FORCE PROCEDURES Protection from Harassment Procedure Reference Number: 2008.04 Procedure Author: PC D Thomason, ACPO Staff Office Procedure Review Date: March 2009 At the time of ratifying this procedure, the author is satisfied that this document complied with relevant legislation and Force requirements. Sign and date D Thomason, 14/02/2008 (Author(s)) V2.3 200208 Harassment NOT PROTECTIVELY MARKED 1
Procedure Index ELECTRONIC NAVIGATION: - move the cursor over the page number in the index or blue underlined text until a hand appears. Click the left mouse button once and it will jump to the specified part of the document. 1. Responsibilities...3 1.1 Supervisory Officers...3 1.2 Officer in the Case...3 1.3 Helpdesk Supervisor...3 1.4 Harassment Notice Manager...3 1.5 Call Management / Resource Deployment / Centralised Crime Recording Bureau Staff...3 2. Guidance...3 2.1 Definitions...3 2.2 Risk Identification...5 2.3 Racial & Religious Implications...6 2.4 Reporting...6 2.5 Fundamentals...7 2.6 First Report of a Single Incident...8 2.7 First Report of Two or More Incidents...9 2.8 Second or More Reports of Continuing Incidents...10 2.9 Collective Harassment...11 2.10 Course of Conduct against a Group of People...12 2.11 Role of the Area Public Protection Unit...12 2.12 Recording...13 2.13 Restraining Orders and Injunctions...13 2.14 Victims Code...14 2.15 Administration Information...14 2.16 Statement of Policy...14 2.17 Implications of the Procedure...15 2.18 Victims...15 3. Procedure Aim...16 4. Appeals...17 5. Review...17 V2.3 200208 Harassment NOT PROTECTIVELY MARKED 2
1. Responsibilities 1.1 Supervisory Officers NOT PROTECTIVELY MARKED 1.1.1 Supervisory Officers should ensure that ALL their staff are aware of both the legislation and Cheshire Constabulary policy and procedures in respect of Harassment. This will include compliance with the Code of Practice for Victims of Crime, issued by the Home Secretary under section 32 of the Domestic Violence, Crime and Victims Act 2004 and in particular, Section 5 Obligations of the Police. 1.2 Officer in the Case 1.2.1 The Officer in the Case will be the officer who, at that time, has overall responsibility for either the response to or investigation of the incident in question. 1.2.2 The officer in the case will ensure that they are familiar with these procedures in this document and that they are upheld accordingly. 1.2.3 This will include compliance with the Code of Practice for Victims of Crime, issued by the Home Secretary under section 32 of the Domestic Violence, Crime and Victims Act 2004. In particular, Section 5 Obligations of the Police. 1.3 Helpdesk Supervisor 1.3.1 Helpdesk Supervisors will ensure that their staff are familiar with these procedures and their particular responsibilities referred to in Appendix A and that the procedures are adhered to accordingly. 1.3.2 Helpdesk supervisors will ensure that their staff are adequately trained, capable and equipped to perform their particular duties in respect of these procedures. 1.4 Harassment Notice Manager 1.4.1 The Harassment Notice Manager will ensure that they are familiar with these procedures and understand their particular responsibilities referred to in Appendix A. 1.5 Call Management / Resource Deployment / Centralised Crime Recording Bureau Staff 1.5.1 All undertaking these particular duties will ensure that they are familiar with these procedures and their particular responsibilities under Section 2. 2. Guidance 2.1 Definitions Click Here to Return to Index 2.1.1 The term HARASSMENT includes conduct directed at, or towards, an individual by another; that causes a victim to fear violence may be used against them or V2.3 200208 Harassment NOT PROTECTIVELY MARKED 3
another person, or causes the victim to feel afraid, alarmed or distressed. The term includes harassment by two or more suspects against an individual or harassment against more than one victim. 2.1.2 This harassment applies to a COURSE OF CONDUCT which harasses or alarms another, or which causes that person distress. It occurs regardless of the victim s class, religion, sexual orientation or ethnicity. It is experienced by both women and men. 2.1.3 A course of conduct requires evidence of two or more acts which may comprise words as well as actions. Each individual incident, that together form a course of conduct, does not necessarily have to cause harassment, alarm or distress, it is sufficient that only the most recent incident causes harassment, alarm or distress. 2.1.4 The Act does not specify how far apart in time the conduct should be. If incidents are far apart (e.g. several months or more) there should be some connection such as a birthday or anniversary, or an explanation for the time difference such as the non-availability of the offender due, for example, to temporary disability or imprisonment. A series of unconnected or random incidents will not amount to a course of conduct. 2.1.5 Without some identifiable cooling off period between incidents, conduct that occurs on a single date is unlikely to amount to a course of conduct for the purposes of the Act. 2.1.6 The offence of harassment does not apply to a course of conduct if the person who pursued it shows: a) That it was pursued for the purpose of preventing or detecting crime b) That it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment c) That in the particular circumstances the pursuit of the course of conduct was reasonable and lawful. 2.1.7 Harassment encompasses a wide range of behaviour that often has devastating effects on victims. Personal harassment or the fear of violence can have an effect on the health and well being of a victim that far exceeds that caused by an isolated assault. The fear of harm being inflicted can erode self-confidence, cause paranoia and lead to a complete change of lifestyle. 2.1.8 Stalking is a colloquial term used to describe a particular kind of harassment. It is normally used to describe predatory behaviour, including the repeated following of, communication with or other intrusions on the privacy of a victim. In many cases the conduct might appear innocent if taken in isolation, but when it is linked as a course of conduct may be sufficient to cause alarm, harassment or distress to the victim and amount to harassment. There is no legal definition of the term stalking. 2.1.9 Bullying is a form of harassment in which the suspect puts the victim in fear for their own or another s emotional, physical or financial well-being. V2.3 200208 Harassment NOT PROTECTIVELY MARKED 4
