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What’s the story?
The rate of reported stalkers charged by police has almost halved over the last two years, according to government data.
Figures analysed by the BBC’s Shared Data Unit found charge rates have fallen from 11% to 6% between 2020-2022, a continuing year-on-year trend from 2014/15 where it was as high as 37%.
According to the data, a third of all cases are dropped because of difficulties in collecting evidence - despite the victim supporting action.
More than half of reported cases end with the victims not supporting further action.
Of the cases that do end up in court, the conviction rate for stalking offences is 66% across England and Wales.
The use of Stalking Protection Orders (SPOs) by police forces has also fallen in the last year. Freedom of Information request responses from 27 of the 42 police forces in England and Wales show a 35% drop in the number of SPOs applied for - with 310 fewer applications.
SPOs are designed to allow police to act at the earliest opportunity, and breaching one is a criminal offence that could land the offender with up to five years in prison.
Despite the drop in applications, the number of orders granted by courts has risen over the same time period, with 382 more granted in 2022 compared to 2021.
Meanwhile the number of stalking incidents reported to the police have more than tripled, jumping from 32,000 cases in England and Wales three years ago to nearly 100,000 in 2021-22.
The Home Office says the rise is linked to a change in the way stalking offences are recorded.
The data comes as specific stalking legislation was introduced in England and Wales ten years ago Friday (November 25).
Background
Stalking:
Two pieces of legislation currently cover the offence of stalking in the UK:
- The Protection of Freedoms Act 2012, s 111; and
- The Protection from Harassment Act 1997.
The Protection of Freedoms Act 2012, s.111 created 2 new offences (inserted into the PHA 1997):
Stalking - harassment which involves a course of conduct that amounts to stalking
Stalking - s.4A (1) - which can be committed two ways: - Stalking involving fear of violence - Stalking involving serious alarm or distress
The act of stalking is itself not legally defined, but the law lists a non-exhaustive list of a number of examples of behaviours associated with stalking.
The listed behaviours are:
- following a person,
- contacting, or attempting to contact, a person by any means,
- publishing any statement or other material relating or purporting to relate to a person, or purporting to originate from a person,
- monitoring the use by a person of the internet, email or any other form of electronic communication,
- loitering in any place (whether public or private),
- interfering with any property in the possession of a person,
- watching or spying on a person. The law is designed to recognise stalking as a specific behaviour rather than an element of more general harassment.
Stalking Protection Orders:
Stalking Protection Orders (SPOs) became available to police forces in England and Wales in January 2020.
The power, which can be granted by a civil court to police forces, are designed to allow police to act at the earliest opportunity, and breaching an SPO is a criminal offence that could land the offender with up to five years in prison.
Forces apply to magistrates court for an SPO. The courts can also impose an interim order to protect victims while a decision is being made.
SPOs usually remain in place for two years. According to the Crown Prosecution Service, examples of restrictions that could be imposed on a stalker include banning them from:
entering certain locations or defined areas where the victim resides or frequently visits;
contacting the victim by any means, including via telephone, post, email, SMS text message or social media;
- contacting or interacting with the victim via third parties, for example friends or family;
making reference to the victim on social media either directly or indirectly;
making vexatious applications to the civil court (including the Family Court) which reference the victim;
recording images of the victim;
using any device capable of accessing the internet unless it has the capacity to retain and display the history of internet use;
physically approaching the victim (at all, to within a specified area or as outlined on a map);
and/or engaging in any form of surveillance of the victim by any means.
Orders can also include requirements for the stalker to seek treatment and surrender electronic devices.
Where does the data come from?
We’ve provided data for every police force in England and Wales from two different sources:
- We analysed police recorded crimes outcomes data to provide rates for three different outcomes. Together, these three outcomes cover more than 90% of all reported stalking cases. They are:
Other outcomes included in the source data are listed below. Given the low percentage attributed to each outcome in the below list, we did not include them in our final data:
Diversionary, educational or intervention activity, resulting from the crime report, has been undertaken and it is not in the public interest to take any further action.
Further investigation to support formal action not in the public interest – police decision
Investigation complete – no suspect identified
Prosecution prevented or not in the public interest
Responsibility for further investigation transferred to another body
Taken into consideration
We also did not include any reports that have yet to be assigned an outcome in the data.
- We analysed Ministry of Justice data (Criminal Justice System statistics quarterly: December 2021 - GOV.UK (www.gov.uk)) to get a conviction rate for stalking offences that do end up in court.
We have also provided the results of a Freedom of Information request to every police force in England and Wales. Of the 42 forces, 27 responded at the time of publication.
We asked each police force to provide us with the number of Stalking Protection Orders they had applied for on behalf of victims and the number of such orders granted by the courts.
This is a repeat of an FOI we did last year, and we have included both years worth of data for comparison, and to see whether the totals had risen or fallen.
Comments and right of reply
Katy Bourne - Police and Crime Commissioner for Sussex
Katy Bourne is the lead for stalking in Wales and England. She is also a victim of stalking.
She says although the changes to the law ten years ago was a positive step, there is more that could be done.
