Stalking and Harassment

Malicious communications act 1988

• any person who sends another person a letter, electronic communication/ article which conveys a message which is indecent/ grossly offensive

• Purpose to cause distress/ anxiety

Protection from harassment act 1997

• S2: harassment without fear - course of conduct (at least 2 occasions) which amounts to harassment of another which he knows/ ought to know amounts to harassment

• S4: harassment with fear - same as above but causes fear of violence on both occasions

• S2a: stalking without fear - course of conduct that amounts to stalking which he knows/ ought to knows is stalking

• S4a: stalking with fear - same as above but causes fear of violence on both occasions or serious alarm/ distress that has a substantial adverse effect on usual day to day activities

• S1a: collective harassment - harassment of 2 or more persons that he knows/ ought to know involves harassment and intends to persuade any person not to/ do something

Harassment

• persistent and deliberate unacceptable and oppressive conduct

• Targeted at another

• Calculated to cause alarm, fear/ distress

• Must reach a level of seriousness beyond irritation/ annoyance

• Could be directed at an individual or group

Stalking

a pattern of unwanted, fixated and obsessive behaviour which is intrusive e.g.

• following

• Contacting

• Publishing material/ statements

• Monitoring

• Loitering

• Interfering with a persons property

• Watching/ spying

• Stalking by proxy: anyone connected to the victim

Defences to harassment and stalking

• prevention of detection of crime

• Enactment/ rule of law

• Reasonable for the protection of himself/ another or property

Investigate

• report a course of conduct on at least 2 occasions

• Identify crime

• Consider evidence

• Complete DARA/ PPN, harm reduction plan and safeguarding

• Robust investigation

Disposal options

• restraining order

• Civil injunctions: applied for by the victim in a civil court and orders offender to cease conduct

Stalking protection order

• civil order made by the police chief officer to magistrates/ youth court

• Breach = criminal penalties

• Can be positive or negative restrictions/ requirements e.g. attend classes

• Tailored on a case by case basis

• Must be evidence of stalking that poses a risk and the order is necessary to protect

• Should be considered at the start of investigation to ensure protection throughout

• Lasts up to 2 years

Interim order

same as an SPO but threshold to achieve is lower

Offences regarding orders

• failure to not fit police of notification requirements, name or new address within 3 days

• Provide information known to be false

• Failure to comply with request of fingerprints, photographs, both

• Breaches order