which is in breach of section 1(1) of the Protection from Harassment Act 1997 (i.e. Section 7(3A) provides that conduct by one person shall also be taken to be conduct by another if the other has aided, abetted, counselled or procured the conduct. However, this practice is often problematic because confrontations in cyberspace are different from real-life situations. Sections 3(6) and 5(5) make it an offence for the defendant to do anything which he is prohibited from doing under an injunction issued under section 3, or a restraining order issued under section 5. Acts might be some distance apart, and yet still constitute a course of conduct. In particular, the use of the victim's mother's maiden name as a verification code for access to personal details should be discouraged. Any charging decision will depend on the particular facts unique to the case and each should be considered on a case-by-case basis. The Cocoon Watch scheme requires the help and support of neighbours, family and relevant agencies in further protecting the victim by ensuring contact is made with the police immediately if further incidents occur. not (either alone or by means of agents) to directly or indirectly contact, harass, alarm, or distress the victim and others as appropriate; not to knowingly approach within the boundary of (specify street or road names and attach a copy of an annotated map to clarify parameters) any premises where the victim and others as appropriate reside, work or frequent; not to telephone, fax, communicate by letter, text, electronic mail or internet with the victim and others as appropriate, or to send or solicit any correspondence whatsoever; not to display any material relating to the victim on social networking sites including YouTube, Facebook and Twitter; not to retain, record or research by any means, private, confidential or personal facts, or information relating to the victim and others as appropriate; or. (b) contacting, or attempting to contact, a person by any means, The crucial difference between the offence under section 4 Harassment and the new offence under section 4A Stalking is that the latter introduces an additional element, namely that the defendant's offending behaviour causes a victim "serious alarm or distress that has a substantial adverse effect on their usual day-to-day activities".Whereas in previous incidents and prior to the stalking legislation, if there was insufficient evidence to prove " fear of violence", the only option was to prefer a summary charge. to share information to increase the safety, health and well-being of victims; to construct jointly and implement a risk management plan that provides professional support to all those at risk and that reduces the risk of harm; to improve support for staff involved in high risk cases; and. The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions that sets out the general principles Crown Prosecutors should follow when they make decisions on cases. the defendant ought to know that his course of conduct will cause another to fear that violence will be used against them if a reasonable person in possession of the same information would think that the course of conduct would cause the other so to fear on that occasion. Section 7 defines a course of conduct as being on at least two occasions. It also flagged its intention to consider new offences of causing economic damage to the suppliers of firms or research groups engaged in the legitimate and licensed use of animals. The elements of the section 2A offence are: This means that there has to be a course of conduct which amounts to harassment and that particular harassment can be described as stalking behaviour. ANTI-STALKING LAWS IN THE UK. Prosecutors should therefore examine the end situation in terms of the impact on the victim to determine whether someone has been stalked or harassed. the presence of the defendant amounts to the harassment of, or causes alarm or distress to the resident, a person in the resident's dwelling, or a person in another dwelling in the vicinity of the resident's dwelling; or is likely to result in the harassment of, or cause alarm or distress of any such person. It is clearly a matter for the courts, on a case by case basis to determine whether two or more incidents amount to a course of conduct which consequently leads to persons being alarmed or distressed. Victim Support The suspect may displace their attention from that victim to another: for example, where the suspect is motivated to harass a member of a particular profession such as a teacher, judge or police officer, they may direct further harassment towards another member of the same profession. note details of witnesses who may have observed or heard these events; keep a record of how the defendant looked, details of their clothing or vehicle; stored messages or tape any calls made by the defendant; to use 1471 on the phone and write down details of calls received including the time received and the telephone numbers, this includes unanswered calls; and. Email: helpline@womensaid.org.uk. Does the previous conviction show a pattern of behaviour which raises concerns? to ensure members of the public are aware of the requirements of the criminal law, in particular the PHA; as part of an early police intervention to contribute to preventing the escalation of disputes between individuals and/or further incidents of behaviour which could amount to harassment; to assist any future prosecution by proving that the offender knew their conduct could amount to harassment under the PHA; to provide a response when a complainant does not wish to support a prosecution. The complainant can either call the police to have the breach dealt with within the criminal jurisdiction, or they can make an application to have the person committed to custody for contempt application in the civil jurisdiction. Our online tool can offer information on services local to you, the law, as well as tips on how to gather evidence. The order can and sometimes should exceed the custodial period. A