“It’s good to recognize that we do have stalking legislation, that’s a huge step forward.
“Are we where we should be? No, I think there is still a lot more to do from all agencies, from police, making sure they recognize it, that they can actually gather intelligence around it. And then from courts, and partners, making sure we can actually prosecute it successfully.”
She said over the next ten years she would like to see police forces “recognise stalking” and “using the legislation as the default” rather than opting for harassment laws.
“I’d like to see a well-established perpetrator program for perpetrators for stalking to try and prevent their behaviour, and I’d like to see every police force adopt a stalking clinic: so that those really difficult cases can be put before specialists, so police officers can gather the correct intelligence, they know where to go to get the help they can pull those cases together, and then we get those successful convictions through the courts.”
Tracey Morgan - Campaigner
Tracey Morgan, is a former victim of stalking - her ordeal lasted nine years starting back in 1992. She has since gone on to campaign for better awareness and changes within the law. Tracey was one of those involved in the inquiry which led to legislation being changed in 2012 – she was at Downing Street when the announcement was made.
“I felt very privileged to be at a reception at Number 10 and hear it first-hand, it was groundbreaking and indicated huge steps forwards.”
That moment was “emotional” and “huge”, she added. Ten years on, she says “changing laws was easier than changing attitudes”.
“Months and years later, you find out laws aren’t being used as they should. It’s frustrating that there’s still a misunderstanding that it’s a benign crime,” she said.
Home Office
A government spokesperson said: “We take our response to stalking extremely seriously, which is why we have doubled the maximum sentence for stalking from five to ten years.
“In January 2020 we introduced Stalking Protection Orders for police forces, a new civil order to protect victims of stalking at the earliest possible opportunity; 456 orders were issued in their first year. Last year we tripled our annual funding to the Suzy Lamplugh Trust’s National Stalking Helpline, and we are continuing to fund it this year.”
Background
The Online Safety Bill, introduced in March 2022, includes the two stalking offences in the list of ‘priority offences’, meaning that tech companies will need to take proactive measures in relation to the presence of cyberstalking content online.
On 28 February 2022 the Government published its review into how Stalking Protection Orders had worked during their first 12 months, alongside some statistics on how many had been applied for, granted and potentially breached during that period. Management information: Stalking Protection Orders - GOV.UK
The review found that a very high percentage of Stalking Protection Order applications were granted at court (15 grants for every 1 refusal) and that the majority of police officers who took part in a survey on how stalking protection orders were working were satisfied with the training and guidance they had received on Stalking Protection Orders, and that processes surrounding the orders were working well.
We have not seen any evidence of declining levels of Stalking Protection Order applications.
Changes introduced in April 2020 to the Home Office Counting Rules in relation to the recording of stalking offences are expected to have led to an increase in the number of offences recorded by the police as a stalking offence. Therefore, data between years are not directly comparable.
For this financial year, the Home Office has awarded £16.9 million to continue to support the provision of perpetrator interventions, including funding for domestic abuse and stalking perpetrator interventions.
From this April, the Government has required the police to conduct surveys with victims of all types of stalking, to ascertain their level of satisfaction with the police response.
National Police Chiefs’ Council
National Police Chiefs’ Council lead for stalking and harassment, Deputy Chief Constable Paul Mills, said:
“We’re approaching the 10-year anniversary of stalking becoming a specific crime in England and Wales. It is only right that we recognise how significant this change in the law was and reflect on what has been done since to tackle these serious crimes, which can have a devastating effect on the lives of victims and their friends and family.
“We have focused our efforts on continued professional development and raising awareness to increase the early identification and reporting of stalking offences, to better understand the true extent of stalking behaviour, why it occurs and its frequency. We have also introduced specialist advisors and single points of contact who are responsible for improving standards in each of the 43 forces of England and Wales.
“In 2018, a joint protocol was published with the Crown Prosecution Service to ensure that there is joined-up approach in the investigation and prosecution process.”In January 2020, the Stalking Protection Act came into force and saw the rollout of Stalking Protection Orders (SPOs) giving the police a new tool to help better protect stalking victims. This has included the development of bespoke training and supporting statutory guidance.
“We recognise there is more to do to improve the criminal justice system outcomes for victims of stalking and are working closely with the CPS to understand the attrition of cases before the point of charge and court. We remain committed to bringing about the very best outcomes for all victims of these life changing crimes.
“I urge anyone who believes they may be the subject of stalking or harassment offences to come forward at the earliest opportunity and report their concerns to police or other support agencies so we can work with them to protect and safeguard them.”
Notes to editors: In addition to the above:
- A stalking checklist has been introduced for officers to complete as part of the referrals to CPS
- There has been an improvement in crime reporting guidance around stalking
- Police have implemented a suite of training and guidance material for leaders, investigators and police responders
- Police have raised awareness and improved early identification of stalking behaviours in both the public and officers by encouraging the use of FOUR (i.e is the behaviour Fixated, Obsessive, Unwanted, Repeated?)
