs and benefits and the achievement of the
Implementation and delivery plans for individual provisions of the Bill will be developed in due course.
Ministerial Sign-off For Impact Assessments:
I have read the Impact Assessment and I am satisfied that, given the available
evidence, it represents a reasonable view of the likely costs, benefits and impact of the
Signed by the responsible Minister:
Summary: Analysis & Evidence
Policy Option: 3 Description: Implement Bill in Full
ANNUAL COSTS Description and scale of key monetised costs by ‘main
affected groups’ See costs and benefits section
One-off (Transition) Yrs
£ 53.2m - £55.5m
Average Annual Cost
£ 6.2m - £6.3m Total Cost (PV) £ 105m - 108.2
Other key non-monetised costs by ‘main affected groups’ See costs and benefits section
ANNUAL BENEFITS Description and scale of key monetised benefits by ‘main
affected groups’ See costs and benefits section
Average Annual Benefit
£ 12.4m Total Benefit (PV) £ 108m
Other key non-monetised benefits by ‘main affected groups’ See costs and benefits section
Key Assumptions/Sensitivities/Risks See costs and benefits section and individual IAs
Price Base Time Period Net Benefit Range (NPV) NET BENEFIT (NPV Best
Year 2010 Years 10 £ -0.2m to £3m estimate)
What is the geographic coverage of the policy/option? UK
On what date will the policy be implemented? Various dates
depending upon the
Which organisation(s) will enforce the policy? Principally the Police
and the Courts
What is the total annual cost of enforcement for these organisations? £ see above
Does enforcement comply with Hampton principles? Yes
Will implementation go beyond minimum EU requirements? No
What is the value of the proposed offsetting measure per year? £ N/A
What is the value of changes in greenhouse gas emissions? £ N/A
Will the proposal have a significant impact on competition? No
Annual cost (£-£) per organisation Micro Small Medium Large
Are any of these organisations exempt? Yes/No Yes/No N/A N/A
Impact on Admin Burdens Baseline (2005 Prices) (Increase - Decrease)
Increase of £ Unknown Decrease of £Unknown Net Impact £ Unknown
Key: Annual costs and benefits: (Net) Present
Evidence Base (for summary sheets)
1. In June 2009 the Government announced its intention to introduce a Policing, Crime and
Private Security Bill in its draft legislative programme. The draft Bill sought to address the public’s
key crime concerns by closing the few gaps that have emerged following the implementation of
the government’s strategies that significantly reduced crime and increased the efficiency of the
criminal justice system. Building upon this, a Crime and Security Bill is being brought forward and
will be introduced in Parliament in November 2009.
2. The Crime and Security Bill will protect our communities by introducing measures to
address some of the public’s key crime concerns by:
Making our streets safer;
Protecting vulnerable members of society, including women and children;
Shutting down criminal and exploitative markets; and
Providing justice for victims of crime and their families.
3. Specifically, the Crime and Security Bill will introduce provisions to:
Retrospectively collect biometric data from serious violent and sexual offenders to assist
police investigations including ‘cold cases’
Ensure that those convicted of serious offences overseas are added to the DNA database
Ensure the right people are on our DNA database
Prevent gang violence through the use of gang injunctions for under 18 year olds
Protect victims of domestic violence through the use of Domestic Violence Prevention
Notices and Orders
Increase parental responsibility for their child’s antisocial behaviour through the use of
mandatory Parenting Needs Assessments and Parenting Orders
Prevent financial exploitation by licensing vehicle immobilisation businesses
Prevent inmates from continuing criminal activity from prison using mobile phones
Reduce police bureaucracy by reducing the statutory reporting requirements for stop and
Ensure air weapons are safely kept away from the reach of children
4. This overarching Impact Assessment has been developed to provide an overview of the
benefits, costs and savings provided by the Bill.
5. Individual impact assessments will be produced for each of the provisions in the Bill and
will be published upon introduction.
6. Some of the provisions have been the subject of Government consultation papers. A list
of these papers is provided at Annex A.
Summary of key provisions
Retrospective collection of biometric data from serious violent and sexual offenders
7. The Bill will give the police service additional powers to require biometric data from
individuals in the following circumstances:
Following arrest for a recordable offence, where they have been released on bail and
have not previously had their data taken; or in any event where data previously taken
proved subsequently to be insufficient;
Following conviction (in England and Wales) for a serious offence where existing
powers do not enable biometric data to be taken; and
Following conviction (outside England and Wales) for a serious offence.