prosecution under section 2 or 4 requires proof of harassment. The third defence to section 2 is that the defendant was acting reasonably in the particular circumstances. Police officers should be reminded of this best practise and any relevant contact numbers should be included in any correspondence. He repeatedly telephoned her, stating that they were destined to be together and insisting she should marry him. This means that companies now have the option to take out injunctions against people harassing their employees in the name of the company and will not have to take action in the name of a particular employee. That was back in 1996 - but the National Criminal Intelligence Service is warning that cyberstalking - harassment on the Internet - is set to escalate in the UK. This degree of fear maybe shared by the victim's friends, family and colleagues; the nature of the suspect's behaviour may be so extreme that the victim's physical and mental health are affected by the harassment; their vulnerability which may make them particularly susceptible to harassment, such as mental health difficulties, physical disability, learning difficulties, or residence in an isolated location; whether they truly comprehend any risks and are capable of exercising caution, for example, through applying appropriate personal safety measures such as carrying a personal alarm or securing their home. Under section 32(5) of the CDA 1998, if, on the trial on indictment of a person charged with an offence falling within subsection (1)(a), the jury find him not guilty of the offence charged; they may find him guilty of either basic offence mentioned in that provision. The introduction and implementation of the DASH (2009) model means that for the first time police forces and a large number of partner agencies across the UK will be using a common checklist to screen for risk. If an earlier incident is charged under other legislation (for example, a breach of the peace or an offence contrary to section 5 of the Public Order Act 1986), and a subsequent incident establishes a course of conduct, it may be advisable to withdraw the earlier charge and to substitute a charge under the PHA, covering both incidents. Although cyberstalking often takes place via online channels, such as social media, search engines, blogs and other online publications, cyberstalking often also involves the use the phone, letters and other traditional harassing means. Similarly, where a defendant has been cautioned, care should be taken before going behind the caution and charging that incident as part of a course of conduct. This is to ensure that their safety and support needs are addressed throughout the criminal case (and sometimes beyond) and to reduce the risk they face as a result of the offending. This will prevent surveillance targets from taking out private prosecutions in order to expose those keeping surveillance, should such prosecutions get as far as trial without being taken over and discontinued by the CPS. The fact that civil proceedings are ongoing does not mean that criminal proceedings cannot be commenced or continued. By sharing information, agencies can establish a better picture of victims' situations and can develop responses that are tailored to the needs and goals of individual victims and their children. This limb recognises the overall emotional and psychological harm that stalking may cause to victims, even where an explicit fear of violence is not created by each incident of stalking behaviour. A detailed statement from the victim in addition to a Victim Impact Statement should be requested from the police in order to determine the right charge. the transcript of the judgment (where findings have been made or not made). The provision of accurate and up-to-date information to the victim throughout the life of the case, together with quality support and careful consideration of any special measures requirements are essential facto… However, where we have obtained information, for example, if a victim has telephoned the CPS about witness intimidation or additional information is gleaned by the Witness Care Unit as part of the pre-trial preparation process, this information should be fed through to the relevant officer as a priority. Helen Pidd reports on the battle against the hidden menace online Cyberstalking involves both a criminal offence and a civil wrongdoing. - Updated 23 May 2018 to include link to updated protocol on stalking and harassment, , Domestic abuse It may be necessary to read the caution to a defendant if they make relevant comments. Victims should be informed of applications to vary, and asked to express their views and to attend if necessary. information from family proceedings that may be shared with other relevant authorities such as the police. Under 32(6) CDA 1998 if, on the trial on indictment of a person charged with an offence falling within subsection (1)(b), the jury find him not guilty of the offence charged, they may find him guilty of an offence falling within subsection (1)(a). As cyberstalking is a form of emotional assault, laws governing harassment and slander can be applied to electronic communications. The listed behaviours are: (a) following a person, As a summary only offence, the section 2A offence requires an information or complaint to be laid within 6 months from the time when the offence was committed, or the matter of complaint arose. An example of when this power is likely to be appropriate is where there is evidence that the person whom the constable is directing to leave is also a regular protestor at particular premises and that requiring them not to return for a specified period will prevent harassment, alarm or distress being caused to the resident. b) an offence under s4 or s4A of that Act (putting people in fear of violence and stalking involving fear of violence or serious alarm or distress), which is racially aggravated for the purposes of this section. Prosecutors should ensure that a copy of the risk assessment tool (and not just the risk assessment