This item was published during the term of a previous administration that ended in April 2007
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Consultation begins on stalking and harassment
23/03/2000
Justice Minister Jim Wallace today set out a range of options to strengthen the law against stalkers in Scotland. Launching a consultation paper in Edinburgh, Mr Wallace said that the time was right for a thorough review of the law in this area in order to increase the protection for the victims of stalkers.
The main options for change outlined in the consultation paper include:
- Improving the procedures of the police, courts and Procurators Fiscal.
- Improving the application of the current law.
- Making changes to the current law.
- Creating a new statutory stalking offence.
The Minister also revealed that he would break with the normal practice of making responses to the consultation public in order to encourage victims to come forward with their personal views on this issue.
Jim Wallace said:
"The Partnership administration gave a commitment in our Programme for Government that we would review the law in Scotland in relation to stalking and harassment. Today, we deliver on that commitment.
"This is a matter I regard as of the highest importance. If the people of Scotland are to have confidence in their justice system, and it is fundamental that they should, then we must be able to deal effectively with criminal behaviour of all kinds. We must be able to protect victims. We must be able to prevent ordinary people living in fear. This
consultation paper will provide a first step in delivering this commitment for those whose lives are blighted by a particularly intimidating and potentially very dangerous crime.
"The time is right to look at the law in this area to ensure that it does all it can to protect the victims of stalkers. This consultation paper sets out the law as it stands in Scotland and asks for views on what changes could or should be made. Today is the start of a listening exercise on the part of the Executive. The only predetermined view I start this process with is that stalkers must be deterred and their victims must be protected.
"It would be wrong to ignore the flexibility of the present law. Breach of the peace is a robust offence. It can be used to tackle a wide range of offending. It was used successfully, for example, in a recent case involving what some referred to as "cyber-stalking". Heavy sentences too can be imposed when that is necessary and it is wrong to view breach of the peace as a soft offence. Indeed the maximum penalty is restricted only by the type of court in which a case is heard.
"On the other hand, there is real public concern about stalking and tragic cases where stalking behaviour has escalated into serious physical assault or murder. This means that there is a problem to be solved. That problem may be with the law or with the application of the law.
"That is why the paper looks in general terms at existing legal provisions and then invites views on various options for the way forward. These range from continued reliance on the legal position broadly as it exists at present; to changes in current practice for example the way in which communication across Police Force boundaries takes place or between police and Procurators Fiscal; to changes in current law such as whether there is a need for increased police powers of arrest; and to the introduction of a new statutory offence.
"Because we want the widest possible range of opinion, and because we recognise the particular sensitivity of some of these issues, we have waived the normal presumption that responses to the consultation will be made public unless requests are made to the contrary. This is to offer reassurance to victims, and their families, whose opinion we particularly value, that what they provide will be treated with the strictest confidence."
The consultation period will last until June 9.
News Release: SE0810/2000
23 Mar 2000