8. As with existing powers to take DNA and fingerprints, all the new powers will enable the
police i) to require a person to attend a police station to have their data taken, ii) to take data
without the person’s consent and iii) to arrest a person who does not comply for the sole purpose
of taking the data.
Ensuring the right people are on the DNA database
9. The Bill will amend DNA and fingerprint retention periods under the Police and Criminal
Evidence Act 1984. The Bill will introduce the following retention periods after which records will
Adult – Convicted: indefinite retention of fingerprints & DNA profile;
Adult – Arrested but unconvicted: retention of fingerprints & DNA profile for 6 years;
Under-18 – Convicted of serious offence or multiple minor offences: Indefinite retention of
fingerprints & DNA profile;
Under-18 – Convicted of single minor offence: retention of fingerprints & DNA profile for 5
16- & 17-year-olds – Arrested for but unconvicted of serious offence: 6 years retention of
fingerprints & DNA profile;
All other under-18s – Arrested but unconvicted: 3 years retention of fingerprints & DNA
Terrorism and National Security - Retention of DNA profile for 6 years. DNA may be
retained beyond 6 years on national security grounds which will be subject to review by a
senior police officer every two years; and
All DNA samples: Retained until profile loaded onto database, but no more than 6
Under 18 gang injunctions
10. The Bill will amend Part 4 of the current Policing and Crime Bill, Injunctions to prevent
gang-related violence, to allow use for 14-17 year olds. This requires the creation of a number of
additional safeguards and two new disposals for breach of a gang injunction – a supervision
package and custody. It will also be possible to fine 14-17 year olds under existing arrangements.
11. Courts will be able to sentence those aged 14-17 who have been found guilty of breach of
a gang injunction to a 6-month supervision package administered by a Youth Offending Team
(YOT). This can include varying levels of supervision, activity requirements, curfews and
12. If a breach is deemed persistent or serious enough to warrant detention then courts will
have the option of imposing a custodial sentence of up to 3 months. This may be served in a
Young Offender Institution, Secure Training Centre or Secure Children’s Home. Allocation will be
made by the Secretary of State on the advice of the Youth Justice Board.
Domestic Violence Prevention Notices and Orders
13. The police will be given the power to issue a Domestic Violence Protection Notice (DVPN)
to a perpetrator of domestic violence requiring the suspected perpetrator not to contact the victim
and, in cases where the perpetrator and the victim co-habit, excluding the perpetrator from the
premises for 48 hours. If appropriate, this process could run in tandem with any criminal
14. Within those 48 hours the police will apply to a magistrates’ court at which the magistrates
will be asked to make a Domestic Violence Prevention Order (DVPO) for up to a maximum of 28
days. Victims cannot be compelled to attend this hearing.
15. Breach of a DVPO will be dealt with as contempt of court and can be punishable by a fine
or a custodial sentence.
Mandatory parenting needs assessment where a child is considered for an ASBO
16. The Bill will amend the Crime and Disorder Act 1998 to oblige agencies applying for an
ASBO on a child aged 10 to 15 years to carry out an assessment of parenting needs before the
ASBO application is considered by a Court.
Mandatory parenting orders for parents or carers children who breach an ASBO
17. The Bill will amend the Crime and Disorder Act 1998 to provide a presumption that the
courts must make a Parenting Order on parents or carers of 10 to 15 year olds who breach their
Antisocial Behaviour Order.
Licensing of vehicle immobilisation businesses
18. The Bill will introduce compulsory business licensing arrangements requiring vehicle
immobilisation businesses to provide the Security Industry Authority with specific information by
way of registration and compliance with a compulsory code of practice through third party
19. Business licensing will include general and sector specific licence conditions which
businesses would have to abide by in order to obtain and retain their business licence. The
proposals for conditions are set out in more detail in the individual Impact Assessment for the
Possession of an unauthorised mobile phone in prison
20. The Bill will introduce powers under the Offender Management Act 2007 to make the
unauthorised possession of a mobile phone (and component parts) within prison grounds a
criminal offence. This would attract a maximum penalty on conviction of up to two years’
imprisonment and/or an unlimited fine. The offence will be applicable to all those who enter a
prison, including prisoners, visitors and staff.
