SCOTTISH EXECUTIVE

Stalking and Harassment Consultation Paper

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?