Policing and Crime Bill

Debate between Baroness Brinton and Lord Ponsonby of Shulbrede

Committee: 5th sitting (Hansard): House of Lords
Wednesday 16th November 2016 Lords Chamber

[Lord Ponsonby of Shulbrede]

My Lords, I also support this amendment, to which I have put my name.

As I mentioned in an earlier debate, I sit as a magistrate in central London for crime, youth and family matters. I have been a magistrate for just over 10 years and have seen a big change in the nature of crime which we deal with in London. While there is a decreasing overall amount of crime brought to courts in London, there is a rising proportion of crime related to domestic abuse. We all receive specialist training on that matter—we have specialist courts and are very careful about the way we deal with those matters in court. It is an ever increasing proportion of our workload, so I have given out many restraining orders and have also dealt with many breaches of restraining orders. When one gives a warning to somebody who has been given a restraining order, one can never really be too stark in explaining to the offender just how serious it is. Many times you get the impression that they do not appreciate the seriousness of their activities.

Even when a defendant has been acquitted and found not guilty, you can still put in place a restraining order if you believe it is suitable, and you still have to give a suitable warning for that restraining order being put in place. The amendment deals only with people who have been convicted, but restraining orders can be put in place when people are acquitted as well.

The purpose of this amendment is as a backstop to provide the ability to have higher sentences where the courts have put in place unduly lenient sentences. The maximum is five years, but very often there needs to be a facility and an ability to increase sentences if they are felt to be unduly lenient.

[Baroness Brinton]

My Lords, one of the major concerns is that stalking is not used as a charge often enough. It is still too easy to charge with the offence of harassment, rather than stalking. We really need to make sure that the criminal justice system recognises and understands stalking—that was the law reform in 2012 that we worked hard to achieve. However, it is also important to recognise that some cases of stalking are consistently appalling and are also coercive behaviour.

The noble Lord, Lord Wigley, referred to the case of Emily Maitlis’s stalker who had previous convictions, including breaches of restraining orders in 2008, 2010, 2013, 2014 and earlier this year. I am sorry to say that that is not uncommon behaviour with stalkers and there needs to be the facility for the courts to apply for more serious custodial sentences where orders are consistently breached—not least the way that the stalking and coercive behaviour continues. One of the problems we have heard time and again from victims of domestic violence, stalking and coercive behaviour is the way other courts are used—the civil courts or family courts that do not recognise restraining orders that have been held elsewhere. We heard of information, which had not been passed to the family courts, of one former stalker who had been trying to get in front of his ex-partner through the family courts. It is very necessary to have this limited use but essential tool available for the judiciary.