12901 PROCEDURE INVESTIGATING STALKING AND HARASSMENT

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1 Version 6.1 Last updated 12/01/2018 Review date 12/01/2019 Equality Impact Assessment High Owning department Public Protection Department (PPD) 1. About This Procedure 1.1. This procedure explains how we investigate incidents of stalking and harassment. 2. Risk Assessments / Health and Safety Considerations 2.1. Not applicable. 3. Procedure Legislation The Protection from Harassment Act 1997 (PHA) (as amended by the Protection of Freedoms Act 2012) has four offences: Section 2 deals with conduct that alarms a victim or causes them distress Section 2A deals with the pursuit of a course of conduct in breach of section 1(1) and the course of conduct amounts to stalking Section 4 is where a victim is put in fear of violence by the actions of another. Section 4A deals with Stalking involving fear of violence or serious alarm or distress It is important that staff understand this legislation as well as the points to prove and the available defences in law. Section 32 of the Crime and Disorder Act 1988 can also make this a racially or religiously aggravated offence Definitions The HMIC and HMCPSI report published in July 2017 identified that Police and CPS struggled to distinguish between stalking and harassment. Police sometimes either wrongly recorded stalking as harassment or did not record it at all. The lack of single well understood definition was considered the catalyst. The College of Policing Authorised Professional Practice is expected in Early, effective, and positive action taken against a perpetrator when a victim first reports harassment of stalking can play an important part in protecting the victim from future offending, especially when the perpetrator is displaying signs of fixation and obsession.

2 Harassment Is a course of conduct directed at or towards an individual by another that causes that person to feel afraid, alarmed or distressed or that violence may be used against them or another. It is important that the term course of conduct is completely understood and applied correctly by all officers Stalking The following are examples of acts or omissions which, in particular circumstances, are ones associated with stalking: Following a person, Contacting, or attempting to contact, a person by any means, Publishing any statement or other material: I. Relating or purporting to relate to a person, or II. Purporting to originate from a person, Monitoring the use by a person of the internet, or any other form of electronic communication, Loitering in any place (whether public or private), Interfering with any property in the possession of a person, Watching or spying on a person Stalkers can have a devastating effect on the lives of their victims, who can be subjected to constant harassment at home, in public and at work to the extent that they feel that they are no longer in control of their lives. In some cases, the conduct in question may appear to be innocent (if taken in isolation) but when it is carried out repeatedly, so as to amount to a course of conduct, it can then become a criminal offence under the PHA Cyber Stalking This is a type of harassment that takes place in an online environment e.g. on the Internet or through the misuse of and can be for a wide range of purposes such as to locate personal information about a victim, to communicate with them, to keep watch on them, to damage their reputation, to commit crimes against them (such as subscribing a victim to a service or purchasing goods or services in their name) or by tricking other internet users to harass or threaten them This can take place on social networking sites, in chat rooms and other forums and can mean that the perpetrator could be in a different country altogether. In these types of cases it is important that the investigating officer obtains the header from the offending communication and guidance on how to do this is attached here.

3 PPU Header Guidance Link Digitally Assisted Stalking The digital age means that crimes of harassment and stalking are much easier to commit. Hampshire Police have dedicated Digital Media Investigators (DMIs) geographically based within each Police Investigation Centre (PIC). These specially trained members of staff should be consulted in relation to any digital aspect of harassment and stalking in order to provide a digital media strategy to support an investigation Today, most stalking has a cyber or technology element to it and those who stalk off line will usually use some form of technology as part of their modus operandi e.g. mobile phones, social network sites, computers or geo-location tracking devices. This is type of stalking is characterised as digitally assisted stalking, as opposed to cyber stalking where the perpetrator uses technology but then doesn t stalk the person in the offline world For example, a victim may use their Smartphone to check into a social networking site but, unbeknown to them, they then give their location away through GPS tracking spyware. The rise of spyware technology may also allow a perpetrator to remotely install and incept calls and messages from a victim s Smartphone or computer Another example may be a victim who d neglected to change their ebay password and who was then traced by their ex-partner using their known login details to track their purchases. The ex-partner then contacted the seller online (using a customer service pretext to obtain the new address) to locate and to then further assault and harass their ex-partner It must be noted that social networking and location sharing businesses rely upon a strategy of free information sharing with the widest possible audience which will sometimes compromise the privacy and safety of some victims of crime Public Order and Political Protest Organisations, companies, Government departments or Religious institutions may also be subjected to harassment, in furtherance of a political or other aim. In some cases, this activity will include the harassment of individuals who work for or who are otherwise associated with a particular organisation When considering such cases, it s important to balance the right to legitimate protest with the rights of any individual to be free from harassment. Section 1(1A) of the PHA would potentially cover a campaign against a particular organisation, which involved actions relating to different members on different occasions Neighbour Disputes Disputes between neighbours can often include issues of harassment, which may have resulted from their relationship deteriorating over a period of time. Such disputes can include complicated counter-allegations and repeated reporting to the

