This degree of fear maybe shared by the victim's friends, family and colleagues; the nature of the suspect's behaviour may be so extreme that the victim's physical and mental health are affected by the harassment; their vulnerability which may make them particularly susceptible to harassment, such as mental health difficulties, physical disability, learning difficulties, or residence in an isolated location; whether they truly comprehend any risks and are capable of exercising caution, for example, through applying appropriate personal safety measures such as carrying a personal alarm or securing their home. In America the first stalking legislation was passed in California in 1990, and by 1999 every other state and the District of Columbia had passed laws … It is possible that it could be raised as by individuals such as investigative journalists or Neighbourhood Watch members who claim that their activities are for the purpose of detecting or preventing crime. It is hard to envisage circumstances where a prosecution resulting from a police charge will result in the need for such a certificate. If on the trial on indictment of a person charged with an offence under this section the jury find the person not guilty of the offence charged, they may find the person guilty of an offence under section 2 or 2A. The Crown Prosecution Service These motivations will inevitably impact on the risk posed by a suspect to a victim. Where there is a choice of charges between harassment and stalking, prosecutors should consider the following principles before selecting correct charge: Each case needs to be considered on its own facts and its own merits, but where the course of conduct involves significant elements of stalking behaviour, a charge under section 2A or section 4A should be the starting point. give victims an opportunity to state how the crime has affected them physically, emotionally, psychologically, financially or in any other way. In cases of stalking where the harassing behaviour is prolonged and targeted and the victim is considered to be at high risk, it is essential that management of the case is carefully considered. 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. when the suspect is personally known to the victim, for example, a neighbour or work colleague; where the suspect does not personally know the victim but their identity is known. which involves harassment of two or more persons; and. Therefore the range of behaviour that is capable of constituting an offence under the Act is potentially very wide. There is a defence to stalking involving fear of violence or serious alarm or distress, as set out in section 4 A (3), where it can be shown that the course of conduct was: (a) pursued for the purpose of preventing or detecting crime; Contact the police if you’re being stalked - you have a right to feel safe in your home and workplace. In many circumstances, cases of stalking and harassment will come within the definition of 'domestic violence' and as such the CPS Domestic Violence Policy and legal guidance will also be relevant. It is envisaged that the additional element in the new section 4A offence will enable cases to be prosecuted when the defendant's behaviour falls short of fear of violence. Penalties for cyberstalking vary by jurisdiction and by the circumstances of the case, but they may include misdemeanor or felony charges depending on the types of threats made or actual harm caused. The offence now may be punished either as a criminal offence with a maximum penalty of five years' imprisonment, or as a civil contempt of court as before. The two jurisdictions are exclusive and prosecutors will not be involved in civil proceedings. Cyberstalking is exactly the same as the definition above, but includes the use on online tools and technologies to either enable the stalking or complete the stalking end to end. Disputes between neighbours often include issues of harassment, which may be the result of a relationship deteriorating over a lengthy period of time. A prosecution under section 2 or 4 requires proof of harassment. The phrase "substantial adverse effect on ... usual day-to-day activities" is not defined in section 4A and thus its construction will be a matter for the courts. In general, where a risk factor is identified, measures should be taken to address that factor. A power of arrest cannot be attached to an undertaking and the court must not accept an undertaking where otherwise it would be appropriate to attach a power of arrest. The woman has become nervous and anxious and begins resorting to locking up all the windows and doors and keeps on checking a number of times. London SW1E 6JP, Telephone: 020 8721 5270 introduced in the United Kingdom to address stalking and harassment, with the introduction of the Protection from Harassment Act 1997. All rights reserved. London, SW1H 9EA. The victim, although an important source of information, is just one avenue that should be explored. © 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. However, where we have obtained information, for example, if a victim has telephoned the CPS about witness intimidation or additional information is gleaned by the Witness Care Unit as part of the pre-trial preparation process, this information should be fed through to the relevant officer as a priority. Examples of such circumstances include the following: In all these examples, early intervention by use of a police notice to the suspect could be sufficient to prevent further harassment. 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. Fixated Threat Assessment Centre The law refers to stalking as a situation where an individual is fixated and/or obsessed with another. However, where material is held by the police as a result of the MARAC that informs the criminal cases or undermines the prosecution case or assists the defence there maybe a requirement for the information be relayed to the CPS. - This organisation aims to create a safer society and enable everyone to live safer lives. Section 12 of the Domestic Violence, Crime and Victims Act 2004, as well extending the availability of restraining orders to all offences, provides the court with the power to make a restraining order even when a person has been acquitted, where the court considers it necessary to do so to protect a person from ongoing stalking or harassment from the defendant. This is particularly relevant where historically it has been more difficult to achieve a successful outcome for victims. (b) contacting, or attempting to contact, a person by any means, where the defendant has obtained accommodation near the victim, the investigating officer should identify the address and interview neighbours about the defendant's movements. The PHA was introduced in 1997 largely to tackle stalking, though the offence of harassment extends to any form of persistent conduct which causes another alarm or distress. The new offences which came into force on 25 November 2012, are not retrospective, and provide further options for prosecutors to consider when selecting charges. In some cases other professionals and agencies such as probation officers and mental health professionals may feed into this risk assessment process. More information about this can be found below in the section Civil Proceedings and Legislation. The Serious Organised Crime and Police Act 2005 (SOCPA) made several amendments to the PHA to enable organisations and their employees to be better protected: Section 125(2) of the SOCPA added a new subsection 1(1A) to the PHA making it an offence for a person (or persons) to pursue a course of conduct involving the harassment of two or more persons on separate occasions which the defendant knows or ought to know involves harassment, the purpose of which is to persuade any person (not necessarily one of the persons being harassed) not to do something that he is entitled to do or to do something he is not under any obligation to do. ... Because Cyberstalking is such a grey area, cases are dragged out over huge lengths of time with no support or progress from the police. Of delusions or hallucinations a defendant for harassment or stalking the time and starting... Existing civil orders victims can also be subjected to 'collective ' harassment should note that integral. 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