rating) is available within the file. CAFCASS (Child and Family Court Advisory and Support Service); domestic violence support services for victims; health visitors, school nurses and community midwives; Independent Domestic Violence Advisers (IDVAs); Lesbian, gay, bisexual and transsexual (LGBT) services; the suspect may be genuinely unaware of the provisions of the PHA and that their actions may constitute a criminal offence, or they may try to use such ignorance as an excuse for their activity; there may only be evidence of a single act causing the victim harassment, alarm or distress meaning that the notifiable offence of harassment has not occurred (in that a course of conduct has not been proven); there is evidence of a course of conduct, but the victim is unwilling to support a prosecution and there are other elements of the case which mean that we have decided not to continue with the prosecution. Section 1 of the Domestic Violence, Crime and Victims Act 2004 (DVCVA) came into force on 1 July 2007. As it's a relatively new type of harassment, lots of people don't know what to do about it. Section 2A and 4A (PHA 1997) Stalking offences which are also racially and religiously aggravated are covered under Part 11 of Schedule 9 of the Protection of Freedoms Act 2012. As a result of his behaviour the victim moved out of her address, changed her mobile telephone number and moved to another job. It is for the defendant to show that: The elements of the section 4A offence are: In determining whether the defendant ought to know that the course of his or her conduct will cause the other person to fear that violence will be used against them or will cause the other person serious alarm or distress, the question to be determined is whether a reasonable person in possession of the same information would think it so. More information about this can be found below in the section Civil Proceedings and Legislation. The list is not an exhaustive one but gives an indication of the types of behaviour that may be displayed in a stalking offence. The Serious Organised Crime and Police Act 2005 (SOCPA) made several amendments to the PHA to enable organisations and their employees to be better protected: Section 125(2) of the SOCPA added a new subsection 1(1A) to the PHA making it an offence for a person (or persons) to pursue a course of conduct involving the harassment of two or more persons on separate occasions which the defendant knows or ought to know involves harassment, the purpose of which is to persuade any person (not necessarily one of the persons being harassed) not to do something that he is entitled to do or to do something he is not under any obligation to do. The Court of Appeal rejected the argument that malicious allegations could not be oppressive if they could easily be rebutted. Unlike the existing s.4 and the new s.4A(1)(b)(i), however, it is the cumulative effect of the stalking which is important and it does not require any particular incident in the stalking to be especially alarming or serious. She set up a web-site, dedicated to her cause, containing inflammatory statements about the bank employee. The PHA does not specify what period of time should elapse between occasions. It is essential that this is kept confidential and should not be disclosed to the defendant as to do so could cause extreme danger to the victim or the victim's children or family. Cases involving stalking and harassment can be difficult to prosecute, and because of their nature are likely to require sensitive handling, especially with regard to victim care. to do something that he is not under any obligation to do. UK Online Stalking Laws. the admissibility or otherwise of bad character and hearsay evidence. This record could also be kept electronically on a computer and may be automatically timed. In this circumstance the police and prosecutors could only consider a section 2 summary offence. The definition of cybercrime 2. This should provide professional support to all those at risk, reducing the risk of harm and repeat victimisation. The most simplistic definition of online harassment is the persistent badgering of someone sexually or otherwise. This information maybe crucial to the: There are restrictions around the types of documents and information that can be disclosed to the police or CPS. - Helpline for anyone affected by crime. Prosecutors may need to obtain information or documents that pertain to family proceedings. The original impetus to introduce the Protection from Harassment Act 1997 was to deal with the problem of stalking. It involves regular police patrols within the vicinity of the incident following a report. After the MARAC meeting a plan is compiled and comprises of the actions that each organisation will be carrying out to reduce the risk to the victim. The standard of proof, which it is for the defendant to put forward, is the balance of probabilities. This can be exhibited by pattern of persistent and repeated contact with, or attempts to contact, a particular victim. Alternatively, in less serious cases, advice from such a prosecutor may suffice. To understand how it is best to handle a situation of cyberstalking, it is important to understand what is cyberstalking, what is the law about cyberstalking, why people cyberstalk and what can victims do, to help them overcome cyberstalking. It is an aggravating factor under Section 146 of the Criminal Justice Act 2003, allowing a heavier tariff to be used in sentencing than the crime might draw without the hate elements. Harassment is not defined but includes conduct causing alarm or distress. The new powers to the police will aid in investigation and evidential gathering for example in harassment cases that involve cyber stalking. It includes practical guidance to assist those members of staff who are victims of stalking and harassment either in a domestic or non-domestic environment. Stalking - harassment which involves a course of conduct that amounts to, Stalking - s.4A (1) PHA 1997 which can be. This guidance assists