cyberstalking laws uk

Stalking as a specific behaviour as opposed to harassment more generally. When considering such cases, it is important to balance the right to legitimate protest, with the rights of any individual to be free from harassment. The service aims to provide strategic advocacy to high risk victims of stalking and establish a network of victims who have endured stalking, providing mutual support and empowerment. Every effort should be made to ensure that victims in cases of stalking and harassment are consulted prior to making bail decisions. Harassment of an individual can also occur when a person is harassing others connected with the individual, knowing that this behaviour will affect their victim as well as the other people that the person appears to be targeting their actions towards. the course of conduct was pursued for the purpose of preventing or detecting crime; 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 any enactment; or. Acts might be some distance apart, and yet still constitute a course of conduct. Whilst prosecutors are not expected to be experts in civil proceedings, they should be aware of the options open to victims or other agencies under civil procedures so that an all encompassing approach can be taken in safeguarding and supporting victims. Whenever a case of stalking and harassment falls within the definition of domestic violence the appropriate guidance should be followed. which the defendant knows or ought to know involves harassment of those persons; by which he intends to persuade any person (whether or not one of those mentioned above); not to do something that he is entitled or required to do; or. history of the relationship, particularly if there has been violence in the past; previous convictions for a similar type of behaviour; victim's injuries, including psychiatric injury; if and how the offender planned the harassment; effect on any third party (spouse, partner, family, neighbours, work colleagues); any civil orders made including non-molestation orders or injunctions; likelihood of the offender offending again; status of the victim's current relationship with the offender; and. to locate personal information about a victim; as a means of surveillance of the victim; identity theft such as subscribing the victim to services, purchasing goods and services in their name; electronic sabotage such as spamming and sending viruses; or. 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). 27). Accordingly, section 1 effectively gives complainants a choice on the mechanism by which a breach of a non-molestation order is dealt with. (c) the victim putting in place additional security measures in their home; Prosecutors should note that stalking and harassment of another or others can include a range of offences such as those under: the Protection from Harassment Act 1997; the Offences Against the Person Act 1861; the Sexual Offences Act 2003; and the Malicious Communications Act 1988. It is sometimes difficult to link the stalking behaviour of the offender to the victim without seizing the equipment used to stalk the victims. Instead, laws focused on harassment, slander, and stalking, along with the Violence Against Women Act, can be used in cyberstalking cases. Such disputes may include complicated counter-allegations and repeat reports to the police. Prosecutors should also ensure, as part of reviewing the case, that a victim's view on a restraining order is sought from the outset. These were interspersed with considerable periods of affectionate life. government's services and As cyberstalking is a form of emotional assault, laws governing harassment and slander can be applied to electronic communications. The Code for Crown Prosecutors also states that charges should be selected which enable clear presentation of the case. Full assessment of risk, and formulation of plans for a defendant's management post conviction, are likely to require assessment by a psychiatrist or a psychologist using specialist risk assessment tools, such as the Stalking Risk Profile. He sent hundreds of e-mails at her work and personal email accounts. It works for the reduction, and fear of, crime against the person through campaigning for policy and legislative change, research, training, and advice. the course of conduct amounts to stalking. While some countries apply older laws, others have enacted specific cyberstalking laws. However, no power of arrest can be attached to this civil order and, in order to enforce it though the civil courts, the victim will need to return to court to apply for a warrant of arrest. The 6 months' limitation should run from the last date of the course of conduct alleged. It can happen to anyone! Published: 29 th July, 2020. (e) physical or mental ill-health; Requests should be made in accordance with the protocol in those Areas in which it has been implemented. For example, by the victim emailing the document to their own email address as each entry is included. 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. Stalking is not legally defined but section 2A (3) of the PHA 1997 lists a number of examples of behaviours associated with stalking. 