4 police. There may be civil as well as criminal issues and so it s important when considering such cases to determine whether there is evidence of a clearly aggrieved party and a perpetrator Investigation All reported incidents of stalking and harassment will be assessed and allocated in accordance with Hampshire Constabulary call management practices. Such incidents will be assessed and allocated against the known information at the time and in line with current working practices - threat, harm, opportunity and risk (THOR), and the National Decision Making Model. Crimes of stalking and harassment will be investigated to the standards set by the Core Investigative Doctrine and Hampshire Constabulary s 6 Areas of Focus Most stalking victims will also be vulnerable victims and so the need for an Achieving Best Evidence (ABE) interview and court special measures must be considered and recorded in ALL stalking or harassment investigations Supervisors and line managers must ensure that all stalking or harassment investigations are appropriately resourced and completed in a timely manner. Failure to effectively identify and respond to an emerging or on-going stalking or harassment scenario, in a professional and co-ordinated way, can result in it being prolonged. In turn, this adds to the risk for victims and to the cost of further policing demand Use of voluntary interviews and postal requisitions for stalking and harassment offences should be avoided in general, unless there are exceptional circumstances, not least because of the consequent lack of bail conditions to protect the victim Cases of stalking need a particularly careful and considered response (unless the threat or risk is deemed to be real and immediate ) and advice on how to deal with this particular type of incident can be sought from your local criminal investigation or public protection team or single point of contact for stalking offences (see intranet for details) The Offender Management Hub in Fareham, is the central point for the Stalking referral, and Triage prior to the Clinic. The three Hub DS s and the DI, have all received training in Stalking Risk Profile (SRP) and are the Single Points of Contact within the Force Sometimes a victim may not be aware of what has occurred or that it is stalking or harassment or they may not wish to disclose that they are in fact a victim. Officers should consider stalking or harassment when they re dealing with other types of crime or incident e.g. Anti-Social Behaviour, Domestic Abuse, Adult Abuse, Witness Intimidation, Sexual Offences, Child Abuse, Missing Persons or Honour Based Violence In many circumstances cases of stalking and harassment will come under the definition of Domestic Abuse and so the early involvement of the Crown Prosecution Service (CPS) is recommended for those cases that are regarded as being complex (especially cases of prolonged and targeted stalking).

