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  Cyberbullying in itself is not a crime, and is not covered by a specific law in the UK. These were interspersed with considerable periods of affectionate life. In cases of stalking and harassment, the police should encourage the use of Victim Personal Statements (VPS) when dealing with these cases. Three defences are available to the section 2 offence: The Protection from Harassment Act 1997 was intially introduced as a Stalking Bill and was always intended to tackle all forms of harassment including stalking. Police officers will have a power of entry in relation to the new offence of stalking under section 2A of the Protection from Harassment Act 1997. He stops her and says hello and states that he is just visiting some old colleagues. pursuit of the course of conduct was reasonable for the protection of him or herself or another or for the protection of her, his or another's property. A young woman had had a brief relationship with a man some years her senior who she had met through a dating agency. For example, a young woman subjected to stalking may find it difficult to report it because she fears she will not be taken seriously because of her age. Victims can also be made aware that there is anonymous voter registration available for people at risk. The measures are collectively known as 'special measures'. 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. 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. tricking other internet users into harassing or threatening a victim. 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. You can either ask the police for help with cyberstalking or you may take the route of dealing with the cyberstalker through a solicitor. In determining whether the defendant ought to know that the course of conduct amounts to harassment, the question to be considered is whether a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other. Help us to improve our website; let us know When a police notice has been issued, the officer should record that fact and the nature of the notice (for example, allegations made), and offer it to the recipient to sign, indicating receipt and understanding. to assess whether the perpetrator might be a risk to other individuals or to the general community. For example, revealing the sexuality of a victim could place them at risk of homophobic abuse. In addition, it is covered in the Violence Against Women Act and other federal acts. (c) publishing any statement or other material relating or purporting to relate to a person, or purporting to originate from a person, As part of Police Watch, the police provide a visible police presence to both the victim and the suspect. Cyberstalking could come about following online or offline dating with the victim, or because the victim represents to the cyberstalker something the cyberstalker resents. When she still refused to have anything to do with him, his tone shifted and he wrote to her, stating that, if he could not have her, no-one would. She feels very intimidated by Rex's behaviour and is starting to feel trapped in her home. In contrast to section 2A, the defences at section 1(3) are specifically included in section 4A. One such example is when a charging lawyer does not agree with the decision to refuse bail post-charge. Any relevant comments made by the individual should be recorded in the officer's pocket notebook and the individual should be asked to endorse the record. More information can be found at: www.caada.org.uk. In its paper 'Animal Welfare - Human Rights - Protecting People from Animal Rights Extremists' (July 2004), the Government announced that it wished to strengthen the law to tackle campaigns of harassment by animal rights extremists and create a new offence of protesting outside homes. Early consultation with the allocated police officer and contact with the specified Witness Care Unit are also important in ensuring that the risks in the case are understood, as well ensuring that any further offending reported is addressed as quickly as possible, as this behaviour can dramatically increase the risk for the victim. 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. The new powers to the police will aid in investigation and evidential gathering for example in harassment cases that involve cyber stalking. The power of entry is exercisable by warrant and will allow the police to enter and search premises if there are reasonable grounds for believing that an offence under new section 2A has been or is being committed. What is Sextortion? It is also important that, where appropriate, victims are able to access relevant support organisations. While a course of conduct requires behaviour on at least two occasions, Prosecutors should note that when drafting an indictment for an either way stalking or harassment charge, the following should be borne in mind: In terms of selecting charges it is important for prosecutors to understand the difference between persons who are stalked and those who are harassed; in some cases the distinction between a stalked victim and a harassed person will not be clear cut and both definitions could easily be applied. 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. 