In such circumstances the charging lawyer may decide that the case does not meet the threshold element of the evidential stage of the Code for Crown Prosecutors and that the defendant's continued remand in custody is not justified. Email info@suzylamplugh.orgwww.suzylamplugh.org This information maybe crucial to the: There are restrictions around the types of documents and information that can be disclosed to the police or CPS. The offer of stalking may carry a prison sentence of 6 months but it is likely that a person arrested for cyberstalking will also be arrested and possibly charged with a variety of offences involving harassment, which may carry a much longer prison sentence. Stalking 111 Offences in relation to stalking (1) After section 2 of the Protection from Harassment Act 1997 (offence of harassment) insert— “ 2A Offence of stalking (1) A person is guilty of an offence if— (a) the person pursues a course of conduct in breach of section 1(1), and (b) the course of conduct amounts to stalking. This involves referrals to mental health services (sometimes including use of police powers under the Mental Health Act 1983) and where necessary criminal investigation. A key product from the MARAC process is the production and implementation of a multi-agency risk management plan. It is necessary to prove that the conduct is unacceptable to a degree which would sustain criminal liability, and also must be oppressive (R v Curtis [2010] EWCA 123). London SW1E 6JP, Telephone: 020 8721 5270 Prosecutors should note that the list in s.2A(3) is not exhaustive and it will be open to courts to consider other acts by a defendant and conclude that those acts constitute stalking even if they are not on the s.2A(3) list. It is clearly a matter for the courts, on a case by case basis to determine whether two or more incidents amount to a course of conduct which consequently leads to persons being alarmed or distressed. While a course of conduct requires behaviour on at least two occasions, Prosecutors should note that when drafting an indictment for an either way stalking or harassment charge, the following should be borne in mind: In terms of selecting charges it is important for prosecutors to understand the difference between persons who are stalked and those who are harassed; in some cases the distinction between a stalked victim and a harassed person will not be clear cut and both definitions could easily be applied. to share information to increase the safety, health and well-being of victims; to construct jointly and implement a risk management plan that provides professional support to all those at risk and that reduces the risk of harm; to improve support for staff involved in high risk cases; and. The aims of the MARAC are as follows: The role of the MARAC is to facilitate, monitor and evaluate effective information sharing to enable appropriate actions to be taken to increase public safety. Get in touch today for more information, advice and support. All rights reserved. An offence will only be committed where a person returns within that specified period for the purpose of representing to, or persuading the resident not to do something he is entitled to do or to do something he is not obliged to do. They should be asked to ask them to log any suspect behaviour. Section 1(1A) of the PHA would potentially cover a campaign against a particular organisation, which involved actions relating to different members on different occasions. victims should also not to be afraid to inform neighbours, friends and work colleagues (unless they suspect that the individual is indeed the suspect in the case). Unless the court is satisfied that the applicant and any relevant child will be adequately protected without such a power, a power of arrest must be attached to an occupation order made following an application on notice and where the court is satisfied that the respondent has used or threatened violence against the applicant or relevant child. Prosecutors should alert the court to any proposed orders that may conflict with current civil orders. Restraining orders should be drafted to meet the particular risks presented in each case and should not be a repetition of routine clauses. Home » Cyberbullying, cyberstalking and online harassment – a UK study. The Protection of Freedoms Act 2012, s.111 created 2 new offences (inserted in PHA 1997): - Stalking involving fear of violence (s.4A(1)(b)(i) PHA 1997) OR, - Stalking involving serious alarm or distress (s.4A(1)(b)(ii) PHA 1997). The order can and sometimes should exceed the custodial period. Cyberstalking is a growing problem, but until now has not been recognised as a serious crime. Therefore the range of behaviour that is capable of constituting an offence under the Act is potentially very wide. Author: Helen Burrows. Over a period of months, her e-mails became more threatening in tone, and she demanded not only financial recompense, but a public apology. It maybe necessary to produce this information as evidence in subsequent proceedings if the defendant persists with the behaviour and denies knowledge that the victim was not encouraging his behaviour. It is therefore important that officers are alert to the possibility that such incidents could form part of a course of conduct and to take this into account during the investigation of each incident - making whatever inquiries seem appropriate to determine whether the incident is in fact part of a course