Cuckooing is the practice of criminals taking over the home of another person, often a vulnerable one, to use it for crime. The Crime and Policing Act 2026 creates a specific offence of controlling another person’s home for criminal purposes. This article summarises section 65 to 67 of the Act on legislation.gov.uk, the government’s factsheet on the new offence and the Home Office’s county lines guidance for frontline staff in England and Wales. When this article was written, legislation.gov.uk showed the offence as prospective: it was not in force at Royal Assent and awaits commencement regulations. It is general information, not legal advice.
The offence in the Act
Section 65 provides that a person commits an offence if they exercise control over another person’s dwelling, do so for the purpose of enabling the dwelling to be used in connection with one or more relevant offences, and the occupier does not consent to that control for that purpose. The offence is drafted for the whole United Kingdom, with a separate list of relevant offences for dwellings in England and Wales, Scotland and Northern Ireland in Schedule 9. The English and Welsh list includes offences under the Misuse of Drugs Act 1971, the Firearms Act 1968, the Theft Act 1968 offences of theft and handling stolen goods, offensive weapons offences and many sexual offences.
The maximum penalty on conviction on indictment is 5 years’ imprisonment or a fine, or both. Summary penalties are set separately for England and Wales, Scotland and Northern Ireland. Section 67 lets ministers amend Schedule 9 by regulations, and the government factsheet says this is meant to future-proof the offence.
What counts as controlling a home
Section 66 defines a dwelling widely. It covers any structure or part of a structure occupied as a home or other living accommodation, whether the occupation is separate or shared, together with any yard, garden, grounds, garage or outhouse belonging to it or used with it. Structures include tents, caravans, vehicles and vessels. Control includes, whether temporarily or permanently, control over who can enter, leave, occupy or use the dwelling, the delivery or collection of things, the way or purposes for which it is used, and the occupier’s ability to use the home for their own purposes. It also covers arranging for another person to exercise that control.
Consent
The Act says an occupier consents only if they are aged 18 or over, have capacity to consent, are given enough information to make an informed decision, give consent freely and have not withdrawn it. The factsheet adds that consent obtained by coercion, deception or other abusive behaviour is not freely given. This matters because cuckooing often involves an occupier who appears to let people in. The factsheet describes typical victims as people with disability, drug or alcohol dependency, or who are elderly or socially isolated.
Commencement and what applies meanwhile
Section 255 provides that, subject to some exceptions, the Act comes into force on days appointed by the Secretary of State by regulations. Sections 65 and 66 show as not in force at Royal Assent, and the factsheet says statutory guidance will be issued to support the offence, with police chiefs and the National Crime Agency having a duty to have regard to it. Until the offence is in force, other offences and civil tools can be used. The Home Office guidance says police, local authorities and housing associations can act to evict offenders and support the victim to regain control through civil orders such as Closure Orders and Community Protection Notices, and it adds that the impact of any order on the victim’s safety should be considered.
The factsheet reports there is no central data on cuckooed properties, but a June 2025 week of intensified action against county lines gangs saw 584 suspected cuckooed properties visited, according to the National Police Chiefs’ Council.
Signs the Home Office lists
The county lines guidance lists signs of a cuckooed property, written for frontline staff in England and Wales:
- unfamiliar people coming and going at all hours, or an increase in key fob activity;
- more foot traffic or loitering around the property, or takeaway deliveries at unusual hours;
- more noise and disturbance, such as late-night parties or arguments, or signs of anti-social behaviour such as littering;
- damage to the property, such as broken windows or doors; and
- threats or intimidation towards other residents or neighbours.
The guidance stresses that victims may not see themselves as victims, and professionals should put the victim first. Related guides cover repeated anti-social behaviour and the sanctuary schemes through which councils fund home security.
Reporting a concern
GOV.UK says to call 999 if someone is in immediate danger or a crime is in progress, and otherwise to report a crime on 101 or online. Crimestoppers takes anonymous reports on 0800 555 111, but GOV.UK states it cannot be used to report that someone is in danger or that the caller has been a victim of crime. The factsheet says government guidance for police and partners on supporting and protecting victims of cuckooing will be published. The entitlements of crime victims after a report are covered in the guide to what the Victims’ Code entitles crime victims to.
The bottom line
The Crime and Policing Act 2026 creates a UK-wide offence of controlling another person’s dwelling, without their genuine consent, so that it can be used for specified crimes, carrying up to 5 years on indictment. It defines home and control widely and sets strict conditions for valid consent. At the time of writing the offence was prospective and not yet in force, so existing offences and civil orders such as Closure Orders and Community Protection Notices apply meanwhile. Concerns can be reported by 999 in an emergency, 101 or Crimestoppers.
Sources
- Crime and Policing Act 2026, sections 65 to 67, 255 and Schedule 9 (legislation.gov.uk)
- Crime and Policing Act 2026: child criminal exploitation, cuckooing (home takeover) and internal concealment factsheet, Home Office and Ministry of Justice (gov.uk)
- Criminal exploitation of children and vulnerable adults: county lines, Home Office (gov.uk)
- Report a crime (gov.uk)