- We have worked with partners to introduce Multi Agency Stalking Intervention Programmes (MASIP). Such programmes see agencies work together to ensure a robust criminal justice response is paired with perpetrator intervention, while remaining survivor-centred and trauma-informed to enhance protection to those victimised. One such example is the Stalking Threat Assessment Centre (STAC), pioneered by Metropolitan Police Service, the National Probation Service and the Suzy Lamplugh Trust.
Comments and right of reply
Katy Bourne - Police and Crime Commissioner for Sussex
Katy Bourne is the lead for stalking in Wales and England. She is also a victim of stalking.
She says although the changes to the law ten years ago was a positive step, there is more that could be done.
“It’s good to recognize that we do have stalking legislation, that’s a huge step forward.
“Are we where we should be? No, I think there is still a lot more to do from all agencies, from police, making sure they recognize it, that they can actually gather intelligence around it. And then from courts, and partners, making sure we can actually prosecute it successfully.”
She said over the next ten years she would like to see police forces “recognise stalking” and “using the legislation as the default” rather than opting for harassment laws.
“I’d like to see a well-established perpetrator program for perpetrators for stalking to try and prevent their behaviour, and I’d like to see every police force adopt a stalking clinic: so that those really difficult cases can be put before specialists, so police officers can gather the correct intelligence, they know where to go to get the help they can pull those cases together, and then we get those successful convictions through the courts.”
Tracey Morgan - Campaigner
Tracey Morgan, is a former victim of stalking - her ordeal lasted nine years starting back in 1992. She has since gone on to campaign for better awareness and changes within the law. Tracey was one of those involved in the inquiry which led to legislation being changed in 2012 – she was at Downing Street when the announcement was made.
“I felt very privileged to be at a reception at Number 10 and hear it first-hand, it was groundbreaking and indicated huge steps forwards.”
That moment was “emotional” and “huge”, she added. Ten years on, she says “changing laws was easier than changing attitudes”.
“Months and years later, you find out laws aren’t being used as they should. It’s frustrating that there’s still a misunderstanding that it’s a benign crime,” she said.
Home Office
A government spokesperson said: “We take our response to stalking extremely seriously, which is why we have doubled the maximum sentence for stalking from five to ten years.
“In January 2020 we introduced Stalking Protection Orders for police forces, a new civil order to protect victims of stalking at the earliest possible opportunity; 456 orders were issued in their first year. Last year we tripled our annual funding to the Suzy Lamplugh Trust’s National Stalking Helpline, and we are continuing to fund it this year.”
Background
The Online Safety Bill, introduced in March 2022, includes the two stalking offences in the list of ‘priority offences’, meaning that tech companies will need to take proactive measures in relation to the presence of cyberstalking content online.
On 28 February 2022 the Government published its review into how Stalking Protection Orders had worked during their first 12 months, alongside some statistics on how many had been applied for, granted and potentially breached during that period. Management information: Stalking Protection Orders - GOV.UK
The review found that a very high percentage of Stalking Protection Order applications were granted at court (15 grants for every 1 refusal) and that the majority of police officers who took part in a survey on how stalking protection orders were working were satisfied with the training and guidance they had received on Stalking Protection Orders, and that processes surrounding the orders were working well.
We have not seen any evidence of declining levels of Stalking Protection Order applications.
Changes introduced in April 2020 to the Home Office Counting Rules in relation to the recording of stalking offences are expected to have led to an increase in the number of offences recorded by the police as a stalking offence. Therefore, data between years are not directly comparable.
For this financial year, the Home Office has awarded £16.9 million to continue to support the provision of perpetrator interventions, including funding for domestic abuse and stalking perpetrator interventions.
From this April, the Government has required the police to conduct surveys with victims of all types of stalking, to ascertain their level of satisfaction with the police response.
National Police Chiefs’ Council
National Police Chiefs’ Council lead for stalking and harassment, Deputy Chief Constable Paul Mills, said:
“We’re approaching the 10-year anniversary of stalking becoming a specific crime in England and Wales. It is only right that we recognise how significant this change in the law was and reflect on what has been done since to tackle these serious crimes, which can have a devastating effect on the lives of victims and their friends and family.
“We have focused our efforts on continued professional development and raising awareness to increase the early identification and reporting of stalking offences, to better understand the true extent of stalking behaviour, why it occurs and its frequency. We have also introduced specialist advisors and single points of contact who are responsible for improving standards in each of the 43 forces of England and Wales.
“In 2018, a joint protocol was published with the Crown Prosecution Service to ensure that there is joined-up approach in the investigation and prosecution process.”In January 2020, the Stalking Protection Act came into force and saw the rollout of Stalking Protection Orders (SPOs) giving the police a new tool to help better protect stalking victims. This has included the development of bespoke training and supporting statutory guidance.
“We recognise there is more to do to improve the criminal justice system outcomes for victims of stalking and are working closely with the CPS to understand the attrition of cases before the point of charge and court. We remain committed to bringing about the very best outcomes for all victims of these life changing crimes.
“I urge anyone who believes they may be the subject of stalking or harassment offences to come forward at the earliest opportunity and report their concerns to police or other support agencies so we can work with them to protect and safeguard them.”
Notes to editors: In addition to the above: