UK Parliament / Open data

Criminal Justice and Courts Bill

My Lords, the law understandably frequently struggles to keep pace with changes in society, and this is never more apparent than in these days of rapid developments in technology, which increasingly include cybercrime. We are constantly reminded of the necessity of protecting our identities from the predators of the cybersphere who seek to access personal information, often in order fraudulently to access financial details and make off with our savings and investments. Our banks remind us of the dangers of phishing and most of us will have received heart-rending pleas for help purporting to come from relatives or friends allegedly stranded in some foreign country. A friend of mine discovered that someone she knew had been taken in by just such a ploy and had sent the fraudster £1,500 that she could ill afford. My friend felt obliged personally to make good that loss.

There is a multitude of ways in which identity theft can be deployed, and it is clear that fraud generally is rising, by 25% a year on the latest figures, while convictions are falling. Sometimes the individual victim may be recompensed by his or her bank or via insurance, but ultimately the cost is passed on to customers at large. Identity theft is therefore never a victimless crime. As the Home Office Select Committee averred:

“Online criminal activity which defrauds victims of money is often not reported to or investigated by law enforcement”,

agencies. We are therefore unable to measure the true extent and cost of identity fraud, especially when perpetrated through technology.

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It is true that there are a number of discrete offences that could be relevant, six in the Fraud Act 2006, and others in the Criminal Justice Act 1987, the Forgery and Counterfeiting Act 1981 and the Theft Act. However, what is surely needed is an overhaul both of the legislation and the practice of dealing with this insidious crime. My noble friend Lady Smith sought to introduce such an amendment to the Serious Crime Bill, but apparently it was not ruled in scope. Interestingly, it would appear that only three police forces have a cybercrime strategy, which is clearly inadequate in the

face of the rising incidence of attempted and actual theft, with which virtually every user of a computer will be familiar, even if only from warnings and the experience of others.

The Government have so far expressed unwillingness to take the suggestion of a new offence forward. Admittedly, it does not have the resonance, however empty, of such eye-catching measures as the “bash a burglar” provision in the anti-social behaviour Bill of last year, or even some of the gimmicks that adorn the present Bill. Nevertheless, I hope that the Secretary of State and the Home Secretary will look again at the issue from the perspective of both departments. I take it that that is why the noble Lord, Lord Taylor, is here. We need action to strengthen the law and to resource adequately the investigation and prosecution of this crime. It is a serious and growing problem, and I would be disappointed if the Government do not react more positively to the suggestion that is made here, not only by me but by others who are concerned to protect the public from this constant threat, all too often realised at great personal loss. I beg to move.

Type
Proceeding contribution
Reference
755 cc484-5 
Session
2014-15
Chamber / Committee
House of Lords chamber
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