our prosecutors when they are making decisions about cases. The definition of harassment was considered in Plavelil v Director of Public Prosecutions [2014] EWHC 736 (Admin), in which it was held that the repeated making of false and malicious assertions against a doctor in connection with an investigation by the GMC could amount to a course of harassment. The constable issuing the direction has discretion in deciding how long a person should be required not to return. Cyberstalking Legislation. This is because the Stalking legislation is not retrospective. In practice referrals to MARAC will often come from the police. Penalties for cyberstalking vary by jurisdiction and by the circumstances of the case, but they may include misdemeanor or felony charges depending on the types of threats made or actual harm caused. Part II of the Youth Justice and Criminal Evidence Act 1999 introduced a range of measures that can be used to facilitate the gathering and giving of evidence by vulnerable and intimidated witnesses. The 6 months' limitation should run from the last date of the course of conduct alleged. where the victim(s) is/are a target of a campaign involving domestic extremism (for example, animal rights extremists). In addition, there must be evidence to prove the conduct was targeted at an individual, was calculated to alarm or cause him/her distress, and was oppressive and unreasonable. In America the first stalking legislation was passed in California in 1990, and by 1999 every other state and the District of Columbia had passed laws … The police or probation frequently takes the lead role. Federal law provides some tools to combat cyberstalking. For example, the recognition of an individual's delusional fixation on another person can enable them to access mental health services which could assist. Recording all of this information enables us to monitor our performance. The Protection of Freedoms Act 2012 created two new offences of stalking by inserting new sections 2A and 4A into the PHA 1997. Prosecutors should also ensure, as part of reviewing the case, that a victim's view on a restraining order is sought from the outset. The Government sought to capture behaviour which causes alarm or distress to individuals to the extent that organisations, universities or companies are deterred from carrying out their lawful business. The victim is in her 80's and suffers from a disability which causes her to walk with a limp. Arguably, therefore, so long as the behaviour complained of ceased, even for a short period of time, and then resumed either in the same or a different form, this can form a course of conduct. It is possible for behaviour directed at one person to harass another - so long as it can be proved that the suspect knew or ought to have known that his or her behaviour was causing harassment to another. Examples might include threatening emails, telephone calls, threatening letters, verbal abuse, criminal damage, etc. There is no concept of official 'warnings' under the PHA. The DVCVA aims to place complainants at the heart of the criminal justice system. For example, following a person, watching or spying on them or forcing contact with the victim through any means, including social media. Stalking and harassment have always existed, but since the growth of the internet, it has become easier for those who carry it out to do so either as an extension of their existing activities, or purely online. More information can be found at: www.caada.org.uk. If on the trial on indictment of a person charged with an offence under this section the jury find the person not guilty of the offence charged, they may find the person guilty of an offence under section 2 or 2A. The elements of the section 4 offence are: Section 4 also includes the following statutory defences. In order to protect the activities of the security forces, and those investigating serious crime, under section 12, the Secretary of State may issue a certificate to the effect that the behaviour complained of was done in relation to: Such a certificate is conclusive evidence that the PHA does not apply to the conduct of a person on a specified occasion. which the defendant knows, or ought to know amounts to harassment of another. Whether the defence has offered a plea that is in accordance with the evidence available to the prosecution; Have there been any changes in circumstances since the decision to charge stalking was made? previous convictions (or alternatively there may be relevant police intelligence) for violence or other offending (for example, domestic abuse, sexual violence, other violence, theft, and criminal damage); engaged in harassment on previous occasions against the victim or someone else; harmed the victim or anyone else (including family, or anyone else the victim may have had a relationship with, or stranger), physically or sexually; harmed animals - in particular harmed pets belonging to the victim or those close to the victim; breached an injunction, non-molestation order, other court order or bail conditions; encouraged other people to assist in the stalking or harassment (whether they are conscious of their involvement or not); considerable knowledge about the victim. It is essential that the victim is fully aware of the decisions being made as they may directly impact on the victim's safety. Stalking as a specific behaviour as opposed to harassment more generally. A young woman had had a brief relationship with a man some years her senior who she had met through a dating agency. The law which prohibits cyberstalking can be found in section 2A of the Protection from Harassment Act 1997. As more and more people become Internet users, the opportunities for abuse increase. Victims who experience harassment can seek a restraining order, the breach of which maybe a criminal offence. he or she is present outside or in the vicinity of any premises that are used as a dwelling; he or she is there to represent to the resident or another individual or persuade the resident or another individual that