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Delivering justice

Delivering justice. Stalking or H arassment – Tackling Stalking Together Karen Morgan-Read Violence Against Women and Girls Strategy Manager. Legal Context. Protection from Harassment Act 1997

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Delivering justice

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  1. Delivering justice Stalking or Harassment – Tackling Stalking Together Karen Morgan-Read Violence Against Women and Girls Strategy Manager

  2. Legal Context • Protection from Harassment Act 1997 • Amendments to include stalking - Section 111 Protection of Freedoms Act 2012 created two new offences: • Stalking, s.2A PHA 1997 • Stalking, s.4A PHA 1997 • Increased custodial sentencing mandate (10 years) in April 2017. • Stalking Protection Act 2019 to be implemented early 2020

  3. How stalking is prosecuted? • There are two main stalking offences: • Stalking (section 2A) a summary only offence, carrying a maximum of six months' imprisonment and /or a level 5 fine; • Stalking – (s.4A (1)) which can be committed two ways namely through: • fear of violence (s.4A(1)(b)(i) PHA 1997) or • serious alarm or distress (s.4A(1)(b)(ii) PHA 1997) • On indictment a maximum of 10 years custody.

  4. What is stalking ? • In England and Wales there is no specific legal definition of stalking although the legislation does include examples of what it could include. For example: • following a person; • contacting, or attempting to contact, a person; • monitoring the use by a person of the internet, email or • any other form of electronic communication; • loitering in any place (whether public or private); • interfering with property in the possession of a person; or • watching or spying on a person

  5. Stalking or Harassment - The victim’s perspective “You carry it all the time. You carry it and it’s with you day in day out. Day in day out. And you breathe it, and … it’s in the back of your mind all the time, ‘What is he going to do? What are we going to find … Who’s going to come knocking at our door?’” “There was an awful lot of victim blaming. It wasn't her fault for sending abusive Facebook messages, it was my fault for being on Facebook… And the only way to stop these messages is if I deactivate my Facebook account, and come off social media. I didn't think that was very fair at all”

  6. Joint Inspectorate Reports 2017 • The joint HMICFRS / HMCPSI report ‘Living in fear – the police and CPS response to harassment and stalking’ in July 2017 said whilst the police and CPS were taking positive steps to protect victims of stalking or harassment, in many cases they failed to: • Identify stalking or harassment correctly – particularly the escalation of stalking behaviour – leaving victims at risk of further harm; • Recognise the continuity, escalation and severity of stalking • behaviour; and • Consider the wider history of offending resulting in under-charging • and inappropriately accepting of pleas to lesser offences.

  7. HMIC / HMCPSI report • The main issues identified in the report included: • Understanding and recognising stalking; • Crime reporting and recording; • Investigation; • Victim care; and • Prosecution

  8. What do we do differently?

  9. How we approach stalking now • We have developed a new approach. We: • Apply principles to cases of harassment or stalking; • The ‘or’ is important; • In cases of harassment we will need to first think why isn’t this a case of stalking; • Work together with the police and • specialist victim services

  10. Joint description of stalking We now have a joint police and CPS description of stalking ‘a pattern of unwanted, fixated and obsessive behaviour which is intrusive. It can include harassment that amounts to stalking or stalking that causes fear of violence or serious alarm or distress’.

  11. What is the difference between stalking or harassment ? • It is important to remember that behaviour which makes up stalking or harassment may involve the same individual acts. • What differentiates it is: • Context in which the behaviour takes place; • Motivation of the defendant; and the, • Impact of the behaviour on the victim.

  12. What is the difference between stalking or harassment ? • Stalking will often focus on a person, whereas harassment will often focus on disputes. • Is there evidence to suggest that if the problem was resolved, the behaviour would stop? • Is the behaviour? F O Obsessive U Unwanted R Repeated

  13. Where we are now? • Since the inspection together we have: • Developed a joint protocol (with NGOs and academics) including a checklist to set out shared understanding of issues, improve the identification of stalking cases, and ensure better care for victims; • The checklist helps drive the investigation; • Refreshed CPS E-learning training • which is mandatory for prosecutors; and • Developed a role descriptions for CPS • and Police SPOCs.

  14. Alterations in the protocol • The joint protocol now: • Applies to cases of harassment as well as stalking; • Contains more direction to consider all potential evidence and in particular any course of conduct rather than individual acts; • Applies lessons learnt from coercive and controlling behaviour; • Directs police to consider the impact of the behaviour on the victim from the outset and concentrate on assessing and managing risk; • Directs police and CPS to consider the draft terms of a restraining order from the beginning; and • Addresses any issues between police and CPS encouraging Early Investigative Advice in complex cases.

  15. The role of the SPOC • Role of the SPOC is embedded in the Protocol. • All police forces and CPS Areas have appointed a Single Point of Contact (SPOCs) for stalking and harassment cases. • SPOCs should make contact monthly to discuss: • reporting, • referrals, • charging, and • prosecutions, in relation to stalking or harassment within their area. • Role descriptions have been developed to support this work. • Agencies should work together to identify opportunities in awareness raising and improving the support to victims and witnesses.

  16. Stalking Protection Orders • The Stalking Protection Act 2019 received Royal Assent 15 March 2019. • It introduces a new civil Stalking Protection Order. • Police will make the application and do not need to have the support of the victim. • The order will have the flexibility to impose both restrictions and requirements on perpetrators. • Breach of the order will be a criminal offence • Implementation of the orders is likely to take place in January 2020. • Statutory guidance will be published to support this.

  17. The Future

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