Criminal justice system failing stalking victims, says commissioner

The criminal justice system is failing victims of stalking, according to a new review by the London Victims’ Commissioner.

Jul 24, 2024
By Paul Jacques

Claire Waxman’s report found 45 per cent of stalking victims withdrew from the justice process and a further 41 per cent saw no further police action on their complaints.

It also found “confusion” in the Metropolitan Police Service (MPS) and wider justice system about anti-stalking laws”.

The London Victims’ Commissioner’s review was commissioned specifically to investigate the MPS response to stalking in London.

Victims’ Commissioner for England and Wales, Baroness Newlove, said although thie report focuses on London, she suspects “similar issues plague police forces nationwide”.

The review has made 13 recommendations to the MPS, the Government and the Mayor’s Office for Policing and Crime (MOPAC) to overhaul the justice system’s response to stalking.

This includes the Government looking at establishing a stand-alone offence of stalking that “provides a clear definition of stalking to… remove the onus on the victim to prove the impact”.

Baroness Newlove backed these calls, saying a standalone stalking offence with a clear definition could “streamline investigations and prosecutions”.

She said: “While shocking, these findings sadly come as no surprise and serve as a reminder that significant work remains to effectively tackling stalking.

“Although this report focuses on London, I suspect similar issues plague police forces nationwide, making many of these recommendations relevant on a national level. Indeed, they reflect the systemic failings outlined in the National Stalking Consortium’s police super-complaint.

“We need a multi-pronged approach to tackle stalking. Historically the ability to identify patterns of stalking behaviours and share information between forces has been lacking. This must change.”

Baroness Newlove added: “Improved training is essential to effectively identify offending and assess risk. Multi-agency working is also essential to drive results, bringing together those with specialist understanding of the crime.

“Stalking legislation also requires reform. It has been over ten years since the Government legislated to make stalking a criminal offence; despite good intentions the complexity of the legal framework may be acting as a barrier. A standalone simplified stalking offence with a clear definition could streamline investigations and prosecutions  This change is overdue and one I would strongly support.

“As this report highlights, victim services face significant funding challenges. Short-term contracts and high caseloads hinder their ability to provide effective support. Yet these services are a vital lifeline. A stable funding model is essential to ensure they can effectively serve those in need.”

In response to the London Victims’ Commissioner’s stalking review, Independent Office for Police Conduct Director General Rachel Watson said: “Stalking can have a devastating impact upon the lives of victims. Those who experience this crime need to be able to have confidence to come forward and report it, knowing they will be listened to, and action will be taken.

“Working with His Majesty’s Inspectorate of Constabulary and Fire and Rescue Services and the College of Policing, we have spoken with victims and support services to better understand their experiences.

“This vital work contributes to our joint response to a super-complaint made by the Suzy Lamplugh Trust on behalf of the National Stalking Consortium about the police response to stalking.

“The findings of London Victims’ Commissioner, and our joint report, due to be published in the autumn, offer vital opportunities for policing to listen and make the changes needed.

“All those involved in the criminal justice system have a role to play to make sure stalking is always treated seriously and those affected, get the support they deserve. We will continue to work with all forces to make sure this happens.”

Suzy Lamplugh Trust interim chief executive officer Emma Lingley-Clark said: “It is vital that stalking is treated with the gravity it deserves, yet once again we see half of stalking crimes subsumed within domestic abuse in new National Police Chiefs’ Council data.

“This comes alongside a report published by the London Victims’ Commissioner that spotlights the scale of stalking in London and inadequate response from the criminal justice system.

“We demand that all official data disaggregates stalking from other violence against women and girls crimes so that the true national scale of stalking is understood and treated.

“We also urge the new Government to ensure that this evidence is translated into meaningful action to improve criminal justice response and invest in prevention, to ensure that victims of stalking do not continue to face this epidemic alone.”

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