2.1.10 The provisions of the Act enable Police to deal specifically with situations which, prior to the legislation, they were unable to resolve satisfactorily. This procedure sets out how to deal with these situations. 2.1.11 However there may be occasions when the Protection from Harassment Act 1997 is not the most suitable legislation to apply in particular circumstances. Where the harassment is outside a victim s home or in the vicinity of their home and is not discontinued on police arrival, section 42 of the Criminal Justice and Police Act 2001 provides a senior police officer (who may be a constable) at the scene with the power to give a direction to the suspect(s) to do all such things as are necessary to prevent harassment, alarm or distress to the victim. It must first be established that there is reasonable cause to suspect that the purpose of the suspect is to persuade the victim or any other person (normally resident or not): a) That he or she should not do something that he or she is entitled or required to do b) That he or she should do something that he or she is not under any obligation to do. 2.1.12 Offences of harassment that do not require a course of conduct, i.e. offences under the Public Order Act 1986, Criminal Justice and Police Act 2001, and the Crime and Disorder Act 1998, (except S.32) can be found on the Police National Legal Database. 2.2 Risk Identification 2.2.1 There is no single motivation of offenders for harassment and the circumstances of a particular case and consideration of all available information should be sufficient to make an assessment of the risk. 2.2.2 Officers should note that it is generally accepted that the most dangerous harassment offenders are those who have been in a previous intimate relationship with the victim and who also have a history of perpetrating domestic abuse. The methods employed by offenders can take many forms such as making obscene and persistent telephone calls, abusive or persistent text messages, using abusive and threatening language or committing acts of violence. Offenders also use actions that in their own right might appear to be harmless behaviour, but can occasionally be used by another person to indirectly harass a victim. It is vital that Officers attending incidents must identify all risks to the victim and others, and take appropriate action to reduce or remove such risks. In many cases it would be beneficial to seek advice from specialist departments within the force such as the Area Public Protection Unit. 2.2.3 Remember, the best identifier of risk is the victim themselves they are likely to hold vital information which could elevate the level of risk immediately. It is important to take time to listen to the victim s concerns, fears and any information that they feel is relevant. Officers must consider the following questions as certain factors may elevate the level of risk: Is there a pattern of offending? Is the victim aware of similar incidents in any of the suspect s previous relationships, or this one? Has the suspect ever tried to choke or strangle the victim? Has the offender ever destroyed or vandalised the victim s property? V2.3 200208 Harassment NOT PROTECTIVELY MARKED 5
Has the offender harassed any third party since the harassment began? (e.g. friends, family, children, colleagues, partners or neighbours of the victim) Has the offender persuaded other people to help him/her? (wittingly or unwittingly) Does the offender visit the victim at work, home, etc., more than three times per week? Has the offender acted out violently towards people within the current stalking episode? Is the offender known to have been violent in the past? Has the offender made any threats of physical or sexual violence in the current harassment episode? Has the offender loitered around the victim s home, workplace etc? Is the victim very frightened? Is the suspect known to be abusing drugs and/or alcohol? 2.2.4 Everyone s right to life shall be protected by law. In dealing with cases of harassment the police have a duty of care to protect life under Article 2 of the Human Rights Act 1998, which incorporates the European Convention on Human Rights (ECHR). Any gross dereliction or wilful disregard of this duty could lead to litigation for negligence against relevant public authorities. The police must take into account the need to protect the rights and freedoms of the victim as well as those of the defendant. 2.3 Racial & Religious Implications 2.3.1 Persons from minority ethnic backgrounds can have strong feelings of isolation. Because of this, incidents that the procedure may consider as minor in nature can have a disproportionate and devastating effect on the victim, their quality of life and that of the community. If left unchecked, this can lead to whole communities living in fear. 2.4 Reporting 2.4.1 Suspected or confirmed cases of harassment can come to the notice of the Police from a number of sources including from victims, their friends and families, other witnesses, anonymous callers or as referrals from other agencies. Cases or incidents of harassment may also become evident through reports of apparently unconnected activity such as suspicions about an individual loitering in a neighbourhood or reports of other crime such as violence or burglary. 2.4.2 The receipt of a report or suspicion of harassment is the beginning of an investigation. 2.4.3 Officers and police staff should obtain as much detail as possible about what has taken place in order to support an effective investigation. 2.4.4 At the outset, the person taking the report should establish the following: Location, identity and contact details of the person making the report and the capacity in which they are doing so, e.g. victim, neighbour, friend, support agency. Nature of the incident or concern. V2.3 200208 Harassment NOT PROTECTIVELY MARKED 6
