Stalking (Protection of Victims)

Karen Bradley Excerpts

Thursday 17th September 2015 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (Karen Bradley)]

I congratulate my hon. Friend the Member for Cheltenham (Alex Chalk) on securing the debate and thank him for raising this important issue. He has made some excellent points on behalf of his constituent and I am genuinely and terribly sorry to hear about this case. It emphasises why we must get the first response right, identify stalking behaviour at the earliest opportunity and ensure that the criminal justice system does deliver justice.

First and foremost, stalking is a dangerous and devastating crime. The impact on the victim—physically, psychologically and emotionally—cannot be overstated, as we have seen in Dr Aston’s case. We owe it to the victims of this terrible crime to do everything we can to afford them the protection and support they need. It is, as my hon. Friend has said, a horrible, violating crime. This Government continue to work closely with victims, stalking support services, the police and criminal justice agencies to ensure that we are doing just that.

It may help if I set out the laws that apply to stalking. As Members will be aware, in November 2012 two new offences of stalking were introduced into the Protection from Harassment Act 1997. That was in recognition of the fact that, while stalking could be prosecuted under that Act, there was a gap in the law. Those specific offences bridge that gap in order better to protect victims and to bring perpetrators to justice more effectively. They have made a difference.

The most recent data from the Crown Prosecution Service show that in 2014-15, more than 1,100 prosecutions commenced under the new stalking offences—almost a 50% increase on the previous year. A significant number of those prosecutions were brought under the more serious of the two offences, involving fear of violence and serious alarm or distress. Those figures are encouraging and show that the new legislation is beginning to take effect. However we know, and we have heard today, that too many victims of stalking are not getting justice and that more can be done. As my hon. Friend the Member for Torbay (Kevin Foster) pointed out, the ability to offend online increases the opportunities available to offenders, although I must make it clear that that which is illegal offline is also illegal online.

Of course, legislation alone is not enough to tackle the problem. If the new laws are to be used to best effect, it is vital that front-line police officers and prosecutors are equipped to recognise the patterns of behaviour that lie behind the fixated obsessions of a stalker. Since October 2012, the College of Policing training package on investigating stalking has been completed more than 68,000 times by police staff. More than 1,600 CPS staff have completed training on stalking and the Director of Public Prosecutions has commissioned more work to identify actions to increase stalking prosecutions even further.

The difference between stalking and harassment has always been a challenge, particularly when trying to bring a successful prosecution. The CPS is working with Government and other partners such as Paladin, which runs the national stalking advocacy service, and the Suzy Lamplugh Trust, which runs the national stalking helpline, to identify additional training to enable CPS prosecutors to address the issue.

We also continue to work closely with the College of Policing and the police to ensure that appropriate tools are available to put in place protective measures for victims. In July, I met the national policing lead for stalking and harassment, Assistant Chief Constable Garry Shewan, to discuss options for further work. ACC Shewan is currently undertaking a review of police information notices in the light of recent concerns over their use. He will consider whether PINs should be rebranded to make their purpose in addressing low-level harassment more explicit. A PIN may not be an appropriate measure in stalking cases, and guidance to officers will be refreshed to reflect that point.

The Home Secretary and I are considering further evidence on the measures available to tackle stalking and looking at whether there is more that the Government can or should do. For example, the Government have introduced civil orders to help the police deal with domestic abuse, female genital mutilation, forced marriage and sexual offending. We are actively looking at whether a new stalking and harassment protection order could provide an additional route to early intervention to stop this crime.

Prolonged campaigns of the kind involved in the case raised by my hon. Friend highlight the fact that both the new offences are needed. Stalking must be acknowledged as the fixated, obsessive offending that it is. We now need to focus on the early identification of stalking behaviour so that perpetrators can be stopped before someone has to suffer for so many years. The legislation has provided a springboard to drive such a shift in approach, but consideration of a new protection order is another step in ensuring that we do all we can to stop stalking at the earliest opportunity. A new order may include the option to place restrictions on an offender.

[Alex Chalk]

The court already has the power to impose restraining orders—in other words, it can order someone not to go to a certain place—but it is in the nature of such offending that offenders ignore court orders however they are badged. Does the Minister recognise that that is an issue for the criminal justice system?

[Karen Bradley]

My hon. Friend is right. In the case that he has raised, the offender was given a restraining order banning him from 11 counties. However, we need to look at whether we can bring in more civil orders in addition to the criminal justice legislation. Anything we can do to stop offending at the earliest opportunity and prevent it from becoming a prolonged campaign would be positive. The example he has cited really brings home the fact that we need to intervene sooner, including by identifying the signs of such behaviour as soon as possible and deciding whether any measures can be used. I do, however, understand that once an offender has started such a prolonged campaign, there is a difficulty in using civil orders, and that action must then be taken through the criminal justice system. If my hon. Friend will allow me, I will return to his point about the criminal justice system.

I must also say that we cannot look at stalking in isolation from the broader work being done across Government to tackle violence against women and girls and to protect vulnerable people and tackle exploitation in all its forms. Wider work on tackling violence and abuse may help to support an improved response to stalking. For example, the College of Policing has developed an immersive training programme for officers on domestic violence and abuse. That programme is relevant, because nearly half of stalking cases involve a former intimate partner. That was not the case in the example my hon. Friend has cited, but that has been shown by the statistics. Such training will be crucial in helping officers to tackle domestic abuse and implement the new offence of coercive and controlling behaviour, both of which will benefit domestic abuse victims who may experience stalking. By supporting officers to identify patterns of abuse and promoting a culture of victim belief and empathy, the new training packages will improve the police response to a range of safeguarding and public protection issues, including those of victims who are stalked by a casual acquaintance or a complete stranger, as well as those who know their stalker.

My hon. Friend and I have discussed outside the Chamber the specific points that he has made in relation to Dr Aston’s case, including his wish for stalking to be a specified offence in order to increase the level of sentencing, and for section 265 of the 2003 Act to be looked at in relation to consecutive versus concurrent sentencing. I have met my right hon. Friend the Lord Chancellor to discuss those points. He was disturbed by them, and very much wants to meet my hon. Friend to discuss them and to consider what the Government can do to make a practical difference. This goes back to the point that the criminal justice system has to deliver and be seen to deliver justice. Victims such as Dr Aston deserve no less.

I am proud of the progress that we are making in getting to grips with this complex offence, the effects of which can be deep and long-lasting for victims. Today’s debate has been timely in informing us of the impact and what more can be done. Once again I congratulate my hon. Friend, who is a true champion of his constituents. Dr Aston is very lucky to have him as her constituency MP. I know that he will continue to campaign for her and other victims of stalking. As the Minister with responsibility for preventing abuse and exploitation, I am determined to do everything I can, with him, to protect victims and bring perpetrators to justice.

Question put and agreed to.