of conduct. Accordingly, section 1 effectively gives complainants a choice on the mechanism by which a breach of a non-molestation order is dealt with. This is because the Stalking legislation is not retrospective. It includes practical guidance to assist those members of staff who are victims of stalking and harassment either in a domestic or non-domestic environment. the transcript of the judgment (where findings have been made or not made). Victim Support Harassment (section 2): a summary only offence, carrying a maximum of six months' imprisonment and/or a level 5 fine; Stalking (section 2A): a summary only offence, carrying a maximum of six months' imprisonment and /or a level 5 fine; Fear of violence (section 4): an either way offence, carrying a maximum of ten years' imprisonment and/or a fine on indictment; Stalking - involving fear of violence or serious alarm or distress (section 4A): an either way offence, carrying a maximum of ten years' imprisonment and/or a fine on indictment; Breach of a civil injunction (section 3(6)): an either way offence, carrying the same penalty as for the section 4 offence; Breach of a restraining order (section 5(5)); an either way offence, carrying the same penalty as for the section 4 offence; a civil tort of harassment, created by section 3. which amounts to harassment of another; and. It is regularly updated to reflect changes in law and practice. Under section 32(5) of the CDA 1998, if, on the trial on indictment of a person charged with an offence falling within subsection (1)(a), the jury find him not guilty of the offence charged; they may find him guilty of either basic offence mentioned in that provision. The order can be especially useful in preventing continued stalking and harassment by defendants, including those who are given sentences of imprisonment. However, there are some circumstances in which it can be useful to inform a suspect verbally and/or in writing that their alleged actions may constitute an offence under the Act. Any charging decision will depend on the particular facts unique to the case and each should be considered on a case-by-case basis. Section 127 of the SOCPA amended section 42 of the CJPA to provide the police with an additional power to direct a person to leave the vicinity and not return within such period as a constable may specify - which can be up to 3 months. It is sometimes difficult to link the stalking behaviour of the offender to the victim without seizing the equipment used to stalk the victims. provide criminal justice agencies with a ready source of information on how a particular crime has affected the victim involved. image caption Cases of cyber-stalking are on the increase. As more and more people become Internet users, the opportunities for abuse increase. In this case a section 2A charge is appropriate as there is a course of conduct, the course of conduct has a number of features of stalking, and although the victim is troubled by the conduct, this falls short of serious alarm or distress. This allows the court to have first hand information about the way in which the defendant's behaviour has impacted upon the victim; allow victims to express their concerns about bail or the fear of intimidation by, or on behalf of the defendant; provide victims with a means by which they can state whether they want information, for example, about the progress of the case; provide victims with the opportunity to state whether they want to claim compensation or request support from Victim Support or any other agency; and. GOV.UK is the place to find A Cocoon Watch is only implemented with the informed consent of the victim. The elements of the section 4 offence are: Section 4 also includes the following statutory defences. There is no law under which to prosecute cyberstalkers If people ignore stalkers, they will get bored and stop If you confront a stalker they will stop The penalty for this offence is imprisonment for a term not exceeding six months or a fine not exceeding level 4 on the standard scale or both. physical evidence such as documents, handwriting, fingerprints and sources of DNA. information from family proceedings that may be shared with other relevant authorities such as the police. where the victim(s) is/are a target of a campaign involving domestic extremism (for example, animal rights extremists). The offence contains four ingredients which need to be proved. Organisations providing support include the following: The National Stalking Helpline While some countries apply older laws, others have enacted specific cyberstalking laws. In particular, the use of the victim's mother's maiden name as a verification code for access to personal details should be discouraged. Telephone: 0808 802 0300www.stalkinghelpline.org The offence in section 42A of the CJPA might be used where, for example, protestors had conducted a rooftop protest at a person's home. Where the initial police investigation is complete, there may be circumstances in which a charge, caution or prosecution is not possible. It is for the defendant to show that: The elements of the section 4A offence are: In determining whether the defendant ought to know that the course of his or her conduct will cause the other person to fear that violence will be used against them or will cause the other person serious alarm or distress, the question to be determined is whether a reasonable person in possession of the same information would think