Stalking and Harassment Consultation Paper

ANNEX: SUMMARY OF OPTIONS

Views are invited on the following options:

Rely on existing law:

• Are there inadequacies in the current law?
• If so what are they?
• To what extent do any such legal inadequacies account for perceived problems in dealing with stalking/harassment?

Changes to current practice:

• Is adequate advice and guidance available on the remedies for someone who fears they are being stalked?
• Are there non-legislative changes in the way such cases are dealt with by the criminal justice system that could address victims' concerns and minimise the risk to them?
• Is there scope for more training, awareness-raising, and improved procedures in identifying behaviour which constitutes harassment?
• Are there adequate communication systems between divisional and force areas so that victims of harassment can be easily identified?
• Are there adequate communication systems between police and Procurators Fiscal within and across relevant geographical boundaries?

Changes to the current law:

• Should we require disclosure of any available information on previous convictions for offences involving the same victim?
• Should we require obligatory non-harassment orders (NHOs) in certain circumstances?
• Should we increase police powers of arrest in relation to harassment?
• Should we reduce the burden of proof in cases of alleged harassment?
• Does the judgement in Riley v HMA point to the need to change the present law?

• Should the court be required in any case where the prosecution seeks an NHO to take into account any available information on previous convictions for offences involving the same victim?
• Should a "course of conduct" cover not only the present charge but also a previous incident where that had formed part of a previous conviction?
• Should there be a new statutory duty on the court to make an NHO when convicting a person of an offence involving harassment?
• Should we introduce a power of arrest without warrant for suspicion of breaching an NHO?

A new statutory offence

• How would any new offence be defined?
• What difference would it make in practice?
• Would the benefits be substantive or presentational?
• Where does the balance of advantage lie between flexible common law and statute?