The Crime and Policing Act 2026: A Turning Point for the British Justice System?

The Crime and Policing Act 2026 represents one of the most significant criminal justice reforms introduced in recent years. Presented by the Government as part of its wider "Safer Streets" agenda, the legislation seeks to strengthen police powers, tackle organised crime, improve protections for victims, and restore public confidence in policing.

Supporters of the Act argue that it modernises the justice system to deal with increasingly sophisticated offending, particularly cyber-enabled crime, organised theft, and violence against women and girls. Critics, however, warn that many of the new powers risk expanding state intrusion without addressing the deeper structural problems affecting the criminal justice system, including court backlogs, underfunded policing, and prison overcrowding.

This article examines some of the key reforms introduced by the Act and considers what impact they may have on the British justice system in practice.

Expanded Police Powers

One of the most widely discussed aspects of the Act is the significant expansion of police powers.

Perhaps the most controversial reform is the creation of a new power allowing police officers to enter premises without a warrant where stolen property has been electronically geolocated. The relevant provisions, contained within Part 2 of the Act, amend the Theft Act 1968 to create a specific power of entry, search and seizure where electronically tracked stolen goods are believed to be on the premises. In practical terms, this means that if a victim tracks a stolen mobile phone, laptop, or other device using GPS or similar technology, officers may be able to enter and search premises without first applying to the Magistrates' Court for a warrant.

The Government has justified the change on the basis that theft investigations often rely upon rapid intervention during the so-called "golden hour" after the offence. Delays in obtaining warrants can allow stolen property to disappear or be moved before police arrive.

The Act does contain safeguards. The power requires authorisation from an officer of at least Inspector rank and is intended to operate alongside existing protections under the Police and Criminal Evidence Act 1984.

Nevertheless, concerns have already been raised regarding proportionality and oversight. Critics argue that electronic location data is not always reliable and that entering a private home without judicial authorisation risks undermining long-established civil liberties protections.

The Act also broadens police powers relating to drug testing on arrest under amendments to existing provisions within the Criminal Justice and Court Services Act 2000. Officers may now require suspects arrested for a wider range of offences to undergo testing for Class B and C drugs in addition to Class A substances. The Government argues this will help identify offenders whose criminal behaviour is linked to substance misuse and increase opportunities for intervention and rehabilitation.

Tougher Approach to Theft and Antisocial Behaviour

The Act signals a noticeably tougher approach to acquisitive crime and antisocial behaviour.

One notable reform is the repeal of provisions that had previously treated low-value shoplifting differently from other theft offences. In particular, the Act repeals section 22A of the Magistrates' Courts Act 1980, which had previously required certain shop theft offences involving goods valued at £200 or less to be dealt with summarily unless the defendant elected Crown Court trial. For years, retailers and police representatives argued that the existing approach created a perception that shop theft under a certain value was effectively decriminalised. The Government has now moved to remove that distinction.

The Act also creates a specific offence of assaulting a retail worker. Section 45 of the Act establishes the new offence and provides for a maximum sentence of six months' imprisonment and/or an unlimited fine on summary conviction. This follows sustained pressure from retailers and trade unions who argued that abuse and violence against shop workers had become increasingly common.

Whether the offence will significantly alter sentencing outcomes remains to be seen. Courts already possess powers to sentence assaults more severely where the victim is performing a public-facing role. However, the creation of a dedicated offence sends a clear political message that such conduct is being prioritised.

The legislation also introduces "Respect Orders" aimed at tackling persistent antisocial behaviour. These provisions sit within the antisocial behaviour sections of the Act and are intended to strengthen the powers available to police and local authorities when dealing with repeat nuisance offenders. These orders are designed to provide police and local authorities with stronger tools to manage repeat offenders whose conduct causes ongoing disruption within communities.

New Offences for Modern Criminal Activity

The Act attempts to modernise criminal law by targeting technologies increasingly used by organised criminals.

One example is the criminalisation of possessing or supplying "SIM farms" without legitimate reason. The Act introduces offences targeting the possession and supply of such devices where there is intent to facilitate fraud or wider criminality. SIM farms are devices capable of sending large volumes of scam text messages and are commonly associated with fraud operations.

