Stalking
Debate between Rebecca Harris and Elfyn Llwyd
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.
Rebecca Harris (Castle Point) (Con)
Is the hon. Gentleman aware of occasions such as I have come across, when the police have dismissed what seems to be obvious stalking—for example, a dispute over child maintenance or that kind of issue? It is difficult sometimes to recognise what is going on if one does not know the full back story and the victim is not able to explain the harassment.
Mr Llwyd
The hon. Lady is right. Unfortunately, her experience adds to the general experience that we have.
These failings are leaving victims vulnerable to further assault and to being secondarily victimised by the justice system—the precise complaint that victims brought to us during the inquiry.
In the past few months, the Government have taken proactive steps to improve the treatment that victims of crime receive from the criminal justice system. The government have raised the possibility, for example, of giving victims the opportunity to challenge decisions taken by the CPS not to charge suspects, or to drop prosecutions. This is essential work, and it must be followed through if we are to see any real change. As a result of the stalking law reform campaign and our inquiry here in Parliament, we now have more robust legislation to tackle the problem of stalking. But having a robust law is not enough; we must ensure that it is properly and thoroughly implemented. Thorough and complete training must be rolled out for all criminal justice professionals and monitored by relevant Departments within Whitehall. Victims must be made to feel more confident in the system. Most importantly, however, and since stalking is characteristic of obsessive behaviour, getting conviction rates up on its own will not stop these problems occurring. That is why, in the long term, we must combat the root of the problem by introducing a register of perpetrators and treatment programmes for serial stalkers.
I am grateful for the opportunity to raise these matters. We owe it to the public to get this right. I am sure that we will, but today is an opportunity to persuade the Government to bring matters forward far quicker than at present.
royal assent