Family Solicitors

The first year of new stalking legislation has resulted in 743 cases of stalking being brought to court under the Protection of Freedoms Act 2012, according to the Crown Prosecution Service (CPS).

The CPS says that without the new legislation, many of the cases prosecuted might not have come to court.

In the year 2013-2014, prosecutions for all stalking and harassment offences – involving both the new legislation and older legislation – increased by more than 20% to a total of 10,535.

In the previous year (2012-2013), there were 8,648 cases of harassment and stalking prosecuted, according to CPS figures.

There has also been an increase in breaches of restraining and non-molestation orders – which the CPS says often relate to domestic violence cases which can involve stalking-related activities.

In 2013-2014, there was a 14.6% rise in prosecutions brought to court – a total of 18,149 cases, compared with 15,838 cases in the previous year.

On 11 September, the CPS and Association of Chief Police Officers (ACPO) launched a new protocol to ensure a consistency of approach in tackling all forms of stalking.
The new protocol reminds police and prosecutors to:

• Ensure that in every case the victim has the opportunity to provide a Victim Personal Statement to court – and is able to read this out personally should they wish

• Fully investigate the reasons behind any victim withdrawing a complaint, ensuring it is not the result of pressure from others

• Ensure that victims are consulted on issues such as bail and restraining orders.

The protocol also instructs prosecutors to apply for restraining orders where possible whether defendants are convicted or acquitted, in order to protect the ongoing safety and security of victims.

The CPS says that restraining orders on acquittal can act as an “added protection” for victims in situations where the likelihood of abuse may be “beyond the balance of probabilities”. This is a lower standard of proof than is usually required in criminal convictions, which usually require a standard of proof of “beyond reasonable doubt”.
The Director of Pubic Prosecutions (DPP) Alison Saunders said:

“Stalking and harassment is about the control of others – and its impact can be devastating.

“Stalking creates an environment of continual fear – with many victims feeling not only in physical danger, but also suffering psychological distress as a result.
“I am pleased that prosecutors are making effective use of new stalking laws in order to protect victims and put their stalkers before the courts – where previously in some cases, we were unable to do so.

“These new offences enable us to bring people to court potentially before they risk going on to commit more serious crimes.

“The rise in prosecutions sends a message to both victims and criminals about how seriously we are taking these types of offences,” she added.

Duncan Lewis Domestic Violence Solicitors

Duncan Lewis domestic violence solicitors can advise victims of domestic abuse on their rights under the law, including cases of physical, sexual or psychological abuse of partners or spouses, as well as child abuse and elder abuse in the home.

Duncan Lewis is also a leading firm of Legal Aid solicitors and can advise on domestic violence under UK law or Islamic law.

For expert legal advice on domestic violence matters, call the Duncan Lewis Domestic Violence Solicitors’ Helpline in confidence on 07920 077054.