Anti-social Behaviour, Crime and Policing Bill

Baroness Brinton Excerpts

Wednesday 4th December 2013 Lords Chamber

[Lord Rosser]

My Lords, in the discussions on the Protection of Freedoms Bill a cross-party alliance argued that stalking should be made an offence, which led to the Government accepting the point. However, there now appears to be a need to monitor the implementation of the new law and the progress of training provisions for the police. This is why we have tabled this amendment, which asks the Home Secretary to carry out a review of progress and implementation of the provisions used by the police to address stalking.

We have called for national standards on police training for domestic and sexual violence, including stalking. Victims repeatedly say—fairly or unfairly—that police officers do not understand stalking and are not aware of the new laws and, as such, are reluctant to intervene. Police information notices—often referred to, perhaps wrongly, as harassment warnings—are apparently sometimes being handed out rather as a matter of course in stalking cases to victims and the alleged perpetrators alike, which certainly victims regard—again, rightly or wrongly—as a failure properly to investigate the complaints.

As I understand it, the number of arrests in the first six months of stalking being an offence was just over 300. This is in marked contrast to the situation in Scotland. In the 30 months since its law was introduced, it had just over 1,400 detections recorded, and, of those, just under 1,050 had commenced prosecution. Of that figure of just under 1,050, 450 had resulted in convictions and 315 still await prosecution. This suggests that the figures for England and Wales are well below expectations taking into account the massive difference in population with Scotland, which has only approximately one-tenth of the population of England and Wales. Therefore, these figures are surprising and do not appear to reflect the seriousness of stalking.

Case material that has apparently been received by the National Stalking Advocacy Service shows outstanding training needs, particularly understanding the nature of the new laws, the need to consider all stalking behaviour when victims complain and the serious nature of this criminal stalking behaviour. Even though the Government have made stalking an offence, which obviously is major progress, this alone is not enough to make it work. Given some of the evidence that is now coming to light, there appears to be a case that a review is needed on the implementation of the provisions used by the police to address stalking, and that is what Amendment 56YF seeks to achieve.

[Baroness Brinton (LD)]

My Lords, I was one of those who spoke on a number of occasions during the passage of the then Protection of Freedoms Bill on the issue of stalking. Like others, I welcome the implementation of that Act.

I endorse the points made by the noble Lord, Lord Rosser, but wish to add two or three more. In addition to the worry about the numbers of arrests and charges, the geographical data are also very patchy. There have been 133 arrests in the Met area but none in Gloucestershire. Lancashire has had 36 arrests, there have been 20 in the Thames Valley, 14 in Suffolk, 12 in Bedfordshire but just two in Merseyside. These disparities are also reflected in the actual charge rates, should the issue progress to that. What these data seem to be saying is that some forces have trained and prepared their officers for the new offence but others have not. When the stalking clauses were discussed during the passage of the then Protection of Freedoms Bill, there was cross-party agreement that there would not be real change in stalking offences until the culture not just in the police but in the criminal justice system changed and they understood the new law and how to implement it. It is good news that the College of Policing will cover this training in the future, but can the Minister say where and how much training has been undertaken in the past 18 months since the legislation was concluded, so that those areas not implementing the new law are prodded into action?

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[Lord Taylor of Holbeach]

My Lords, this proposed new clause provides an opportunity for me to update noble Lords on the work that has been done since the commencement of the new offences in the Protection of Freedoms Act 2012 on 25 November 2012 to tackle stalking.

We agreed that there was a gap in the law and, on that basis, introduced two new offences of stalking and stalking where there is a fear of violence, serious alarm or distress. These sit alongside the existing offences of harassment and putting people in fear of violence in the Protection from Harassment Act 1997. The stalking offences recognise that the fixated and obsessive nature of stalking differs from harassment.

Crown Prosecution Service figures show that in 2012-13 prosecutions were commenced for more than 8,000 harassment offences, and 91 prosecutions were in relation to the new stalking offences. One has to understand that these figures represent the number of prosecutions initiated within a relatively few months of these offences being introduced. I think that all noble Lords will agree that it takes time for prosecutions to progress through the criminal justice system. We will certainly be monitoring official data and we expect to see an increase in the number of prosecutions and convictions. Police and other professionals need to ensure that they are equipped to make the distinction between harassment and stalking in these complex cases. Official data from the Ministry of Justice on convictions and sentencing will be available in May 2014.

I reassure both my noble friend Lady Brinton and the noble Lord, Lord Rosser, that there is obviously a difference in the situation in which Scotland finds itself compared with England and Wales, in that the legislation in Scotland has had time to bed down longer than it has here. The overall position in Scotland is positive, which suggests that the legislation is useful and we can learn from its experience.

Legislation, of course, is not sufficient on its own. We acknowledge that there is still more to do and I am pleased to have the opportunity to outline the steps that we are taking to ensure that the legislation is used to maximum effect. We need to ensure that police and prosecutors have the training necessary to tackle this type of crime. All newly qualified police officers, uniformed officers and investigators and public protection officers are expected to complete the training developed by the College of Policing as part of their continuous professional development. Since October 2012, the stalking and harassment training package has been completed 44,844 times, which is a rather nice number for anyone who is interested in beautiful numbers.

In addition, the Crown Prosecution Service developed an e-learning module to further support prosecutors in prosecuting cyberstalking, non-cyber stalking and harassment. This new e-learning module was launched in November 2012 to coincide with the commencement of the new stalking offences and has been mandatory for all prosecutors since June. More than 1,000 Crown Prosecution Service lawyers have completed the training since it became mandatory.

The national policing lead for stalking and harassment and the Director of Public Prosecutions wrote jointly to all chief constables and chief Crown prosecutors as recently as last month, identifying areas where the police and the Crown Prosecution Service will work together to improve the response to stalking. They intend to address these issues in a joint national protocol between the police and the Crown Prosecution Service, which is expected to be published next spring.

My noble friend Lady Brinton asked why certain police forces have trained a low number of officers on stalking offences. There is differential between some police forces and others. Chief constables have responsibility for ensuring their officers are effectively trained. Priorities for forces are informed by the plans of their police and crime commissioner. That is why the Home Office is engaging with police and crime commissioners to raise their awareness of violence against women and girls issues, including stalking. The noble Baroness also asked about sentencing guidelines. The Sentencing Council plans to start work on the new public order guideline in 2014 and consideration will be given to including guidance on the new stalking offences as part of this work. I am grateful to my noble friend for mentioning that issue.

I share the desire of the noble Lord, Lord Rosser, and my noble friend to ensure the new legislation is effective. We will be happy to update the House on the progress of our work in this area in due course, and the Government of course expect to be held to account through the usual parliamentary channels. I am not inviting Parliamentary Questions but I am sure that they will follow if I do not keep the House properly informed. However, I am not convinced that these provisions should be singled out in a particular way by imposing a duty to review the progress and implementation of the provisions used by the police. As noble Lords will know, all legislation is reviewed on a regular basis in any event. On the basis of my response to this debate, I hope that the noble Lord will withdraw his amendment.

[Baroness Brinton]

I thank the Minister for that comprehensive answer on training, but one area that was not covered was the judiciary and magistrates. Perhaps the Minister could write to me with that information at a later date.