Reducing the statutory reporting requirements for stop and search
21. The Bill will reduce the statutory recording requirements for a stop and search encounter
the officer’s details;
what the officer was looking for (i.e. stolen property, drugs, firearms, offensive
weapons, going equipped, criminal damage or other);
the reason for the stop and search; and
the individual’s self-defined ethnicity
in all cases where either no further action is taken or where action short of arrest and immediate
custody is taken.
Failure to safely store an air weapon
22. The Bill will introduce a new offence for individuals who fail to take reasonable measures
to keep their air weapon stored safely, thereby allowing a young person to gain access to it. The
offence will be summary in nature with a maximum penalty of a level 3 fine (£1,000).
23. The provisions of the Bill impact mainly on victims of crime, their families, parents of
children who display antisocial behaviour, gang members, owners of air weapons, the public
sector (local authorities, police, courts, prison service and other agencies within the criminal
justice system, Security Industry Authority (SIA) and the private sector (vehicle immobilisation
businesses to be regulated by the SIA).
Costs and benefits
24. The table below outlines the costs and benefits of the proposed changes.
Costs and Benefits
Summary of costs Summary of savings/benefits
Ensuring the right people are on the
This provision will incur one-off costs of
between £51.4m and £53.4m. The average
annual costs (excluding one-off costs) are
estimated to be £4.8m) This is broken
down as follows:
£11.2m (one-off) to delete orphaned The provision would bring the benefit of re-
profiles and re-programme offending individuals being caught due to the
computer software retention period.
£14.1m to £16.1m (one-off) +
£4.4m/year to destroy DNA samples There would also be potential savings of £5.1m
£26.1m (one-off) + £389,000/year to (one -off) and £7.8m/year in refrigeration savings.
destroy adult and under 18s
fingerprint records The total savings of the provision over 3 years are
estimated to be £28.1m, including one-off savings
The total cost of the provision over 3 years of around £5.1m.
(excluding one-off costs) is estimated to be
£65.7m to £67.7m, including one-off costs
of around £51.4m to £53.4m.
All costs would be met by individual forces.
Retrospective collection of biometric
data from serious violent and sexual
The average annual costs of this provision There would be a potential saving on investigation
are estimated to be between £276,000 and and prosecution time as a result of speculative
£381,000. This is broken down as follows: DNA and fingerprint searches against crime scene
£250,000 per annum to cover the samples for both past and future offences.
additional cost of taking and storing
Between £26,000 and £131,000 per
annum to cover the time and travel
costs incurred by those required to
attend a police station to provide a It is difficult to quantify the benefit in monetary
DNA sample terms, although the potential public benefit in
deterring or preventing even one further serious
The total cost of the provision over 3 years crime is significant.
is estimated to be between £828,000 and
All costs would be met by individual forces.
Under 18 gang injunctions
The average annual costs of this provision
are estimated to be between £330,000 and
£615,500, based on high/low unit costs and
70-90 injunctions being obtained. This is
broken down as follows:
The intervention is expected to provide the
£48,000 - £68,000 for County Court following benefits:
Reduction in violent gang offences in affected
£281,000 - £553,000 for Fees, Legal
Aid, Supervision Orders and
Custody Reduction in other offences related to gangs
due to prohibitions.
DA clearance has been obtained on the Protection of community from individuals who
basis that the policy will be piloted in a are involved in gang-related violence.
particular geographical area. Increased public confidence in police and
local authority ability to deal with gangs.
Estimated costs for the pilot are between
£24,750 and £92,300. The Home Office has
agreed to fund any costs arising from the
pilot, either in whole or in partnership with
Domestic Violence Prevention Orders
DA clearance has been obtained on the The provision is expected to provide the following
basis that the policy will be piloted in two 2 key benefits:
police force areas from October 2010. The Reducing repeat victimisation of domestic
pilot will aim to measure national costs and violence
impact of the policy. Providing police-led immediate protection to
victims of domestic violence where,
Estimates for the pilot (based on between currently, immediate protection does not
250 and 300 DVPOs being issued) are as exist.