The Act also creates offences relating to electronic devices used in vehicle theft, including signal jammers and relay devices used to bypass keyless entry systems. These provisions are intended to address the rapid growth in organised vehicle theft facilitated by modern electronic equipment. The Government has argued that existing legislation had not kept pace with the methods used by organised vehicle theft groups.

In addition, the legislation expands corporate criminal liability by making it easier to attribute criminal responsibility to large organisations where offences are committed by senior managers acting within the scope of their authority.

This may prove particularly significant in fraud and regulatory prosecutions. Historically, prosecutors often faced difficulty establishing the "directing mind" of large corporations. The new provisions may lower that threshold and increase corporate accountability.

Violence Against Women and Girls

A substantial portion of the Act focuses on offences linked to violence against women and girls.

The legislation introduces new offences relating to "spiking", non-consensual intimate images, and AI-generated "nudification" technology. Several of these reforms build upon and expand existing offences introduced under the Online Safety Act 2023 and the Sexual Offences Act framework. Online platforms may also face increased obligations to remove intimate content more rapidly.

The Government has also strengthened the management of registered sex offenders through amendments to notification requirements and offender management provisions within the Sexual Offences Act 2003. In some circumstances, police may now prohibit offenders from changing their names where there is a risk of sexual harm. Additional notification requirements have also been introduced for offenders managed within the community.

Supporters of these reforms argue they address serious gaps in the law, particularly in relation to technology-facilitated abuse. Critics, however, caution that enforcement will depend heavily upon already stretched police resources and digital investigation capability.

Asset Recovery and Proceeds of Crime

The Act also contains major reforms to confiscation proceedings under the Proceeds of Crime Act 2002, including amendments aimed at strengthening enforcement powers and improving compensation recovery for victims.

The Government has stated that the aim is to make confiscation orders more realistic, proportionate, and easier to enforce. Courts are being given wider powers to pursue criminal assets, while enforcement agencies are receiving greater protection from adverse costs orders during civil recovery proceedings.

Importantly, the legislation seeks to redirect recovered funds toward victims where compensation orders remain unpaid.

These reforms are likely to be welcomed by prosecutors and enforcement agencies, particularly in large-scale fraud and organised crime cases where asset recovery has historically been slow and ineffective.

Impact on the Wider Justice System

Although the Act introduces numerous new offences and powers, the wider question is whether it will genuinely improve the functioning of the criminal justice system.

There is little doubt that the legislation expands the operational powers available to police and prosecutors. In particular, the emphasis on technology-enabled offending reflects the reality of modern criminal behaviour.

However, many of the justice system's most serious problems are structural rather than legislative. The Crown Court backlog remains severe, prisons continue to operate under significant pressure, and police forces across the country face ongoing resource constraints. Introducing additional offences and powers may increase investigative and prosecutorial burdens without necessarily improving the system's overall efficiency.

There are also likely to be legal challenges concerning the proportionality of some of the new powers, particularly warrantless entry provisions and expanded surveillance-related measures.

From a defence perspective, practitioners may expect increased litigation concerning the lawfulness of searches, admissibility of electronically obtained evidence, and the scope of newly created offences.

At the same time, prosecutors and victim advocacy groups are likely to welcome reforms aimed at organised crime, violence against women and girls, and improved asset recovery.

Conclusion

The Crime and Policing Act 2026 is an ambitious and wide-ranging piece of legislation that reflects the Government's intention to adopt a firmer approach to crime, public disorder, and technology-enabled offending.

Some reforms, particularly those targeting fraud, organised crime, and online abuse, may represent necessary updates to laws that had struggled to keep pace with modern offending.

However, the Act also raises important questions regarding civil liberties, police accountability, and whether expanding criminal offences and police powers can meaningfully resolve the deeper institutional pressures facing the British justice system.

Ultimately, the success of the legislation will depend less on the breadth of the powers it creates and more on how effectively those powers are exercised in practice. For criminal practitioners, the Act is likely to shape litigation, policing tactics, and sentencing for years to come.