LEGISLATION
The Freedom of Protection Act 2012 introduced the new criminal offence of stalking into the Protection from Harassment Act 1997 http://www.legislation.gov.uk/ukpga/1997/40/contents.
Fundamentally there are 2 possible stalking charges now: S2A or S4A offence. When there is fixated behaviour which causes serious alarm & distress or fear of violence the S4A charge should be used. This recognises the serious impact on the victim’s life and the changes the victim will experience or have to make as a result of the stalking eg; the impact on their physical or mental health, changing of routes or patterns, adding extra security, moving house, not going out of the house due to fear etc. There are a list of these examples under legislation but they are not exhaustive. I have not come across a stalking victim whose mental health has not been negatively impacted.
The penalty for stalking v harassment used to be the same, however the campaign to change stalking to make it punishable with up to a 10 year custodial was successful. Therefore, it is always better to crime serious stalking incidents under a S4A stalking offence and not harassment. Additionally in my experience the crime of harassment is seen as a lesser offence even by the perpetrator as the label “harasser” versus “stalker” is extremely distinctive. Reducing plea bargains is crucial.
The punishment of 10 years reflects the severity of the crime and its damaging consequences on victims. A total of 194 people were convicted of stalking in 2015 , but the average custodial sentence was just over a year at 14.1 months. This is why the custodial sentence needed to change. Stalkers steal victims lives and take victims lives. One of the worst cases I saw was a 19-year stalking campaign….the sentence for this stalker has by no means reflected the damage done to this victim and those around her.
Fundamentally there are 2 possible stalking charges now: S2A or S4A offence. When there is fixated behaviour which causes serious alarm & distress or fear of violence the S4A charge should be used. This recognises the serious impact on the victim’s life and the changes the victim will experience or have to make as a result of the stalking eg; the impact on their physical or mental health, changing of routes or patterns, adding extra security, moving house, not going out of the house due to fear etc. There are a list of these examples under legislation but they are not exhaustive. I have not come across a stalking victim whose mental health has not been negatively impacted.
The penalty for stalking v harassment used to be the same, however the campaign to change stalking to make it punishable with up to a 10 year custodial was successful. Therefore, it is always better to crime serious stalking incidents under a S4A stalking offence and not harassment. Additionally in my experience the crime of harassment is seen as a lesser offence even by the perpetrator as the label “harasser” versus “stalker” is extremely distinctive. Reducing plea bargains is crucial.
The punishment of 10 years reflects the severity of the crime and its damaging consequences on victims. A total of 194 people were convicted of stalking in 2015 , but the average custodial sentence was just over a year at 14.1 months. This is why the custodial sentence needed to change. Stalkers steal victims lives and take victims lives. One of the worst cases I saw was a 19-year stalking campaign….the sentence for this stalker has by no means reflected the damage done to this victim and those around her.
Harassment v Stalking
The Freedom of Protection Act 2012 introduced the new criminal offence of stalking into the Protection from Harassment Act 1997 http://www.legislation.gov.uk/ukpga/1997/40/contents.
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