Stalking

Henry Smith Excerpts

Thursday 21st November 2013 Commons Chamber

[Mr Llwyd]

The hon. Gentleman is right, because part of the campaign we are running is about making people aware of the cumulative nature of this insidious offence. It is important that not only the people who might suffer it, but professionals in the field, get into training as soon as possible so that we can plug the gap properly.

Research conducted by Lorraine Sheridan in 2005 found that half of stalking victims had to give up social activities as a result of stalking, while half saw their performance at work affected and 98% reported emotional affects such as distrust, appetite disturbance, insomnia, agoraphobia, self-harm and even suicidal thoughts. Research by Laura Richards in November 2011 revealed the horrendous long-term nature of stalking behaviour, as well as the effect that has on victims. One in every two victims who took part in the survey had been stalked for longer than 18 months, and 42% were stalked for more than 24 months. With protracted stalking campaigns there is a real risk of escalation. Offenders can ultimately go on to attack, rape, cause serious harm or even murder their victims.

Our inquiry panel was in little doubt that victims were not getting enough support and that the prevalence of the crime far outstripped police investigations, arrests and charges brought against perpetrators. Indeed, almost all of those who have evidence to us were persuaded that the 1997 Act was not doing an adequate job of protecting victims of the crime. The Act was passed with the best intentions—I was here at the time and played a small part in it—but the wideness of its provisions was in many respects its weakness.

In his foreword to “An evaluation of the use and effectiveness of the Protection from Harassment Act 1997”, David Moxton stated:

“The Act came into force in June 1997 and was intended to deal with the overt problem of stalking.”

But in her summary of the same report, Jessica Harris noted:

“One of the Act’s aims was to tackle the problem of stalking, but it also covered a range of behaviour which might be classed more broadly as harassment of one kind or other... The Act is being used to deal with a variety of behaviour other than stalking including domestic and inter-neighbour disputes and rarely for stalking itself.”

Those are problems we saw. Answers to parliamentary questions asked by members of the panel gave various pieces of important information. For example, we discovered that in 2009 4,365 persons were found guilty under section 2, the offence of harassment, but that the number receiving a custodial sentence was only 565—13% of those found guilty. Our research also showed that it was highly unusual for persons to be found guilty of the section 4 offence, which is putting a person in fear of violence. In 2009, 786 persons were found guilty, of whom only 170 were given a prison sentence—22% of the total. Our report states:

“The number of persons found guilty of breaching a restraining order under Section 5 of the Act was 1,463 in 2009 and the percentage of those jailed was 32%. However if the figures are taken as a percentage of all the offences recorded during 2009 then only 2% were jailed and 10% were fined or dealt with in other ways.”

What was so concerning about the fact that so few perpetrators were given custodial sentences was not simply that victims were denied justice, but that the individuals involved were not being given treatment to address their obsessive behaviour. Stalking is undoubtedly a characteristic of obsessive behaviour. The evidence we compiled for our report showed that most perpetrators of stalking commit multiple breaches of restraining orders over their criminal “careers”. Some individuals breach four or five times. Examples submitted to the inquiry showed that some individuals breached their order more than five times and still received either a fine or another form of non-custodial sentence.

We also heard evidence of numerous perpetrators being charged with offences that were less serious than stalking and focused on only one incident of abuse, rather than the whole pattern of behaviour. We were persuaded that it was essential that courses of conduct should be taken into account. If offences of this nature are not taken seriously and properly prosecuted and if the perpetrators are not treated, the underlying problems prompting that behaviour will never be properly addressed.

To be fair, the Government acted quickly on many of those recommendations and passed legislation in March 2012. However, despite the new 2A and 4A offences coming into force in November 2012, there are concerns that the new laws are not being used widely enough and that many police forces have not held training on the new offences.

[Henry Smith (Crawley) (Con)]

Almost a year ago, at the same time as the law bearing down on stalking was enacted, police and crime commissioners were introduced. Members of Parliament can get in touch with those elected officials to ensure that the offence of stalking is properly pursued in our police force areas.

[Mr Llwyd]

I am sure that that will assist in bringing pressure to bear in the right quarters.

Figures obtained via a freedom of information request, and confirmed by the Home Office, reveal that only 33 offenders were convicted by the courts in England and Wales in the first six months following enactment of the new stalking laws. In a letter to me dated 27 March 2012, the Home Secretary informed me that the Government would be consulting various stakeholders to ensure that the police and prosecution service have the necessary training and guidance to enable them to make best use of the new legislation. However, although I understand that the police have begun training, to date less than 30% of police officers have seen the e-learning packages. The number of arrests in the first six months was just 320. In Scotland, by contrast, in the 30 months since their law was introduced 1,431 detections had been recorded, and 1,046 of them had commenced prosecution. Of the 1,046, 450 had secured convictions and 315 still awaited prosecution. That suggests that the figures for England and Wales are well below expectation. In September, I found out that the CPS had developed an online e-learning course on cyber-stalking, which was launched in September 2012. Training in the new stalking legislation has barely commenced, and the Solicitor-General told me:

“The CPS is currently developing further training on the stalking offences, with emphasis on building a strong case, working closely with the police and engaging with victims throughout the legal process.”—[Official Report, 12 September 2013; Vol. 567, c. 808W.]

Surely we should be seeing more progress by now.

In answer to another written parliamentary question on the same date, in which I asked what plans the MOJ had to revise sentencing guidelines on the new stalking offences, I was informed that:

“The independent Sentencing Council is responsible for producing sentencing guidelines and it will be for the Council to consider the issue of new or revised guidelines covering these offences.”—[Official Report, 12 September 2013; Vol. 567, c. 849W.]

So stalking has yet to be included in the sentencing guidelines.

An analysis of cases dealt with by Paladin has shown that the Crown Prosecution Service frequently charges individuals with harassment and not stalking. In some cases, matters are discontinued. Offenders can choose to enter a plea bargain, so denying the victim the right to a court trial in which the full course of conduct of their perpetrator will be revealed to the court. More lenient sentences are handed down to offenders, and victims are still left feeling disappointed and unprotected.

Police information notices, often wrongly referred to as harassment warnings, are being handed out as a matter of course in stalking cases to victims and the alleged perpetrator alike, showing a failure by the police properly to investigate the complaints. There are, however, some positives. In the past year, the national stalking helpline has seen a 56% increase in calls compared to the same period the previous year, with many callers saying that they are aware that the law has changed.

Stalking is no longer a hidden crime, although online abusers can still hide behind avatars and pseudonyms. But there is a “but”. In spite of an increase in awareness among victims, the content of the calls that the helpline is receiving has not changed. Only 6.6% of the victims who contacted the helpline in the last year and who had reported the behaviour to the police were content with the response they received. The helpline has said that it frequently received calls from victims who receive inappropriate or even dangerous advice from law enforcement professionals. Victims report being told by police, “Well, you were in a relationship with him”, and, “I have to deal with murders and serious assaults, it’s not like you are black and blue”. Believe it or not, these things were said.