Stalking
Debate between Robin Walker and Elfyn Llwyd
Mr Elfyn Llwyd (Dwyfor Meirionnydd) (PC)
I beg to move,
That this House notes that 25 November 2013 will mark the first anniversary of the new laws on stalking coming into force; is concerned at the lack of progress made on training of criminal justice professionals in the new laws, particularly in the police and the Crown Prosecution Service; and recognises the impact this is having on the confidence and wellbeing of victims of stalking.
I am pleased that we are having this important debate today. It has been facilitated by the Backbench Business Committee, to which we are collectively very grateful. I also thank the House of Commons Library for preparing the splendid debate pack that we have all received.
On 25 November 2013, it will be the first anniversary of the implementation of the new stalking laws—sections 2A and 4A of the Protection from Harassment Act 1997, which came into force on 25 November 2012. The new legislation was passed as a result of the work of the independent parliamentary inquiry into stalking law reform, which I had the privilege of chairing. The inquiry drew its membership from both Houses of Parliament and from across the political parties, as well as from Cross Benchers in the other place. I think that this might have been the first example of a cross-party group that is not a Committee of the House having succeeded in bringing about a change in the law. I am certainly very glad to have played a part in that, as other Members in the Chamber today did, too.
The inquiry was assisted by Harry Fletcher, deputy general secretary of the National Association of Probation Officers, and Laura Richards, a criminal behavioural psychologist. Their help in the stalking law reform campaign was truly invaluable. Harry and Laura have since gone on to found Paladin, Britain’s first ever stalking advocacy service for high-risk victims of stalking. The service opened on 11 July 2013 and within 18 weeks had received more than 100 referrals.
We have recently launched an all-party group on stalking and harassment, one of the purposes of which is to scrutinise the implementation of the new stalking legislation. I thank members of the group for sponsoring today’s debate, principally, of course, the right hon. Member for Chesham and Amersham (Mrs Gillan) and the hon. Member for Ayr, Carrick and Cumnock (Sandra Osborne). I thank them for being lead sponsors and for their huge commitment to the subject.
Let me give a little background, although I will truncate it given that we are short of time. The terms of reference of the stalking law reform inquiry were to examine the substantive law in England and Wales, the sentencing practice surrounding that law, the availability of treatment programmes for perpetrators, parole arrangements , the need for training for police and the probation service, stalking law in the European Union, and, crucially, the experience of victims and their families. Over the course of six months, the panel took oral and written evidence from criminal justice professionals, academics and legal experts as well as victims of stalking and their families. On 7 February 2012, we published a report and recommendations based on that evidence, which were launched in the Cholmondeley Room in the other place.
Almost exactly a month later, on 8 March 2012, the Prime Minister announced that, as his main pledge on international women’s day, the Government would legislate to make stalking a named offence in law. Legislation was passed by both Houses within 11 days of that announcement, which is testament, I believe, to the force and credibility of the evidence provided to the inquiry panel. The new offences were made as amendments to the Protection from Harassment Act. As well as the new less severe section 2A offence of stalking, which is punishable by up to 51 weeks in prison or a fine, the legislation includes a section 4A offence of
“stalking involving fear of violence or serious alarm or distress”.
The latter offence is punishable by up to five years’ imprisonment or a fine and is triable by both the Crown court and magistrates court.
To prove a section 2A offence, a court must decide that a perpetrator pursued a course of conduct that amounts to harassment and that the particular harassment can be described as stalking. Although the term “stalking” is not defined, the new clauses include a non-exhaustive list of basic behaviours, including following a person; contacting, or attempting to contact, a person by any means; publishing any statement or other material relating or purporting to relate to a person, or purporting to originate from a person; monitoring the use by a person of the internet, e-mail or any other form of electronic communication; loitering in any place, whether public or private; interfering with any property in the possession of a person; or watching or spying on a person.
To prove a section 4A offence, the more serious offence, a court would need to determine that the perpetrator’s behaviour amounted to stalking involving fear of violence or serious alarm or distress. Although the terms “serious alarm” and “distress” are not defined, the perpetrator’s course of conduct can include behaviour that causes another to fear, on at least two occasions, that violence will be used against an individual, or causes an individual alarm or distress that has a substantial adverse effect on that individual’s usual day-to-day activities.
It was important to us as a panel that the new section 4A offence was included to allow for the serious psychological impact that stalking can have on a victim, particularly over a prolonged period. It was also important that the new legislation defined stalking not just in terms of the behaviour of the perpetrators but in terms of the impact the crime had on its victim and provided that if the impact on the victim was greater, the penalties should be more stringent. If a jury finds a person not guilty of a section 4A offence, the option is still open to them to find that person guilty under the lesser section 2A offence.
Previously, the term “stalking” had not been named in legislation, which many believe resulted in some criminal justice professionals not taking the offence seriously. Naming the term “stalking” in law was a highly symbolic move; indeed, few countries worldwide do so. Our research found that legislation covering the crime of stalking was found in several English speaking countries across the world as well as in 13 EU member states. At the time that we launched our report, however, none of those countries used the term “stalking” in the definition of the law, opting for more generic terms such as “harassment”, “belaging” and “persistent pursuit”.
Stalking is a crime that rips relationships apart and shatters lives. The British crime survey for 2011-12 suggested that at least 120,000 individuals are affected by stalking and harassment each year. According to figures collated by the Home Office, one in five women and one in 10 men will experience stalking in their adult life. Figures held by the national stalking helpline from 2011 show that the 80.4% of the victims contacting the service were female, while 70.5% of perpetrators were male.
Stalking is a pervasive crime and I have little doubt that all Members of Parliament will have come across it, either in their constituency surgeries or through personal experience.
Mr Robin Walker (Worcester) (Con)
I congratulate the right hon. Gentleman on the important speech he is making. He mentions the personal experience of Members of Parliament, but would he agree that many of the staff who work with us in our offices might have such experiences, too? It is important that we should have laws to protect them, too.
Mr Llwyd
The hon. Gentleman is absolutely right. In fact, the all-party group is currently working on ensuring that we have a code of conduct and a means of disseminating information on identifying when those offences start and nipping them in the bud. The right hon. Member for Chesham and Amersham has said on several occasions that she wishes to see not only MPs covered, but our staff, and she is right.