CPS stalking prosecutions show important improvements

The HM Crown Prosecution Service Inspectorate (HMCPSI) has released a new report outlining the progress in stalking prosecutions by the Crown Prosecution Service (CPS). Although the findings indicate that the CPS is generally making sound charging decisions, there are critical gaps in the support provided to victims. Inspectors noted that while prosecutors are actively engaging with the seriousness of stalking cases, there is a significant need for consistent collection of Victim Personal Statements (VPSs), which play a vital role in helping courts comprehend the impact of stalking on victims.

The inspection analysed 350 cases across 14 CPS areas, and found no evidence of prosecutors downgrading stalking allegations, marking a considerable improvement since the 2017 joint inspection "Living in Fear". Prosecutors demonstrated a clear commitment to protecting victims by selecting appropriate charges, considering bail conditions, and effectively using restraining orders. However, the report highlights a reoccurring issue with VPSs, noting that in half of applicable cases, either a VPS was absent from police files or the CPS neglected to pursue one when necessary. The report stated that even when a VPS was obtained, it was not always appropriately utilised during sentencing, denying victims a voice in the court process.

The findings were mixed regarding Stalking Protection Orders (SPOs), which can offer protection even in the absence of criminal charges. The report states that prosecutors often did not take proactive steps in advising police about applying for these orders, viewing them incorrectly as solely a police responsibility. HM Chief Inspector Anthony Rogers remarked that while there have been improvements in identifying and charging stalking offences, "recognising stalking is not enough". He stressed the importance of ensuring victims are heard, stating that the CPS must take ownership in addressing these failings to protect victims.

The report makes a clear recommendation that by April 2027, the CPS should enhance its collaboration with police to secure VPSs in all relevant cases, alongside four compliance issues which the CPS must address to ensure improvements across the board. The challenge remains for the CPS to translate their credible plan for improvement into consistent practice to adequately support every victim in every case