The evaluation of the pilot will include a robust
assessment of the savings that will be made as a
£250k pilot set up and implementation result of this policy. Net reductions in repeat
costs: incidents of domestic violence, may result in
Local police coordination of the pilot; savings in the following areas:
training for pilot staff and agencies
involved; CJS: a reduction in repeat victimisation
caseworker support; would result in savings to all aspects of the
court IT infrastructure. criminal justice system. Domestic violence
has been estimated as costing the CJS
£450k capped running costs which will £1.2bn (Walby and Allen, 2004).
Homelessness: by removing the perpetrator
rather than the victim and her family there
will be less of a need to supply emergency
refuge accommodation (costs £103 per
week to place a women in a refuge) or re-
cover: house the family (£4k per family)
Net additional costs to Legal Aid of Healthcare: a reduction in repeat
granting DVPOs in the pilot period victimisation may also result in savings to
Net additional costs to Legal Aid of the healthcare system. Domestic violence
granting subsequent applications for has been estimated as costing the CJS
longer-term protective orders (Non- £1.6bn (Walby and Allen, 2004).
Molestation Orders and Occupation
Orders We anticipate substantial savings to accrue to
Police costs for applying for, and all agencies from the potential reductions in
enforcing, DVPOs. repeat victimisation as a result of DVPOs.
These may include reduced costs of criminal
The Home Office has agreed to fund any prosecutions and support services required for
costs arising from the pilot, either in whole victims of domestic violence.
or in partnership with pilot agencies.
Based on existing available data (at the time of
publishing this Assessment), these are
These costs are an estimated range, based examples of two potential savings as a result of
on a number of assumptions, which will be DVPOs:
tested and revised through the pilot that will
commence in October 2010 for a minimum
In the pilot period, the estimated savings in
of 6 months (max 12 months).
police re-attendance during the DVPO period
are between £2k and £2.4k (Source: ACPO
This is a discrete pilot that will be fully Violence Against Women and Girls Review, to
evaluated and DVPOs will be available for be published Nov ’09).
use in the pilot for a trial period for the
purpose of evaluating the effectiveness of In the pilot period, the estimated savings in
the provisions. At the end of the pilot refuge housing as a result of the DVPO are
period, DVPOs will be stopped whilst the between £110k and £130k (Sources: .ACPO
evaluation is completed. Review – as above – and an IDVA services
evaluation published by The Hestia Fund and
The Henry Smith Charity, 2008).
A further Impact Assessment will be
developed after the joint Home Office/MoJ
At a micro level, the potential savings to housing
evaluation of the pilot to determine the
services can be illustrated. The current estimated
national costs and potential impact of
unit cost of a DVPO is between £1.2k and £1.5k. In
the pilot, we will be exploring the impact of DVPOs
on families having to be re-housed which has a unit
cost of £4k. This is particularly important as in a
study by Shelter, 40% of all homeless women
stated that domestic violence was a contributor to
Mandatory Parenting Orders for parents
or carers of 10-15 year olds who breach
Although the latest data show that 390 The benefits of the provision would be a
ASBOs were issued to this age group, the reduction in the breach rate for ASBOs and an
number of additional Parenting Orders improvement in the behaviour of the young
being issued per annum is very difficult to person. This would save court time as well as
quantify because we do not know how agencies’ time. It would also prevent future
many cases will fall into the category of offending.
It has been identified that the majority of young
Parenting Orders are issued by the courts people entering custody for breach of an ASBO
and this will be zero cost (as confirmed by were prolific offenders. Youth Justice Board
the Ministry of Justice). This is because the research confirms that a small but significant
order will be ancillary to the ASBO. minority is responsible for a very high proportion
of anti-social behaviour. In the study 43 young
£97m is paid to the Youth Justice Board for people were responsible for 1779 offences.
prevention work and parenting programmes
are funded out of this.
Mandatory Parenting Needs Assessment
where a child is considered for an ASBO
Although the latest data shows that 390
ASBOs were issued to this age group in
2007, there are unlikely to be a noticeable
increase in costs to agencies from this
provision. Central Guidance already
requires an assessment of the young The provision would ensure that parents whose
person’s circumstances and any such children’s behaviour is sufficiently serious to
assessment should already warrant being considered for an ASBO have their
needs assessed and met. This would enable them
parenting issues. The provision will ensure
to take responsibility for the behaviour of their
that this is done thoroughly and uniformly
across the country. children and given them a better chance to control
them. This engagement would help to prevent
further ASB and reoffending which would reduce
The Youth Justice board estimates that
court costs and the resources of the agencies that
Parenting Assessments should cost no
tackle ASB although this cannot be quantified.
more that £200.
