APPENDIX 25
Memorandum submitted by the Association
of Chief Police Officers Stalking and Harassment Portfolio
MEMORANDUM
Assistant Chief Constable Garry Shewan
takes responsibility for territorial policing in Cheshire Constabulary.
Garry studied sociology in Manchester
in 1981 when his degree focused upon the use of discretionary
policing methods and their impact upon inner city tension in the
early 1980s. Garry then went on to achieve a Masters degree in
Criminology exploring the impact of the 1984-85 miners' strike
on the political and operational independence of the police. Following
a period working as a lecturer, Garry joined Greater Manchester
police in 1987.
Whilst with the Greater Manchester Police,
Garry obtained a wide experience of policing which included his
design of a "township" policing model in 1993—a
forerunner of Neighbourhood Policing. In 2000 Garry was appointed
as Commander for Manchester City Centre where balancing the operational
needs of a major city with the development of partnerships shaped
his policing vision.
He was the architect of City Centre Safe
tackling alcohol related violence and was a key commander during
the 2002 Commonwealth Games. Between 1997 and 1999 Garry was seconded
to HMIC.
Garry was appointed ACC with Cheshire
in July 2005 where he has responsibility for territorial policing
and partnerships.
Arriving following the introduction of
a major change programme, Garry is ensuring that the new policing
model has a significant performance focus and that Neighbourhood
Policing develops with a wider community focus.
SUMMARY
1. ACPO have established a
discreet work stream alongside the current domestic abuse portfolio,
headed by DCC Brian Moore—Surrey Police.
2. Initial work will seek
to address the most serious / high-risk cases of stalking and
harassment.
3. A stalking and harassment
working group has been established.
4. The stalking and harassment
working group are developing an appropriate risk identification
model.
5. The stalking and harassment
working group are also focusing on; local and national harassment
warning procedures, use of "Osman" warnings, a national
audit of local harassment procedures and tactical measures to
assist victims of stalking and harassment.
6. The working group, in conjunction
with the National Police Improvement Agency, seeks to develop
a revised code of practice and guidance for investigators of stalking
or harassment.
STALKING AND
HARASSMENT PORTFOLIO
1. This year ACPO has established
a discreet work stream to address the specific concerns relating
to victims of Stalking and Harassment.
2. A stalking and harassment
working group has been established. The preliminary meetings of
the group have been instigated to scope exactly what work is required.
The ultimate goal of this work stream however, is to prevent the
death of victims of stalking and harassment.
3. Stalking can be summarised
as an act or crime of wilfully and repeatedly following or harassing
another person in circumstances that would cause a reasonable
person to fear injury or death. There are also often explicit
or implicit threats. Broadly, stalking must be treated as a crime
when a suspect engages in such a course of directed conduct that
serves no legitimate purpose and seriously causes the victim to
be harassed, alarmed or distressed.
4. The current offence of
harassment is complete when a person pursues a course of conduct,
causing the victim to be harassed alarmed or distressed and that
the suspect knew or ought to have known that his / her conduct
amounted to harassment.
5. Clearly, there are subtle
differences in terminology and therefore perceptions of stalking
and harassment "behaviour". These differences are something
which the work stream is keen to address. Such variation in perception
and interpretation as brought about quite radically different
approaches by police forces throughout the United Kingdom in their
recording, investigation and documenting of harassment cases.
6. The initial phases of the
work being undertaken by the national Working Group will be focusing
on the most serious / high-risk victims. Unfortunately, there
have been recent tragedies involving stalking and harassment as
a contributory factor prior to homicide which has highlighted
how current domestic abuse risk assessment tools could, and regrettably
did fail to identify high risk factors which tragically ended
in the loss of life.
7. The Working Group is seeking
to develop a Stalking and Harassment risk identification model
with the assistance of Dr. Lorraine Sherridan (University of Leicester)
and Dr. Carl Roberts (University of Sunderland) to identify vulnerability
of victims and the risk of fatality posed to them by the perpetrator.
It is essential that there is sound academic support and guidance
in relation to this subject but equally, any such guidance emerging
from research which is undertaken must be easily transposed into
a working model which can be applied by police officers and staff
during their day-to-day business.
8. The long term aim of this
work is to design a series of risk indicators / questions which
can be incorporated into the domestic abuse risk identification
assessment or which sits alongside it and is triggered by an allegation
or suggestion of stalking or harassment.