5 CPS Wessex has a designated SPOC for stalking cases, whose direct advice may be sought It is important to remember that Section 2 of the PHA is a summary only offence, which means that the police do not have a specific power of search and seizure under this section of the Act. Section 4 of the PHA is an either way offence, which means that police do have the power search and seizure. It is also recommended (and considered to be good practice) that PHA offences are run in parallel with other offences as this helps build a stronger case against the perpetrator. National CPS guidance on this subject and a list of other possible crimes to be considered is attached for information The less serious offence of S2A of the Act is a summary only offence and law does not ordinarily allow for officers to search premises for evidence when investigating offences However, the 2012 stalking legislation allows officers who are investigating a S2A PHA 1997 stalking offence to apply to a magistrate for a warrant to enter and search premises for evidence Officers and staff should be aware of, and use appropriately, the powers of entry and search in respect of offences of stalking. Officers and staff are to ensure that an RMS search record is completed for searches and warrants, and that this record is related to the primary investigation (or master occurrence) The police will focus on building strong cases for prosecution from the outset. The Joint CPS ACPO (Now NPCC) Domestic Violence Evidence Checklist will be relevant in domestic violence cases and should be referred to. The police will consider the following potential sources of evidence in relation to stalking offences during the course of an investigation: Suspect admissions; Forensics e.g. fingerprint, footwear and DNA analysis; CCTV; 999 calls; The content of the suspect s computer or smartphone, for example s, GPS location evidence, photographs; Social media sites - screen shots of behaviour online; Text messages or call records from the victim s phone; Statements from further witnesses, for example, neighbours, other family members or work colleagues; Details of previous bail history including any breaches; Any relevant bad character evidence; Details of any civil orders such as non-molestation orders or domestic violence protection orders imposed on the suspect The police will ensure that incidents are not considered in isolation, and where victim reports incidents that may be typical of stalking behaviour, the police interrogate their systems to identify whether there are any linked incidents that could indicate a pattern of behaviour.

6 The police will ensure that any statements supplied to the prosecutor at the pre charge stage will, where required, be accompanied by a completed MG2 to ensure that any requirement for special measures receives early informed consideration. The police will also ensure that the DASH or the stalking risk screening tool (AD344a) are supplied to the prosecutor at the pre charge stage. Home Office CPS Stalking and Harassment Guidance The force can employ a range of both local and regional technical solutions to help investigators collect important evidence in stalking and harassment investigations. The South East Technical Surveillance Unit (SETSU) is able to help and advise officers on the best technical solution(s) available when dealing with complex or high risk investigations. For further information on this valuable resource please type setsu into the intranet The College of Policing are currently revising a practical guide to help officers investigate stalking and harassment cases and this should be referred to for best practice advice CPS Guidance is available at: harassment/ Intelligence and the Management of Operational Risk Information on stalking or harassment is likely to come from a wide range of sources and staff must be alert to the intelligence opportunities available to them Intelligence relating to stalking or harassment must be used to help investigate crime, identify risk, identify repeat victims and target persistent offenders, make links to other criminal behaviour and, where appropriate, share information with other partner agencies The National Intelligence model (NIM) must be used to process all such information Any investigation into stalking and harassment must consider the continuing risk of serious harm posed by a perpetrator (this is particularly relevant where a conviction cannot be obtained) and to manage the risks to the victim and take all necessary and proportionate action to either remove or reduce any such risk Officers must also consider the risks to those associated with the victim such as children, their partner, family members, work colleagues and others associates who may be subjected to harassment, as this could be a way for the perpetrator to trace the victim. Officers should submit a referral form (PPN1) if they have any risk concerns about a child or vulnerable adult The police will ensure that the Domestic Abuse, Stalking and Harassment (DASH) risk assessment (section G within the PPN1) or the stalking risk screening tool (AD344a) is used to assess the risk to the victim and inform the development of safeguarding plans in relation to the victim.

