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Stalking and Harassment Building a strong case MANJULA NAYEE, SENIOR POLICY ADVISOR, CROWN PROSECUTION SERVICE

Stalking and Harassment Building a strong case MANJULA NAYEE, SENIOR POLICY ADVISOR, CROWN PROSECUTION SERVICE. PROTECTION OF HARASSMENT ACT 1997. The Crown Prosecution Service (CPS) is committed to tackling violence against women and girls, which includes stalking as a key priority

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Stalking and Harassment Building a strong case MANJULA NAYEE, SENIOR POLICY ADVISOR, CROWN PROSECUTION SERVICE

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  1. Stalking and HarassmentBuilding a strong caseMANJULA NAYEE, SENIOR POLICY ADVISOR, CROWN PROSECUTION SERVICE

  2. PROTECTION OF HARASSMENT ACT 1997 • The Crown Prosecution Service (CPS) is committed to tackling violence against women and girls, which includes stalking as a key priority • Protection of Harassment Act 1997 . • Harassment (section 2): course of conduct = harassment of another . SUMMARY OFFENCE. 6 MONTHS • Fear of violence (section 4): course of conduct which causes another to fear that violence will be used against him – EITHER WAY OFFENCE- 5 YEARS IMPRISONMENT

  3. STALKING AND HARASSEMNT-RAISING AWARENESS • Raising awareness amongst prosecutors • Consultation. • CPS Stalking and Harassment legal guidance was launched in September 2010. • It is available on our website at: www.cps.gov.uk/legal/s_to_u/stalking_and_harassment/ • Model to review all cases now.

  4. TEAM WORKING • CPS + Police+ Victim + Other Agencies = • Best evidence • Strong case • Safety and support for victim • = Successful case

  5. CASE BUILDING = CONVICTION • Early consultation with CPS • Essential information • Information Recorded by Victims • Keeping the victim informed • Victim and Witness Support & Safety • Special measures

  6. EARLY CONSULTATION • Complex cases - • Behaviour is prolonged and targeted • Victim is at high risk • Refer to the CPS as early as possible. • Experienced prosecutor • CPS Policy and Legal Guidance on prosecuting cases involving Domestic Violence and Stalking and Harassment.

  7. ESSENTIAL INFORMATION The CPS will ask the police to provide the following background information: • the ability and willingness of the victim to testify; • the history of any relationships or contact, particularly if there has been violence and/or abuse in the past; • If any previous orders made and whether breached; • whether the suspect has made any threats since the incident;

  8. INFORMATION RECORDED BY VICTIMS Instruct victims to keep: • a record or diary of events • entries timed and dated. • details of witnesses • keep a record of how the defendant looked, details of their clothing or vehicle; • stored messages or tape any calls made by the defendant; • inform neighbours and friends.

  9. KEEPING THE VICTIM INFORMED • It is essential that the victim is fully aware of the decisions being made as they may directly impact on the victim's safety. • Early consultation with the allocated police officer and contact with the specified Witness Care Unit • Ensure any risk to the victim is understood from the outset

  10. VICTIM PERSONAL STATEMENT A VPS statement gives victims an opportunity • to state how the crime has affected them . • express their concerns about bail or the fear of intimidation by, or on behalf of the defendant; • provide criminal justice agencies, especially the Court with a ready source of information on how a particular crime has affected the victim involved. • Particularly useful when drafting restraining orders.

  11. SPECIAL MEASURES Many victims feel stress and fear when • Reporting a crime • Police investigation • Attending and giving evidence to a court. • Facing the defendant in the courtroom • Special measures – reassurance and confidence • CPS PROSECUTORS SHOULD APPLY FOR SPECIAL MEASURES AS EARLY AS POSSIBLE.

  12. Stalking and HarassmentBuilding a strong caseMANJULA NAYEE, SENIOR POLICY ADVISOR, CROWN PROSECUTION SERVICE

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