The UK Crime and Policing Act achieved Royal Assent on 29 April 2026. In this post we’re explaining the relevance of the Act’s changes for the domain name industry, and sharing some insights from our engagement so far with the Home Office on the path towards implementation.
The Act covers a broad range of criminal activities including anti-social behaviour, sexual offences and knife crime, and enhances law enforcement and police capabilities. Importantly, it also includes measures related to the suspension of IP addresses and domain names (see Schedule 18). This blog provides more information on these powers.
Who do the domain suspension powers apply to?
Domain suspension powers apply to both domain name registries (ccTLDs and gTLDs) and domain name registrars, with a registrar defined as “a person authorised by the registry to act on behalf of end-users in connection with the registration of internet domain names.” Organisations based in the UK and in overseas jurisdictions are in scope of the powers.
What is the rationale for these powers?
The Explanatory Notes which accompany the Crime and Policing Act set out that while voluntary arrangements for domain suspension to tackle criminal activity work well domestically, this is not always the case for overseas providers, who do not always recognise informal requests from investigative agencies. In this way, the court-ordered powers provide a domestic legal basis to require organisations based in foreign jurisdictions to suspend domain names. The powers will also serve as a backstop for the small number of domestic cases when voluntary arrangements have not been successful.
Under what conditions can a judge grant an application for a suspension order?
There are four conditions which must all be met for a judge to grant an application for a domain name suspension order.
- Condition 1 is that the internet domain name is being, or will be, used for the purposes of serious crime.
- Condition 2 is that:
- (a) a UK person is using, or will use, the internet domain name for the purposes of serious crime;
- (b) a UK person— (i) is a victim of the serious crime for the purposes of which the internet domain name is being used, or (ii) will be a victim of the serious crime for the purposes of which it will be used;
- (c) the internet domain name is being used for the purposes of serious crime connected with unlicensed gambling; or
- (d) the internet domain name is hosted on a device located in the United Kingdom.
- Condition 3 is that it is necessary and proportionate to prevent access to the internet domain name to prevent it being used for the purposes of serious crime.
- Condition 4 is that:
- (a) access to the internet domain name will not be prevented unless a domain name suspension order is made; or
- (b) if access to the internet domain name is prevented otherwise than in accordance with a domain name suspension order, there will be serious prejudice to the prevention, restriction or disruption of the serious crime for the purposes of which the internet domain name is being, or will be, used.
How is ‘serious crime’ defined?
‘Serious crime’ is defined as an offence for which:
- a person over 18 who has no previous convictions could reasonably be expected to be sentenced to imprisonment for a term of three years or more; or
- if the conduct involves the use of violence, results in substantial financial gain or is conduct by a large number of persons in pursuit of a common purpose.
Serious crime can also be crime connected with unlicensed gambling if the offence, or one of the offences, which is or would be constituted by the conduct concerned is an offence under section 33 of the Gambling Act 2005.
Who can raise an application for a suspension order?
The Bill denotes “appropriate officers” which includes, in England, Wales and Northern Ireland:
- A constable
- A National Crime Agency officer
- An officer of Revenue and Customs
- A member of staff of the Financial Conduct Authority
- A person designated or appointed as an enforcement officer by the Gambling Commission under section 303 of the Gambling Act 2005.
In Scotland, it means a procurator fiscal.
How long would a domain suspension order last?
The initially specified period suspension may not be longer than 12 months, however an ‘appropriate officer’ may make an application to a judge for an extension before the end of that period. A judge may grant the application if satisfied that there are reasonable grounds to believe that it is necessary and proportionate to continue to prevent access to the domain name in order to prevent it being used for the purpose of serious crime.
What is the non-disclosure duty?
A non-disclosure duty can apply when notice of an application for a suspension order is served. As it stands, this means that if the suspension order is directed at the registry, it cannot alert the registrar and vice versa.
When is this legislation likely to take effect?
Secondary legislation is needed in order to bring these powers into effect. Home Office currently expect this to be in place by the end of November; however these are indicative timelines and subject to change.
What does this mean for Nominet’s current voluntary practices under its Criminal Practices Policy?
We have been reassured by Government that it still sees voluntary suspensions – enabled through Nominet’s Criminal Practices Policy – as the first port of call in tackling criminal activity on .UK domains. Nominet has recently onboarded the Gambling Commission – and is looking to onboard HMRC – as Law Enforcement Agencies under the Policy, given that they will have the power to raise applications for suspension under the Act, and we want to ensure voluntary suspension is an option for them too.
What are the next steps from Nominet’s point of view?
We will continue engaging with the Home Office as implementation proceeds, offering feedback on how the process will work. Nominet will be preparing for implementation, and we will provide registrars with information to support their implementation approach as rollout comes nearer.
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