he should not do something he is entitled to do; or that he or she should do something he is not under any obligation to do; the person intends his presence to amount to the harassment of, or to cause alarm or distress to the resident; or knows or ought to know that his presence is likely to do so; and. Prosecutors should ensure that when they are presented with a case either for charge or at court, a full risk assessment has been recently conducted by the police. You can either ask the police for help with cyberstalking or you may take the route of dealing with the cyberstalker through a solicitor. However, the guidelines (http://www.homeoffice.gov.uk/about-us/corporate-publications-strategy/home-office-circulars/circulars-2012/018-2012/) issued by the Home Office suggest that evidence of a substantial adverse effect may include the following: (a) the victim changing their routes to work, work patterns, or employment; Harassment - section 4, the wording must contain "on each occasion", as specified in the required elements of this offence. If the police were not in attendance, but the resident had CCTV evidence of particular individuals on the roof of his house, and he had been harassed, alarmed or distressed by the presence of the protestors, the police could arrest the suspects for the new offence. How strong is the evidence to demonstrate behaviours associated with stalking? It is possible that it could be raised as by individuals such as investigative journalists or Neighbourhood Watch members who claim that their activities are for the purpose of detecting or preventing crime. Although harassment is not specifically defined in section 7(2) of the PHA, it can include repeated attempts to impose unwanted communications and contact upon a victim in a manner that could be expected to cause distress or fear in any reasonable person. Also prosecutors should be aware that restricting the suspect's ability to stalk or harass a particular victim may have unintended consequences. when a course of conduct fell short of causing a victim to feel fear of violence but nevertheless caused a victim serious alarm or distress. The purpose of the VPS statement is to: Further information can be found in Victim Personal Statements, elsewhere in the Legal Guidance. In the case of Pratt v DPP [2001] EWHC 483, the Administrative Court held that two incidents almost 3 months apart were "close to the line" but nevertheless sufficient to establish a course of conduct. This most obviously applies to companies acting within their legal entitlement, for example, a Building Society manager warning in writing of repossession proceedings, because of default in mortgage payments, followed by repossession taking place. It amends the Family Law Act 1996 by inserting a new section 42A, which makes it a criminal offence to breach a non-molestation order. the occurrence of destruction or vandalism of property belonging to either the victim or someone else. The CPS Employee's Guide on Violence Against Women was published in March 2010. The offence now may be punished either as a criminal offence with a maximum penalty of five years' imprisonment, or as a civil contempt of court as before. There is no specific requirement that the activity making up a course of conduct should be of the same nature. In this case a section 4A charge is appropriate as there is a course of conduct which causes the victim "serious alarm or distress" and the defendant's behaviour has a substantial adverse effect on the day-to-day activities of the victim. - This organisation aims to create a safer society and enable everyone to live safer lives. Cases of cyberstalking often begin after a short encounter with the victim, which leave the cyberstalker feeling insecure or embarrassed. dog walking, sports facilities and playgrounds; and. This is known as 'stalking by proxy'. He sent hundreds of e-mails at her work and personal email accounts. The prison can be informed of the existence of an order by the police. Given the often complex nature of cases involving stalking and harassment it is likely that many stalking cases will be referred through to the CPS for pre-charge advice. For further information see www.electoralcommission.org.uk. 27). She started sending e-mails to his seniors and to clients of the bank, claiming negligence, then persecution and conspiracy. For example, by the victim emailing the document to their own email address as each entry is included. They should be asked to ask them to log any suspect behaviour. It is likely that the defence may argue particular acts "associated with stalking" should not be classed as stalking but harassment and that their client is guilty of harassment, not stalking. The second defence to sections 2 and 4 states that the course of conduct was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under the enactment. to assess whether the perpetrator might be a risk to other individuals or to the general community. This could be as a result of a rogue telephone call by the suspect the outcome of which is ongoing harassment; and. Closely connected groups may also be subjected to 'collective' harassment. As the receipt of a police notice could be used as evidence in subsequent proceedings, it should be given personally so that there is clarity about the defendant's identity and that they received the notice. The PHA was introduced in 1997 largely to tackle stalking, though the offence of harassment extends to any form of persistent conduct which causes another alarm or distress. This guidance provides a summary of the main types of cybercrime offending and highlights where further guidance is available. However, there are some circumstances in which it can be useful to inform a suspect verbally and/or in writing that their alleged actions may constitute an offence under the Act. Such disputes may include complicated counter-allegations and repeat reports to the police. Should not be a risk to other individuals or to the extent that defendant... 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