7 At the beginning of any investigation we will ensure that victims are referred to relevant specialist support agencies such as Aurora Independent Stalking Advocacy Services, the IDVA Service or the National Stalking Helpline It has been noted that the most dangerous harassment perpetrators are those who ve generally been in a previous intimate relationship with the victim or have had a history of committing domestic abuse. This intimate knowledge is used by the perpetrator to stalk or harass the victim, as they know most of their personal details, and these offenders present a particular risk to the victim, their children and family in terms of serious harm and homicide If, following review of the PPN1 by the MASH, the harassment or stalking is significant and escalating within an intimate or domestic relationship, it will be classified as high risk and referred as per MASH processes If stalking or serious harassment behaviours are identified within an occurrence, the OIC should complete a AD344a Stalking Risk Assessment stalking risk assessment and task this to the Stalking Clinic RMS inbox for assessment of onward submission to the Stalking Clinic. As the OIC it remains your responsibility to progress the investigation and ensure safeguarding considerations are made. It is possible the MASH will identify harassment/stalking behaviours in your occurrence and task you to complete an AD344a. You will need to do this and task the stalking clinic RMS inbox The Stalking Clinic is a panel comprising Psychiatrists, a psychologist, an independent stalking advocate and police officers. It sits once monthly and only has capacity to take 4 referrals from across Hampshire on each occasion for discussion regarding case progression and risk reduction. Due to the restricted capacity of the clinic, only cases of significant and imminent risk requiring psychiatric input can be addressed An aide memoir has been produced to help staff identify some of the stalking and harassment risk factors (It is not an exhaustive list). However, it will always remain a professional judgement decision on how to utilise an appropriate policing response to the safety needs of victims and their families. For further guidance please refer to; Stalking & Harassment Intranet page Home Office National Stalking Helpline Poster Flagging of police information systems (for stalking cases only) It is the OIC s responsibility to ensure that victims of stalking and harassment are correctly flagged. The vulnerable person flag should be used, linked to the person record on RMS and the term victim of stalking placed within the comments box If the case is submitted for consideration of the Stalking Clinic, and accepted, the Stalking Coordinator within the Offender Management Hub will create a Z occurrence for updates. The Clinic will create a notify if warning flag to alert the Clinic Review Team should a perpetrator come to police attention as involved in occurrence. This notify if flag will last for 1 year, but may be extended if appropriate. The term stalker should be placed in the remarks box.

8 The ongoing management of this flagging and marking system will be on a case by case basis The use of Police Information Notices (PINs) has now ceased in Hampshire following guidance from HMIC Custody, victim care and the use of cautions When dealing with a detainee in custody you must always consider the below:- Consider the perpetrator s right to a telephone call and assess their potential to harass and intimidate the victim, children, family members and other potential witnesses. Consider incommunicado. Ensure any telephone calls are supervised Consider suicide threats by the suspect as a risk factor relating to further harm being caused to the victim and children, and include it as part of the decision-making process for police bail Record significant statements on the custody record and invite the suspect to sign and verify them, Document on the custody record, any intimidating, aggressive or threatening behaviour exhibited by the suspect There is a danger that police attention can sometimes intensify a perpetrator s interest in a victim and so particular attention should be paid to any comments that are made as these may indicate a risk to the victim when deciding upon bail conditions Any interviews with a perpetrator must be carefully planned and care should be taken not to disclose information about the victim that they may not already know OIC to give consideration of bail conditions under the Policing and Crime Act 2017 and to seek early liaison with PACE Inspector. In the case where bail is necessary and proportionate, we will seek the victim s views regarding the conditions to be imposed and will consider imposing the same conditions as would be appropriate in a Restraining order. Any bail conditions agreed should aim to protect the victim, their children, family and other witnesses from intimidation and abuse All decisions about bail must be recorded and justified. Where a defendant breaches bail conditions, we will investigate this as a potential further/continued stalking of the victim. This may lead to additional charges or extension of the dates on the existing charge where appropriate. Early consultation with CPS regarding this is essential Once a decision has been made about bail and before the perpetrator is actually released, it is important that the investigating officer contacts the victim directly to ensure that they re informed. The victim has to be updated on the investigation and told of any decision to charge the perpetrator, any bail conditions that