The Youth Justice board estimates that
Parenting Assessments should cost no
more than £200.
Licensing of vehicle immobilisation
Estimated annual cost to (250) vehicle
immobilisation businesses: The current requirement for all vehicle
immobilisation operatives to re-licence every year
£400 assessment fee
(at a cost of £245) will be reduced to every 3 years.
£300 development costs This would give a total average annual benefit of
£700 licence processing cost around £360,000 and a total benefit of
£700 intelligence and compliance cost approximately £1m over 3 years.
£2,100 Total annual cost
There will be an associated reduction in individual
licence holder’s time spent completing forms.
The total average annual cost of the
provision is estimated at £525,000
The key benefit for citizens will be to make vehicle
immobilisation businesses accountable and subject
The total cost of the provision over 3 years to compulsory conditions which will reduce the
is estimated to be £1.5m. potential for public harm and remove unacceptable
All costs would be funded by the SIA (from
fees) and by the individual vehicle
Offence of possession of an
unauthorised mobile phone in prison
The new offence will lead to additional The key benefits to citizens are the potential
investigation and administrative work for the reduction in crimes committed as a result of the
Police, prosecutors and the courts. The use of mobile phones in prison. Additional benefits
introduction of a prison sentence for illegal
possession of mobile phones will impose
costs on the prison service.
might arise from the further incapacitation of
The average annual cost of the provision is criminals due to additional sentences, leading to
estimated at £0.5m. the prevention of potential criminal activities.
The total cost of the provision over 3 years
is estimated to be £1.5m
Reducing the reporting requirements for
stop and search
The provision would save around £4.2m per year
There may be marginal costs to police by reducing the time spent on stop and search
forces associated with revising existing processes by u to 15 minutes per encounter.
recording processes for case disposals
when further action is taken or proposed Other key benefits would include improved contact
following stop and search. There would be between the Police and other public which would
one off costs and are likely to be negligible. raise confidence within communities about the use
of stop and search powers to prevent and deter
Offence of failure to safely store an air
Costs are based on an estimate of two
offences each year and the cost of buying
security devices for 100,000 existing
owners of air weapons. The cost of the
provision are broken down as follows, none
of which fall to the Home Office:
overall annual cost for new owners
purchasing security devices: The provisions would provide a deterrent to the
£40,000 minority of owners who might be careless with their
annual costs to the criminal justice air weapons. The prospect of a substantial fine and
system: £2,000 (MoJ have a criminal record would prompt them to store their
confirmed that they will pay for air weapon more responsibly. This would reduce
these costs) the opportunities for unauthorised access by young
one-off cost to existing owners: people and consequently the number of instances
£1million where young people are injured or killed with air
The average annual cost (excluding one-off
costs) of the provision is estimated to be
The total cost of the provision over 3 years
is estimated to be £1.126m, including one-
off costs of £1m.
Specific Impact Tests: Checklist
Use the table below to demonstrate how broadly you have considered the potential impacts of your
Ensure that the results of any tests that impact on the cost-benefit analysis are contained within
the main evidence base; other results may be annexed.
Type of testing undertaken Results in Results
Evidence Base? annexed?
Competition Assessment Yes/No Yes/No
Small Firms Impact Test Yes/No Yes/No
Legal Aid Yes/No Yes/No
Sustainable Development Yes/No Yes/No
Carbon Assessment Yes/No Yes/No
Other Environment Yes/No Yes/No
Health Impact Assessment Yes/No Yes/No
Race Equality Yes/No Yes/No
Disability Equality Yes/No Yes/No
Gender Equality Yes/No Yes/No
Human Rights Yes/No Yes/No
Rural Proofing Yes/No Yes/No
Keeping the right people on the DNA database (Home Office, May 2009)
Together we can end violence against women and girls strategy (Home Office, March 2009)
Licensing of vehicle immobilisation businesses (Home Office, 30 April 2009)
Extending our reach: a comprehensive approach to tackling organised crime (Home Office, July 2009)