Rather than looking at particular incidents of stalking, prosecutors should note that it is the cumulative effect of the stalking behaviour on the victim which should be assessed. The restraining order is imposed at the time of sentence. For example, revealing the sexuality of a victim could place them at risk of homophobic abuse. UK Online Stalking Laws. The victim should be advised to identify any sources of personal information that may provide information to the suspect. Whether the defence has offered a plea that is in accordance with the evidence available to the prosecution; Have there been any changes in circumstances since the decision to charge stalking was made? information about concealing their identity. Proceedings under section 3 may be founded on the basis of one act and anticipated further breaches of section 1 (in contrast to criminal proceedings under sections 2 or 4 that require at least two actual incidents in order to constitute a course of conduct). Primary consideration should be given, when drafting charges or accepting pleas, to ensuring that the court has adequate sentencing powers to deal with a defendant in light of the offending behaviour. Section 3A of the PHA permits a person who is, or may be, a victim of conduct within section 1(1A) of the Act to apply to the high court or the county court for an injunction. We are a niche law firm, dedicated in internet law and helping individuals with their breach of privacy and harassment issues are what we do on a daily basis. Email info@suzylamplugh.orgwww.suzylamplugh.org The aims of the MARAC are as follows: The role of the MARAC is to facilitate, monitor and evaluate effective information sharing to enable appropriate actions to be taken to increase public safety. The PHA was introduced in 1997 largely to tackle stalking, though the offence of harassment extends to any form of persistent conduct which causes another alarm or distress. It also flagged its intention to consider new offences of causing economic damage to the suppliers of firms or research groups engaged in the legitimate and licensed use of animals. This could be as a result of a rogue telephone call by the suspect the outcome of which is ongoing harassment; and. The woman has become nervous and anxious and begins resorting to locking up all the windows and doors and keeps on checking a number of times. 580 and R v Patel [2005] 1 Cr. A key product from the MARAC process is the production and implementation of a multi-agency risk management plan. A Cocoon Watch is only implemented with the informed consent of the victim. In Hayes v Willoughby [2013] UKSC 17(a civil case), the issue arose as to what action could be defended on the ground that the alleged harasser was engaged in the prevention or detection of crime. The offence in section 42A of the CJPA might be used where, for example, protestors had conducted a rooftop protest at a person's home. Difficulties will arise if an earlier incident has resulted in a conviction. The fact that civil proceedings are ongoing does not mean that criminal proceedings cannot be commenced or continued. Prosecutors should also ensure, as part of reviewing the case, that a victim's view on a restraining order is sought from the outset. The standard of proof, which it is for the defendant to put forward, is the balance of probabilities. 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