The new stalking Act is merely a rehash of current legislation

When David Cameron used International Women's Day to announce that stalking would become a specific offence, once again the focus returned to this area of criminal law. The current legislation had come under earlier scrutiny when an independent parliamentary enquiry called for a review, describing the legislation as 'not fit for purpose'.

Given the proposed new law, in that it amends existing legislation, it is necessary to consider the current position. The Protection from Harassment Act 1997 makes it an offence to pursue a course of conduct which amounts to harassment of another and which the defendant knows or ought to have known amounted to harassment. A course of conduct anticipates that the behaviour complained of must have happened on at least two occasions.

Section 4 of the Act provides that further to the above it is a specific and more serious offence by the harassment to put someone in fear of violence. The punishment for the commission of the basic offence is a maximum of six months' imprisonment and, where the offence is committed under section 4, five years maximum on indictment.

In addition, a restraining order made under the legislation can protect the victim from further behaviour carrying again a five-year maximum term for breach. Where the harassment is racially aggravated the maximum term of custody is increased to two years and seven years respectively.

We are told that the existing legislation is 'not good enough or strong enough'. So, what is proposed? Cameron pledged to introduce a new law to make stalking, and stalking where there is fear of violence, criminal offences. Where there is such fear of violence the penalty will be a maximum custodial term of five years. But is this the effective new legislation for those victims who according to government have 'waited too long', or merely a reiteration of existing legislation? It is said the former, but I suspect the latter.

What is wrong with the existing regime? It does not specifically name stalking as an offence, but then neither does it define harassment and thereby limit its extent. The Protection from Harassment Act can be, and has been, used to prosecute a wide range of activities, many of which one would consider by their nature to be stalking.

The problem is it seems that anything other than new legislation does not attract headlines. We will therefore see enacted the amended Protection of Freedom Bill, which will make stalking a specific offence. The law is expected to come into force later this year and will seek to define stalking to include such behavior as following, contacting or attempting to contact by any means, loitering in public places, publishing material, monitoring email and internet and other such similar behavior. As indicated by our prime minster the basic offence will be punished by a maximum custodial term of six months, and therefore triable only summarily, while Crown Court jurisdiction and the maximum term of five years' imprisonment will be limited to those who put others in fear of violence.

Already the proposals have met with criticism, mainly that the law perpetuates the difficulties perceived by many as to the present failings of the Protection of Harassment Act. The problem faced is in proving that the victim has been put in fear of violence.

Prosecutions have tended to be brought under section 2, rendering the maximum sentence one of six months' imprisonment. It was hoped that one single offence of stalking would be created which would carry the sanctions that could be imposed by the Crown Court.

Need for better training

Whatever the criticisms, what is believed by many to be the fundamental issue is that stalking is not taken seriously as a problem. Until that is addressed, whatever legislation is in force will not help the victims.

It is said that around 120,000 women are stalked each year and around 53,000 incidents of stalking are recorded as crimes. Just a small percentage of those accused of stalking are convicted and fewer are jailed.

It is hard to believe the new Act will make a real difference. If offences aren't being properly investigated or prosecuted it will not matter whether it is called harassment or stalking, victims will still be unprotected. The charity Protection Against Stalking conducted a survey reporting that 65 per cent of people who contact the police, and 75 per cent of those who had contact with the CPS, in respect of such matters were not happy with the response. There are many who call for better training and a greater understanding of the plight of those who are stalked.

If Cameron wishes to 'make sure justice is done, protect the victims and show stalking is a crime', then the authorities must make sure that reports are taken seriously, properly investigated and effectively prosecuted.

Stalking is becoming increasingly common in modern society. The severity of this issue needs to be addressed with effective legislation, which deals directly with this harrowing and distressing crime and not simply a rehash of the present law.