9. To this end, the stalking
and harassment portfolio sits closely alongside the domestic abuse
portfolio. Members from each group ensure that respective representation
is achieved from both portfolios at all key meetings and decision-making
points and that the respective portfolios are kept up to date
with any developments, findings or suggestions of good practice.
10. Initial results of the
research carried out by the working group appear very promising
and the initial results are to be delivered to the working group
on 3 October 2007. The preliminary risk identification tool has
been applied to approximately 20 genuine stalking and harassment
case files from Cheshire with an implication that it could aid
in the predictability of risk.
11. The report will mainly
relate to some small adjustments that need to be made before large-scale
piloting is undertaken. One of the main issues that came out of
the initial testing is the reinforcement of the fact that the
current risk assessment forms cannot be applied in all harassment
cases. It simply cannot test the appropriate constructs inherent
to cases of racial/homophobic harassment for example.
12. The Working Group have
also highlighted a significant absence of consistency when it
comes to the recording and use of harassment warnings. In addition
there is clear evidence that prosecution of high-risk "stalkers"
can often be delayed unnecessarily in order to deliver harassment
warnings inappropriately. The Working Group are therefore currently
undertaking a national audit of local procedures focusing upon
harassment recording procedures and the identification of best
practice identification.
13. Harassment warning notices
are not a statutory requirement, but can aid the evidence base
in court, should a prosecution be forthcoming. Early "loopholes"
were identified after the enactment of the Protection from Harassment
Act 1997 when "stalkers" claimed that they did not know
that their behaviour (such as sending flowers, cards etc.) amounted
to harassment. That their intention was not to cause the victim
to be either harassed, alarmed or distressed. To this end, police
forces began issuing suspects with a formal notice of warning
that the victim alleges that their behaviour does indeed cause
harassment, alarm and distress and that, should such activity
continue, then a prosecution will ensue.
14. This issue has caused
misconception throughout the police service that a warning notice
must first be served, prior to any other such action such as arrest.
This is clearly contradictory to the ACPO guidance of 2005 on
the subject and there is no statutory requirement for such a warning
notice.
15. There are however clear
benefits for warning notices in the "less-serious" cases.
The upsurge in mobile telecommunications and internet technologies
has enabled victims to be harassed far more readily and indeed
anonymously. Police forces are recording far more incidents whereby
the victim is harassed via abusive text messages for example and
warning notices to suspects, in the first instances, are often
enough to cease the course of conduct.
16. This should not deter
us from the fact that appropriate risk assessments must be undertaken,
particularly when the harassment is domestically related.
17. The Working Group will
also address the issue of "Osman warnings" and whether
they are appropriate for stalking and harassment cases and if
so, a set of guidelines for the police service. Osman is a stated
case (Osman Vs UK—1998). In summary the case places a positive
duty on the police to take appropriate action within their scope
to take measures to protect and save the lives of victims should
they know, or reasonably ought to have been aware that a victim
is at serious risk of death. This is often delivered in the form
of a warning and is particularly pertinent to domestic and harassment
cases.
18. The Working Group is therefore
keen to establish a set of national guidelines in relation to
harassment warning notice procedures, forms and guidance on the
recording and documentation of harassment cases.
19. The Group is therefore
working with the National Police Improvement Agency in order to
produce fresh practice guidance for operational officers and staff.
20. Victims of stalking and
harassment require the application of tactical measures to provide
protection.
21. Section 12 of the Domestic
Violence Crime and Victims Act 2004 and Section 125(6) Serious
Organised Crime and Police Act 2005 amends Section 5 of the Protection
from Harassment Act 1997. Essentially a court can make a restraining
order on conviction for acquittal for any offence. It does not
need to be an offence under the Protection of Harassment Act 1997.
22. Such orders and tactical
options will be explored and developed by the group for the purpose
of protecting the victim or victims of the offences or any other
person mentioned in the order from further conduct which amounts
to harassment or would cause a fear of violence.
23. Orders to perpetrators
of any crime would allow for further quick access to protection
and support services, in particular, Independent Domestic Violence
Advisors and Independent Sexual Violence Advisors who offer specialist
support and assistance to victims.
24. Recommended: That the
Committee notes the products under development:
1. The establishment of a National
Stalking and Harassment risk identification model.
2. Revised national guidelines for
the recording of harassment cases.
3. Revised national guidance on harassment
warning procedures.
4. National guidance on the use of
"Osman" warnings.
5. The development of further tactical
options to protect victims of stalking and harassment.
1 October 2007
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