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. If a plea to harassment is offered when the defendant has been charged with stalking, as a starting point, the victim's view must be considered. Stalking - harassment which involves a course of conduct that amounts to, Stalking - s.4A (1) PHA 1997 which can be. Since the correct application of a restraining order can be a significant part in managing the risks to a victim and in preventing further harassment, the investigating officer should provide information about possible conditions for an order as soon as possible. Section 4A is an either way offence and on conviction on indictment, to imprisonment for a term not exceeding ten years, or a fine, or both. In such a case, it maybe relevant to remind the police that they should inform victims that they maybe able to seek additional recourse via the civil court by making application for a non-molestation order or other injunctive relief. This involves referrals to mental health services (sometimes including use of police powers under the Mental Health Act 1983) and where necessary criminal investigation. Her tone was hostile. 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. (In this circumstance the police and prosecutors could only consider a section 2 summary offence). This is both in terms of case building and the potential disclosure of undermining material to the defence. (e) loitering in any place (whether public or private), The list is not an exhaustive one but gives an indication of the types of behaviour that may be displayed in a stalking offence. where the victim(s) is/are a target of a campaign involving domestic extremism (for example, animal rights extremists). In particular, the use of the victim's mother's maiden name as a verification code for access to personal details should be discouraged. applications in respect to witnesses; and. It should be noted that whereas the section 2 and 4 offences require a course of conduct, breaches of court orders require only a single act. Many victims and witnesses of stalking behaviour and harassment experience stress and fear during the police investigation of a crime and the process of attending and giving evidence to a court. It should also be completed as soon as possible after each event, with all entries timed and dated. Section 12 of the Domestic Violence, Crime and Victims Act 2004, as well extending the availability of restraining orders to all offences, provides the court with the power to make a restraining order even when a person has been acquitted, where the court considers it necessary to do so to protect a person from ongoing stalking or harassment from the defendant. Identifying quickly and accurately the risks posed by a defendant toward a victim, group of victims or indeed a victim's family is a crucial step in increasing the safety of a victim. The term can also include harassment by two or more defendants against an individual or harassment against more than one victim. Useful items to include within this information: It is important that the terms of orders are clear, but not so prescriptive as to allow alternative forms of harassment. Section 112 of the Protection of Freedoms Act 2012 gives the police additional powers. She started sending e-mails to his seniors and to clients of the bank, claiming negligence, then persecution and conspiracy. Harassment (section 2): a summary only offence, carrying a maximum of six months' imprisonment and/or a level 5 fine; Stalking (section 2A): a summary only offence, carrying a maximum of six months' imprisonment and /or a level 5 fine; Fear of violence (section 4): an either way offence, carrying a maximum of ten years' imprisonment and/or a fine on indictment; Stalking - involving fear of violence or serious alarm or distress (section 4A): an either way offence, carrying a maximum of ten years' imprisonment and/or a fine on indictment; Breach of a civil injunction (section 3(6)): an either way offence, carrying the same penalty as for the section 4 offence; Breach of a restraining order (section 5(5)); an either way offence, carrying the same penalty as for the section 4 offence; a civil tort of harassment, created by section 3. which amounts to harassment of another; and. information from other agencies or organisations who are involved with the family. 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. In many cases, the conduct might appear innocent ( if it were to be taken in isolation), but when carried out repeatedly so as to amount to a course of conduct, it may then cause significant alarm, harassment or distress to the victim. It is important when considering such cases to determine whether there is evidence of a clearly aggrieved party and perpetrator. Has the defendant been convicted of a stalking offence? Further information about restraining orders and the prosecution of breach of the orders (as well as variation) can be found in Restraining Orders , elsewhere in the Legal Guidance. New Stalking Protection Orders ( SPOs) will allow courts in England and Wales to move quicker to ban stalkers from contacting victims or visiting their home, place of work or study. 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. neighbours whose homes or workplace are in a line of sight of the location of the incident; those resident or working adjacent to likely routes taken by the defendant; those near to or who are users of potential sites for parking a vehicle; those who use nearby leisure facilities, e.g. When she terminated the liaison by text message, he refused to accept her decision. Cyber / online crime, Hate crime, Domestic abuse, Sexual offences, The CPS Areas, CPS Direct, Central Casework Divisions and Proceeds of Crime, Domestic Violence, Crime and Victims Act 2004, Section 4A (1) (b) (i)  - Putting People in Fear of Violence, Defence - Putting People in Fear of Violence - section 4, Section 4A (1) (b) (ii) offence - Stalking involving fear of violence or serious alarm or distress, Incidents before commencement of Stalking legislation, Secretary of State's Certificate - section 12, Pleas to Harassment when Stalking has been charged, Defence to Breach of Criminal or Civil Order, Impact and Dynamics of Stalking and Harassment, Stalking and Harassment and the CPS Violence Against Women Strategy, CPS Employee's Guide on Violence against Women and Girls, Identification, Assessing and Managing Risk, Police Information Notices to Suspects about potential offences under the PHA, Obtaining and using documents and information from family proceedings, Protocol on the appropriate handling of stalking offences between the Crown Prosecution Service & NPCC, CPS Policy on prosecuting cases of Domestic Violence, Legal Guidance on Racist and Religious Crime, http://www.homeoffice.gov.uk/about-us/corporate-publications-strategy/home-office-circulars/circulars-2012/018-2012/, www.acpo.police.uk/documents/crime/2009/200908CRISAH01.pdf, www.nss.org.uk/about/stalking-facts-figures/stalker-types/, Violence Against Women and Girls Guidance, Prostitution and Exploitation of Prostitution, www.dca.gov.uk/family/metpol-protocol.pdf, Safeguarding Children:guidance on chidren as victims and witnesses, Restraining Orders - Section 12 Domestic Violence, Crime and Victims Act 2004, CPS North East - Domestic abuse prosecutions - November 2020, Stalking analysis reveals domestic abuse link, CPS North East - Domestic abuse prosecutions - October 2020, Domestic abuse convictions - September 2020, Domestic abuse and stalking prosecutions - August 2020, CPS North East - Successful Domestic Abuse Prosecutions from July, Successful domestic abuse prosecutions during the COVID-19 pandemic: CPS West Midlands, Merseyside man jailed for setting fire to phone mast, CPS Response to the HMICFRS/HMCPSI Joint Thematic Inspection Report in Relation to Domestic Abuse Evidence-Led Prosecutions, Bar/CPS Standard for Communication between Victim, Witness and the Prosecuting Advocate, Controlling or Coercive Behaviour in an Intimate or Family Relationship, Non Accidental Head Injury Cases (NAHI, formerly referred to as Shaken Baby Syndrome [SBS]) - Prosecution Approach, Domestic Abuse Referrals from the Police to CPS – Troubleshooting Guide, Domestic Abuse Guidelines for Prosecutors, Violence against Women and Girls Guidance, Child Abuse (non-sexual) - prosecution guidance, Shaken Baby Syndrome and Sudden Infant Death Syndrome (SIDS). When preparing an order, consideration should be given to specifying the period of time that it should remain in force. Additionally, in cases of stalking and harassment the police can also utilise S-DASH which enables them to ask additional questions specifically to identifying high risk cases of stalking and harassment. Family members, friends and employees of the victim may be subjected to this. The order can and sometimes should exceed the custodial period. These may include civil as well as criminal issues. 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. Difficulties could arise in proving distances should there be a breach, and harassment may be possible, for example, from 301 metres. (b) the conduct was pursued under any enactment or rule of law; or Section 2A is a summary offence and a person guilty of the offence of stalking is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine. Harassment is included within the domestic violence strand and as such should therefore be addressed within the overall framework of VAWG. the victim (for example, their circumstances and any particular vulnerability). The executive of a bank began receiving e-mails from a woman who appeared to hold him responsible for the failure of her business, the matter relating to a refusal to give a loan two years previously. The maximum penalty for contempt is two years' imprisonment. Email: helpline@womensaid.org.uk. Cyberstalking and other forms of online harassment are phenomena that can make the victims feel frightened, depressed and isolated. In the majority of cases, we in the CPS will not have information independent of the police that can inform the process. Under section 32(1)of the CDA 1998, a person is guilty of an offence under this section if he commits-, a) an offence under s2 or s2A of the Protection from Harassment Act 1997 (offences of harassment and stalking); or. to assess whether the perpetrator might be a risk to other individuals or to the general community. The Protection of Freedoms Act 2012, s.111 created 2 new offences (inserted in PHA 1997): - Stalking involving fear of violence (s.4A(1)(b)(i) PHA 1997) OR, - Stalking involving serious alarm or distress (s.4A(1)(b)(ii) PHA 1997). A strong, coordinated prosecution team is required to proactively build and manage a case. Contact the police if you’re being stalked - you have a right to feel safe in your home and workplace. It comprises five motivational types, that can be summarised as: For further information on case studies on stalking see the following link: Chartered Forensic Psychologist Dr Lorraine Sheridan - www.nss.org.uk/about/stalking-facts-figures/stalker-types/. 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. The nature of stalking and harassment, particularly where the victim has been followed or subjected to periods of observation, will usually mean that the defendant has spent significant periods of time in the vicinity of the victim's home, place of work or other places that the victim habitually visits. If the victim is reluctant to attend court, would it be in the public interest to witness summons him or her? Prosecutors should therefore examine the end situation in terms of the impact on the victim to determine whether someone has been stalked or harassed. Further guidance can be found in the Legal Guidance on Public Protests. frequent unwanted contact, for example, attending at the home or the workplace of the victim, telephone calls, text messages, emails or use of other mechanisms such as the internet and social networking sites; sending letters or unwanted 'gifts' or items to the victim; arranging for others to deliver unwanted items to the victim; boasting that they are aware of the location or address of other family members or children; burglary or robbery of the victim's home, workplace, vehicle or other; becoming further and further embedded within a victim's life, for example, by making contact with their friends and family; threats of physical harm to the victim (including sexual violence and threats to kill); physical and/or sexual assault of the victim and even murder. The phrase "substantial adverse effect on ... usual day-to-day activities" is not defined in section 4A and thus its construction will be a matter for the courts. The victim should be advised to identify any sources of personal information that may provide information to the suspect. what you think by taking our short survey, Latest findings for our review of completed coronavirus prosecutions, ⚖️Five young men who carried out a vicious knife attack at a birthday party in Milton Keynes have today been convic…, ⚖️ In one of the largest manslaughter cases the CPS has ever prosecuted four men have today been found guilty of b…, RT @CPSWestMids: Three teenagers have been sentenced for the murder of a 15-year-old boy. It maybe necessary to produce this information as evidence in subsequent proceedings if the defendant persists with the behaviour and denies knowledge that the victim was not encouraging his behaviour. (c) publishing any statement or other material relating or purporting to relate to a person, or purporting to originate from a person, In general, we should proceed on the basis that if the behaviour is clearly indicative of stalking, then that is the appropriate charge and should not accept a plea to harassment simply out of expediency. However, a course of conduct must involve conduct on at least two occasions, and in relation to the harassment of two or more persons, it means conduct on at least one occasion in relation to each person. Victims should be advised not to dispose of any personal information or correspondence via a dustbin. Victim Support Each victim's individual experiences of harassment and stalking will be different, and some victims may encounter additional barriers to accessing justice. (b) the victim arranging for friends or family to pick up children from school (to avoid contact with the stalker); It is therefore important that police officers should consider enquiries with neighbours and other potential witnesses such as routine visitors to the area. The defendant may have a delusional belief that an individual is in love with them (termed 'erotomania'), and that sooner or later they will respond. These could include: revenge; retribution; loneliness; resentment; a desire for reconciliation; response to a perceived insult or humiliation; or a desire for control. The purpose of the VPS statement is to: Further information can be found in Victim Personal Statements, elsewhere in the Legal Guidance. the suspect (for example, previous history of behaviour and their circumstances); and. A lacuna in the Public interest to witness summons him or her and! Old work colleague, telephone calls, threatening letters, verbal abuse, criminal damage, etc calls, letters! 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