2) Rules 2009 (SI 2009/857); and. Links to other relevant policies and legal guidance: Cases of stalking and harassment that fall within the Government definition of domestic violence should be identified both on the file jacket (for example, through a readily identifiable sticker, marking it with the letters 'DV' or using a different colour file jacket) and flagged on CMS as domestic violence. Where a court has the power to make a non-molestation or occupation order, it can accept an undertaking from the respondent (for example, not to molest, not to go within a certain distance of the home, etc.). This order can be made in addition to a custodial sentence or other sentence. Upon receipt of an expedited report or evidential file, a prosecutor should: It is important to note that matters said to constitute the course of conduct amounting to harassment must be properly particularised in the information laid or in the indictment (C v CPS 2008 EWHC 148). Get in touch today for more information, advice and support. This is also a disability crime as there is hostility based on the victim's disability. the suspect (for example, previous history of behaviour and their circumstances); and. For example, there may not be sufficient evidence of a course of conduct which breaches the PHA. the occurrence of destruction or vandalism of property belonging to either the victim or someone else. Multi-agency risk assessment conferences (MARACs) are meetings attended by representatives of the agencies that have a role in protecting a victim in a particular case. This is known as 'stalking by proxy'. 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. Police officers should be reminded of this best practise and any relevant contact numbers should be included in any correspondence. the victim (for example, their circumstances and any particular vulnerability). A prosecution under section 2 or 4 requires proof of harassment. For example, factors relating to harassment may require safety and security measures to be put in place. The court  held that in order to rely on the defence under section 1 (3)(a) of the Protection from Harassment Act 1997, which exempts liability for a course of conduct "pursued for the purpose of preventing or detecting crime", the alleged harasser would have to show that he had acted rationally. 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. - the new National Stalking Advocacy Service was established in the spring of 2013. The first defence is that the course of conduct was pursued for the purpose of preventing or detecting crime. London, SW1H 9EA. Acts might be some distance apart, and yet still constitute a course of conduct. 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. While some countries apply older laws, others have enacted specific cyberstalking laws. Any charging decision will depend on the particular facts unique to the case and each should be considered on a case-by-case basis. We are then able to identify areas where improvements need to be made (including in relation to victim support and safety). Adults & Children take note.. The prosecutor should consider the needs of the victim when advising on charge, including the need to apply for special measures; outline a timetable for the police to send the outstanding evidence when the Threshold Test is applied and ensure that any delay is reasonable in all the circumstances; ensure that for the Full Code Test to be satisfied at a later stage, all outstanding evidence , outlined in the initial advice is requested and checked; make proactive enquiries with the police and ensure all information in respect of the suspect's criminal behaviour or intelligence reports relating to domestic violence incidents are provided as often stalking and harassment cases are interlinked with domestic violence incidents; create a detailed review on CMS and refer to all relevant issues from the advice given. It is therefore imperative that the correct charge is laid from the outset. It is confirmed as including speech. Is the prosecution of cyberstalking and online harassment in the UK a postcode lottery?. The woman states that this might be someone she used to work with. 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. Cyberstalking Legislation. The Violence Against Women and Girls (VAWG) Strategy provides an overarching framework for crimes that have been identified as primarily, although not exclusively, committed by men against women, within a context of power and control. Updates in cyberstalking laws and investigation techniques have resolved many of these problems, but despite these changes, anyone grappling with a cyberstalking charge, as either a defendant or a victim, should be familiar with the most recent laws and … Section 125(7) of the SOCPA amended the definition of course of conduct in section 7(3) of the PHA so that in relation to two or more persons a course of conduct means conduct on at least one occasion in relation to each person. Unless the court is satisfied that the applicant and any relevant child will be adequately protected without such a power, a power of arrest must be attached to an occupation order made following an application on notice and where the court is satisfied that the respondent has used or threatened violence against the applicant or relevant child. This could include harassment of a person in the public eye, but is not restricted to this; where the identity of the suspect is not known. It also helps ensure that if appropriate, an experienced prosecutor can be assigned to the case, and that all of the relevant applications and case handling issues can be dealt with in a timely and effective manner. This may constitute an abuse of process. Alternatively, in less serious cases, advice from such a prosecutor may suffice. In some cases, in consultation with the victim, it might be appropriate to make the suspect aware of the action. He has since followed her making fun of her age and mobility problems on two further occasions when she has walked past the house. Where there is a choice of charges between harassment and stalking, prosecutors should consider the following principles before selecting correct charge: Each case needs to be considered on its own facts and its own merits, but where the course of conduct involves significant elements of stalking behaviour, a charge under section 2A or section 4A should be the starting point. 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