Publications
Stalking: An investigators guide
The guide is designed to ensure that police investigators are fully informed as to how to recognise a stalker - what stalkers are likely to do, how they can destroy their victim and when stalking might become really dangerous. There is also help for victims on how they can work with the police and good ideas for survival.
- Initial response to a report of stalking
- Handling the suspect or known stalker
- Investigating the offence
- If the Suspect is prosecuted
- Offences under the Protection from Harassment Act 1997
Title: Stalking: An investigators guide
Author: Hamish Brown (Metropolitan Police)
Date published: 2000
Number of pages: 24
Stalking can be described as a series of acts which are intended to, or in fact do, cause harassment to another person.
The motives for stalking are complex, but causes typically arise from situations where a stalker believes that they are loved by, or that a relationship exists with, the victim; or in which a stalker is trying to resurrect, or seek revenge for, a relationship with the victim which has broken off.
The methods employed by stalkers can take many forms. They can often harass a victim using actions which are in themselves unlawful, (e.g. threatening, abusive or obscene phone calls). Frequently, however, stalkers use behaviour which appears routine and harmless. But even apparently harmless behaviour (e.g. following someone down the street or sending them flowers) can be intimidating.
Initial response to a report of stalking
Listen to the wishes of the victim and explain the law and police procedure.
Inform them of the possibility of imposing a restraining order.
Warning the suspect may stop such behaviour in some cases.
Bear in mind the possibility of malicious allegations and counter-allegations.
Ensure that you find out all the available facts of the case, including any previous incidents.
Advise the victim of the advantages and disadvantages of police involvement. Just because the police are involved, it is no guarantee that the behaviour will stop.
Establish if there are any injunctions or restraining orders current, or expired.
Check if there are any outstanding criminal or civil cases involving the victim as a witness, or whether they have reported a similar allegation to the police previously.
If appropriate, ensure that a detailed statement is taken, and relevant exhibits seized.
Inform the victim of the report reference number to quote when calling the police.
Give victims details of local and national support and advice groups.
If the victim feels overtly distressed or frightened advise them to see a doctor.
Contact with the victim during the investigation
Try to keep the same investigating officer for the case and allow the victim to contact them.
Inform the victim of the possibility of media attention. Where media is concerned make sure press releases don't give the suspect additional information. In cases involving a well-known person consider contacting their public relations team prior to any media attention.
Inform the victim of significant developments (e.g. suspects release, or appeared at court etc.).
Contact with the victim if the stalker is prosecuted
Stalking can still continue so advice the victim to contact police with any concerns and discuss a safe way of communicating with them.
Victims can obtain the date the suspect is to be released from prison from the local Probation Service.
Handling the suspect or known stalker
This is explained to an extent in the Protection from Harassment Act, 1997.
Warnings
Warnings can sometimes stop the behaviour and will enhance any future prosecutions because the suspect had been warned.
This warning should be given personally to avoid the suspect claiming a letter didn't arrive.
Warnings could aggravate the problem so monitor carefully.
Written warnings
Some form of documentation explaining that if the conduct persists a prosecution is likely to follow could be used. Ideally handed to the suspect.
In some cases the suspect could be advised to seek medical help.
Investigating the offence
Collecting evidence
Evidence is important and, in appropriate cases, technical support or surveillance should be used (e.g. CCTV)
consider the full use of the PNC
do not forget there might be other victims, so check local records for similar crimes
if the allegation is unusual in nature, the local media might be able to help trace victims in unreported cases
Take a statement, if appropriate, from the victim's family and neighbours.
Searches of the suspects pemises
Collecting evidence of internet stalking
It is still possible to trace the stalker so:
do not delete the stalker's messages
have the message hard copied and copied onto a disk
contact the sender's Internet Service Provider as they might be able to tell you where the message was sent from (must be done quickly)
do not forget the provisions of the Data Protection Act, which regulates the release of information held on computer
remember that stalking messages received by someone in the UK can be dealt with by our Courts, even if sent from an overseas address.
If the suspect is prosecuted
Charging
After the allegation has been investigated and a decision has been made to prosecute, consider a suitable charge.
The charging of other offences, where appropriate, in conjunction with the Protection from Harassment Act, 1997 should be considered, as this might result in the imposition of a Restraining Order.
If the suspect has a psychiatric illness/mental health illness, advise the prosecutor, who could inform the court that reports need to be obtained.
Bail
Where bail is appropriate, the use of conditions to prevent the offence continuing must be considered
consult the victim as to what bail conditions would make them feel safe
make the victim aware of the conditions of bail
act upon breach of bail quickly
Restraining Order
Detailed in the Protection from Harassment Act. The powers of this order can prohibit the accused (including any agents) from directly or indirectly contacting the victim and other named person(s) such as friends and relatives.
The restraining order can also forbid the accused from entering a street or specific area. It can also be made compulsary that the accused notify the court of a change of address.
Custody
Stalking from prison, by means of letter or telephone, is not unusual. While the prison service has a specific instruction to deal with this, it is still open to police officers to record any concerns on the Prisoner Escort Record.
Retention of case papers
Case papers should be retained for the duration of the Restraining Order or Injunction (can be years after a custodial sentence has ended)
Victims
It is essential that victims should be notified by police of any application by the accused to vary the Restraining Order. The victim should be given the opportunity to attend Court and make representation.
It should be noted that the Court can only make a Restraining Order at the time of sentence.
Where a Restraining Order has been imposed with a given time limit, it is not possible to return to the Court at a later date to have the limit extended.
Offences under the Protection from Harassment Act 1997
These are:
Section 2 (Harassment)
Section 3 (Breach of a civil injunction)
Section 4 (Putting people in fear of violence)
Section 5 (Breach of a restraining order)
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Last update: 11 October 2004