it so. In such a case, it maybe relevant to remind the police that they should inform victims that they maybe able to seek additional recourse via the civil court by making application for a non-molestation order or other injunctive relief. The law refers to stalking as a situation where an individual is fixated and/or obsessed with another. Likewise, some cases will need more than one flag to ensure that the correct case handling procedures are followed and the volume and outcomes of such cases can be accurately monitored. This means that companies now have the option to take out injunctions against people harassing their employees in the name of the company and will not have to take action in the name of a particular employee. Her tone was hostile. We are then able to identify areas where improvements need to be made (including in relation to victim support and safety). Cyberstalking a child under the age of 16 or a person of any age for which the offender has been ordered by the courts not to contact is considered "aggravated stalking," a third degree felony under Florida law. When a police notice has been issued, the officer should record that fact and the nature of the notice (for example, allegations made), and offer it to the recipient to sign, indicating receipt and understanding. In general, we should proceed on the basis that if the behaviour is clearly indicative of stalking, then that is the appropriate charge and should not accept a plea to harassment simply out of expediency. The law which prohibits cyberstalking can be found in section 2A of the Protection from Harassment Act 1997. Useful items to include within this information: It is important that the terms of orders are clear, but not so prescriptive as to allow alternative forms of harassment. - Updated 23 May 2018 to include link to updated protocol on stalking and harassment, , Domestic abuse Although harassment is not specifically defined in section 7(2) of the PHA, it can include repeated attempts to impose unwanted communications and contact upon a victim in a manner that could be expected to cause distress or fear in any reasonable person. More information about this can be found below in the section Civil Proceedings and Legislation. The primary intention of this type of harassment is not generally directed at an individual but rather at members of a group. A course of conduct is the same as defined under section 7 of the PHA 1997 and referred earlier in the guidance. When preparing an order, consideration should be given to specifying the period of time that it should remain in force. Section 1 of the Domestic Violence, Crime and Victims Act 2004 (DVCVA) came into force on 1 July 2007. Such items should be shredded, burnt or disposed of by some other means which are not accessible to the suspect. Police officers will have a power of entry in relation to the new offence of stalking under section 2A of the Protection from Harassment Act 1997. The PHA does not specify what period of time should elapse between occasions. Further information about restraining orders and the prosecution of breach of the orders (as well as variation) can be found in Restraining Orders , elsewhere in the Legal Guidance. The order can be granted for a specified or indeterminate period of time, therefore, leaving the onus on the defendant to satisfy the court that they no longer present a risk to the victim. It is important when considering this type of offending to look at all relevant legislation when formulating charges. In cases of stalking and harassment, the police should encourage the use of Victim Personal Statements (VPS) when dealing with these cases. This could be a lawyer, a counsellor who can provide them with support when victims of cyberstalking blame themselves for the activities of the stalker or feel too embarrassed to talk about their experiences with people they know. Victims should be informed of applications to vary, and asked to express their views and to attend if necessary. The victim is in her 80's and suffers from a disability which causes her to walk with a limp. Section 2A is a summary offence and a person guilty of the offence of stalking is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine. a course of conduct which amounts to harassment) and. Has the defendant been convicted of a stalking offence? Read more. This can include the use of social networking sites, chat rooms and other forums facilitated by technology. The Home Office issued guidelines in relation to the stalking offences. Similarly, where a defendant has been cautioned, care should be taken before going behind the caution and charging that incident as part of a course of conduct. Cyberstalking and other forms of online harassment are phenomena that can make the victims feel frightened, depressed and isolated. b) an offence under s4 or s4A of that Act (putting people in fear of violence and stalking involving fear of violence or serious alarm or distress), which is racially aggravated for the purposes of this section. Telephone: 0845 30 30 900www.victimsupport.org.uk In practice referrals to MARAC will often come from the police. In the UK there are various laws in place to tackle the growing problems of stalking and cyberstalking. which causes another to fear, on at least two occasions, that violence will be used against him or her; or, the economic well-being of the United Kingdom; or. 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