9 are to be put in place and what those conditions mean, or if the perpetrator has been released under investigation, or if no further action is being taken Investigating officers must consider the early use of special measures, under part II of the Youth Justice and Criminal Evidence Act 1999, to gather and then assist the evidence to be given in court for vulnerable and intimidated witnesses. In every case the Victim must be given the opportunity to provide a Victim Personal Statement (VPS) and these statements can be particularly useful when drafting restraining orders. The purpose of a VPS is to assist the court by enabling the victim to describe the effect the offending has had on them and their lives and to express an opinion on bail and other issues. Victims are entitled to say whether they would like it read aloud or played (if recorded) for them. This information must be available to the CPS before the first hearing Use of Cautions If a police caution is given to a perpetrator then the facts on which the caution was based cannot be later used as part of the alleged course of conduct in any subsequent prosecution for harassment The fact that a caution has been issued however may be relevant in the context of bad character provisions for showing that the perpetrator was aware of the provisions of the PHA The legislation allows the court to impose, on conviction; a restraining order and so cautioning should not generally be considered, unless there are overriding reasons why it should be so. The safety of a victim should never be compromised by a decision to caution a perpetrator Protection from Harassment Act restraining orders and other civil remedies An important aspect of the PHA is the power of the courts to impose a restraining order. A court dealing with a person convicted of an offence under Sect 2 and 4 of the PHA may make an order prohibiting the defendant from doing anything described in that order. The order can be useful in preventing continued harassment whilst they are in prison or upon their release Section 12 extends the circumstances of when a restraining order can be made under the PHA following criminal proceedings. It extends the court s power to make an order on conviction or acquittal for any offence, if the court considers an order necessary to protect a person from harassment and that a victim needs continued protection The Police will seek to establish the victim s views and confirm accuracy before an application is made. This will entail, for example, checking the accuracy of addresses and ensuring these details are reflected in a draft restraining order setting out the proposed prohibitions. It is important that the victim s views are communicated to the CPS throughout the judicial process Any request for variations to the conditions by the CPS will require the investigating officer to seek the views and concerns of the victim before agreement can be given.

10 The needs of individual victims will vary and to ensure their safety, both the criminal and civil law may need to be used together. Investigators must routinely make enquiries to see if there are any concurrent civil proceedings. The fact that civil proceedings are ongoing does not mean that criminal proceedings cannot be commenced or continued Where there are concurrent criminal and civil proceedings, investigators will need to ensure that the CPS has the appropriate information to enable them to ask the court to make orders that prioritise the safety of the victim and their children and that both civil and criminal orders are consistent with any existing orders Investigators must be alert to any proposed orders that may conflict with current civil orders. For example, a bail condition may be imposed by the criminal court that prohibits any contact between the defendant and the victim. However, the defendant may have already obtained an order from the civil courts that allows contact between the defendant and the children. Similarly, bail may be granted by the criminal courts in a way that fails to take account of any existing civil orders. These situations could result in orders being made that jeopardise the safety of the victim and any children. Conflicting orders may also be confusing for the victim, the police and the defendant and will make it difficult to prosecute any subsequent breaches of bail The availability of civil proceedings does not diminish a defendant's criminal behaviour and is not therefore a reason in itself not to investigate the matter A civil injunction order also be useful in some cases, depending on the circumstances and the evidence available. These are civil orders designed to protect the public from behaviour that cause or is likely to cause harassment, alarm, or distress. Any breach of these are a criminal offence October 2017: Stalking Prevention Orders (SPO s). In December 2015, the Government published its response to a public consultation on whether to introduce a new civil stalking protection order. It highlighted strong support for the introduction of an order. The Government has confirmed its intention to introduce an order to ensure victims are protected at the earliest possible stage. The stalking protection order will follow a similar model to the sexual risk order. Update to follow pending HO guidance Crime Recording If the victim, or a person reasonably acting on their behalf, reports a course of conduct under the PHA (two or more incidents whether previously reported to the police or not) you must submit a crime report Crime Data Integrity: On stalking, the national crime recording standard states that under the principal crime rule : Stalking should be considered the most serious violent crime over assaults up to and including offences contrary to section 20 of the Offences against the Person Act Victims Charter

11 All police officers dealing with victims must understand the principles and provide a service that complies with the code and wherever possible exceeds the minimum standards. 4. Roles and Responsibilities 4.1. Included within the procedural instructions. 5. Administration 5.1. Included within the procedural instructions. 6. Monitoring and Evaluation 6.1. This procedure will be monitored and reviewed by the Public Protection Department. 7. Review 7.1. This procedure will be reviewed annually but will take into account any changes to Home Office policy and guidance, any changes in legislation, court rulings and any other relevant changes. 8. Other Related Procedures, Policies and Information Sources Related Policies Policy - Threats to Life Policy Responding To and Investigating Domestic Abuse Policy - Child Abuse Investigation Policy Safeguarding Adults Policy Multi Agency Public Protection Arrangements Related Procedures N/A Information Sources Public Protection Stalking Intranet page AD203 Equality Impact Assessment

12 Origin: Public Protection Department (PPD)