Living in fear – the police and CPS response to harassment and stalking

Chief Inspector Kevin McGinty, commenting on the joint HMIC/HMCPSI report into harassment and stalking published on 5 July 2017, said: “While inspectors found examples of good practice there is still a great deal to be done if victims are to receive the protection existing legislation was intended to give them.

There is no doubt that harassment and stalking can cause untold suffering to victims. This report has heard from many of them about the devastating effects it has had on their lives. A number of recommendations have been made to both the police and CPS on how they need to improve the way they respond to these crimes.

 “While inspectors found examples of good practice there is still a great deal to be done if victims are to receive the protection existing legislation was intended to give them. One area where the CPS can make a significant difference is to ensure that offences charged reflect the seriousness of the offending more accurately, particularly with regard to stalking. By not doing so, they fail to use all the means available to deal with this damaging and dangerous behaviour.”

The inspection found that victims of harassment or stalking are being let down by under-recording, inconsistent services and a lack of understanding by the criminal justice system. Crimes of harassment and stalking were often missed or misunderstood by both the police and Crown Prosecution Service (CPS). As a result, inspectors found cases where offenders were allowed to continue their persecution of victims, or victims were not protected with the powers in place to prevent this kind of personal and persistent crime.

Inspectors also found that prosecutors were charging stalking offences as harassment, meaning charges did not reflect the seriousness of the offence and victims were not getting the support they were entitled to. There were also varying practices in different CPS Areas on whether decisions to alter charges had to be approved by managers.

Two recommendations were made specifically to the CPS – that they reinforce guidance to prosecutors about whether to accept pleas to harassment instead of pursuing stalking charges, and ensure all prosecutors have received training in harassment and stalking.

Living in fear – the police and CPS response to harassment and stalking