This item was published during the term of a previous administration that ended in April 2007
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Wallace sets out more protection for victims of stalking and harassment
11/01/2001
Proposals to strengthen the protection for victims of stalking and harassment were today unveiled by Justice Minister Jim Wallace.
Speaking in the Scottish Parliament, Mr Wallace said that they showed the Executive's determination to put victims first.
He also stated that Breach of the Peace was a good example of how Scots law is robust, flexible and effective, and capable of adapting to changing circumstances. However, the Executive would undertake further research into the problem of stalking including whether there were any advantages to a specific stalking offence.
The main proposals are:
- New statutory powers of arrest when a Non-Harassment Order is breached;
- Improved training and guidance for the police, courts and Procurators Fiscal;
- Piloting of training for lay advisers in women's refuges to assist victims get interim interdicts;
- Research to find out if a new statutory stalking offence is needed.
Jim Wallace said:
"Protecting the victims of stalking and harassment is one of this Executive's important priorities. We promised in our Programme for Government to review the law. We then outlined a range of options and asked for views. We have listened and, today, we set in train a programme of action.
"The "do nothing" option has always been a non-starter. Stalking and harassment are completely unacceptable forms of behaviour. We owe it to the victims to do all we can to improve protection and ensure that their interests are central at every stage of the criminal justice process.
"That means making sure that the police have the best possible training and guidance, that victims can get access to advice on remedies available, and that the law is as effective and robust as possible.
"There was a general view in responses to our consultation that the police are not using common law powers of arrest when a Non-Harassment Order is breached. That is unacceptable - I want there to be no uncertainty that police can act to protect victims.
"We will be looking for an early legislative opportunity to create statutory powers of arrest when a Non-Harassment Order is breached. The Justice and Home Affairs Committee's imminent Protection From Abuse Bill may be suitable and I will be exploring this with the Committee.
"I also want to ensure that victims have readily accessible advice on how they can obtain matrimonial exclusion orders and interdicts. We are currently looking at setting up a scheme in which lay advisers in women's refuges could get specialised training to allow them to assist victims at the early stage of the initial appearance in court.
"Good work is being done by the police, the judiciary and the Procurators Fiscal. But recent cases have shown where more can be done. Police must ensure that they share information on offending history and patterns of behaviour so that they are aware that they are dealing with more than a one-off incident.
"I will be writing to the Association of Chief Police Officers and others asking them to ensure that procedures and training are up-to-date across the judicial system. I will also ask them to report on how the Executive can ensure victims know of the practical ways they can help themselves.
"We have looked closely the need for a statutory offence. Our consultation showed no clear consensus. But it did show that many feel that there should be research into the full extent of the problem. We have listened to this. Today I am announcing that we will be launching major independent research. This will give us a much fuller picture of how the law responds to stalking and harassment and whether a new offence is required.
"In breach of the peace we have a robust, flexible and effective law, able to deal with unacceptable and previously unforeseeable behaviour, such as "cyber-stalking". It is also limited in sentence only by the court involved. We would need to be absolutely certain that a statutory offence would be more effective, and capable of coping with presently unknown methods of harassment. But we can still offer better protection for victims, however - and today that is exactly what I have done."
BACKGROUND
The Executive launched a consultation paper in March last year. 35 responses were received from victims, agencies within the criminal justice system and victim support organisations.
News Release: SE0032/2001
11 Jan 2001