Stalking and Harassment
Building a strong case
MANJULA NAYEE, SENIOR POLICY ADVISOR, CROWN
PROSECUTION SERVICE
PROTECTION OF HARASSMENT ACT
1997
• The Crown Prosecution Service (CPS) is committed to
tackling violence against women and girls, which includes
stalking as a key priority
• Protection of Harassment Act 1997 .
• Harassment (section 2): course of conduct = harassment
of another . SUMMARY OFFENCE. 6 MONTHS
• Fear of violence (section 4): course of conduct which
causes another to fear that violence will be used against
him – EITHER WAY OFFENCE- 5 YEARS
IMPRISONMENT
STALKING AND HARASSEMNTRAISING AWARENESS
• Raising awareness amongst prosecutors
• Consultation.
• CPS Stalking and Harassment legal guidance was
launched in September 2010.
• It is available on our website at:
www.cps.gov.uk/legal/s_to_u/stalking_and_harassment/
• Model to review all cases now.
TEAM WORKING
• CPS + Police+ Victim + Other Agencies =
• Best evidence
• Strong case
• Safety and support for victim
• = Successful case
CASE BUILDING = CONVICTION
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Early consultation with CPS
Essential information
Information Recorded by Victims
Keeping the victim informed
Victim and Witness Support & Safety
Special measures
EARLY CONSULTATION
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Complex cases Behaviour is prolonged and targeted
Victim is at high risk
Refer to the CPS as early as possible.
Experienced prosecutor
CPS Policy and Legal Guidance on prosecuting cases
involving Domestic Violence and Stalking and
Harassment.
ESSENTIAL INFORMATION
The CPS will ask the police to provide the following
background information:
• the ability and willingness of the victim to testify;
• the history of any relationships or contact, particularly if
there has been violence and/or abuse in the past;
• If any previous orders made and whether breached;
• whether the suspect has made any threats since the
incident;
INFORMATION RECORDED BY
VICTIMS
Instruct victims to keep:
• a record or diary of events
• entries timed and dated.
• details of witnesses
• keep a record of how the defendant looked, details of their
clothing or vehicle;
• stored messages or tape any calls made by the
defendant;
• inform neighbours and friends.
KEEPING THE VICTIM INFORMED
• It is essential that the victim is fully aware of the decisions
being made as they may directly impact on the victim's
safety.
• Early consultation with the allocated police officer and
contact with the specified Witness Care Unit
• Ensure any risk to the victim is understood from the
outset
VICTIM PERSONAL STATEMENT
A VPS statement gives victims an opportunity
• to state how the crime has affected them .
• express their concerns about bail or the fear of
intimidation by, or on behalf of the defendant;
• provide criminal justice agencies, especially the Court with
a ready source of information on how a particular crime
has affected the victim involved.
• Particularly useful when drafting restraining orders.
SPECIAL MEASURES
Many victims feel stress and fear when
• Reporting a crime
• Police investigation
• Attending and giving evidence to a court.
• Facing the defendant in the courtroom
• Special measures – reassurance and confidence
• CPS PROSECUTORS SHOULD APPLY FOR SPECIAL
MEASURES AS EARLY AS POSSIBLE.
Stalking and Harassment
Building a strong case
MANJULA NAYEE, SENIOR POLICY ADVISOR, CROWN
PROSECUTION SERVICE