Section 65 of the Crime and Policing Act 2026 creates an offence titled 'Controlling another's home for criminal purposes'. It is the cuckooing offence. It is not in force, and as at today nobody can be charged with it.
The Act received Royal Assent on 29 April 2026.
Section 65(1) says a person (A) commits an offence if 'A exercises control over the dwelling of another person (B)', if A does so for the purpose of enabling the dwelling to be used in connection with one or more relevant offences, and if B does not consent to A exercising that control for that purpose. The relevant offences are listed in Schedule 9 of the Act. Part 1 of that Schedule is the England and Wales list. The maximum sentence on conviction on indictment is five years.
Is cuckooing a criminal offence yet?
What has not happened is commencement. The first commencement regulations, the Crime and Policing Act 2026 (Commencement No. 1 and Saving Provision) Regulations 2026, SI 2026/689, brought a long list of provisions into force on 29 June 2026. Sections 65 to 67 are not on that list. I went and read the instrument. Until a further statutory instrument names a start date for section 65, it cannot be charged.
A minister was asked about the delay on 11 June 2026 and said the Government 'will commence the new cuckooing offence as soon as possible, once the necessary guidance is in place'. The Home Office circular on the Act says only that 'the remaining provisions will be commenced by regulations in due course'.
The section number moved
The section number also moved, which is part of why the reporting is muddled. It was clause 32 of the Crime and Policing Bill when the Bill was introduced in February 2025 and came out of Parliament as section 65. Plenty of articles and briefings still cite section 32.
What it is charged as instead
Taking over somebody's home to run drugs out of it has always been chargeable under other headings, and still is. Modern slavery and controlling offences. Drug supply. Threats and assault. Those are what cuckooing cases have been prosecuted as up to now.
The Cuckoo House is a novel about a house that has been taken over and the woman living in it.
Sources: Crime and Policing Act 2026, section 65 and Schedule 9, at legislation.gov.uk. The Crime and Policing Act 2026 (Commencement No. 1 and Saving Provision) Regulations 2026, SI 2026/689, at legislation.gov.uk. Home Office Circular 004/2026. Written answer of 11 June 2026.