Whether the incident has ended or is ongoing. Location, times and dates of all incidents. Location, identity and contact information of the victim. Location, identity and description of any suspect. Whether any parties are injured including the severity of the injury and whether medical assistance is required. Whether anyone is at further risk of injury. Whether any Court Orders apply or Court cases are pending (civil or criminal). Whether there are any special needs in respect of the victim, witness or the person reporting, for example disability or communication difficulties, requirement of an Interpreter. A first account of what the caller says. Whether the person making the report wishes to remain anonymous (if possible obtain reasons for this) 2.5 Fundamentals 2.5.1 In order to ensure that all reported incidents are correctly dealt with, the Cheshire Constabulary response to any reported incident of Harassment or Breach of a Civil Injunction, or criminal court Restraining Order, will follow these procedures. 2.5.2 Upon receipt of a report of Harassment, or Breach of an Injunction or Restraining Order, an NSPIS incident log will be created. The classification code C10 (for harassment) will be used whether it is a Single Incident being reported or a number of Incidents. The classification code for breaches of injunctions / restraining orders will be SY. 2.5.3 Checks will be carried out in all cases on the Children and Vulnerable Adults database and ATLAS, to ascertain if the complainant has made any prior complaints and if a harassment notice is in existence. This will be evident on ATLAS under a person s warning/flags tab. Where a Breach is reported, checks should be made on the Police National Computer to confirm the existence of the Order/Injunction and the details of these. 2.5.4 Where the alleged incident is the first occurrence, or where it is apparent that the full offence of Harassment, Fear of Violence, Breach of a Civil Injunction or Restraining Order has been committed, Officers WILL IN ALL CASES directly report the incident details AND obtain a STATEMENT OF EVIDENCE from the complainant fully outlining the impact that the alleged harasser s actions have had on them, e.g. if they were made to feel scared, intimidated, annoyed, irritated etc. 2.5.5 Should a full offence be committed, it will be investigated in the normal way. 2.5.6 In the case of a Single Incident being reported with no prior incidents, this will in all cases be recorded on NPSIS as C10. 2.5.7 All incidents must be recorded on the Children and Vulnerable Adults database by the Officer in the Case via form 40a. V2.3 200208 Harassment NOT PROTECTIVELY MARKED 7
2.5.8 Where a complainant indicates that they wish to take a civil remedy and no longer involve the police at this stage there is no requirement to record the incident as a crime, other than a full Pocket Note Book entry signed by the complainant and a completed form 40a. 2.6 First Report of a Single Incident 2.6.1 If the incident is the first report of a Single Incident, following completion of a statement of evidence, suitable advice should be given to the complainant concerning possible future incidents, including advice on what action they may take to collect further evidence. The complainant will, in all cases, be handed Form 200914 Diary Booklet and Advice. 2.6.2 In Single Incident cases only, where the identity of the person complained of is known, the accused should be advised that an allegation regarding their actions has been received. Putting the matter to the subject of the complaint gives that person an opportunity to explain his or her actions. Unless the actions were reasonable and / or lawful, such an approach also provides the Officer with the opportunity to point out that such behaviour could amount to Harassment and to advise the person to desist from such behaviour in future, or face the possibility of prosecution. 2.6.3 The suspect must also be handed a completed Form 200912 a Notice of Harassment in respect of an allegation made of a person s conduct. 2.6.4 Form 200912 should contain details of the actions and incidents alleged. Where it is clear that the actions complained of were reasonable and or lawful, Form 200912 should not be issued. 2.6.5 A full Pocket Note Book entry should be made and a form 40a and NSPIS log completed accordingly. The person reporting the incident is to be made aware of the closure of this incident as soon as possible when it will be explained why no further police action is intended at this stage. It must be emphasised that this course of action does not exclude the possibility of further police action inclusive of this single incident report in the future. The complainant will be asked to keep the diary booklet up to date, should the question of prosecution be subsequently raised following reports of further incidents. This should be done by the Officer in the Case in order to maintain victim satisfaction levels, advise on reporting of further incidents and avert potential complaints of Police negligence. No crime is to be recorded and the appropriate NSPIS classification should remain. 2.6.6 Where a notice has been given in these circumstances and the person advised makes it clear that they challenge the circumstances giving rise to the issue of the notice, the Officer issuing the advice letter should inform the recipient that a copy of the notice will be passed to their immediate Line Manager, who will review the incident and make a determination if the notice is appropriate in view of the information available. The copy advice letter and associated paperwork should be passed to an Officer s immediate Supervisor before the end of their tour of duty. Again, the officer in the case will make it clear to the recipient of the notice that the police are passing no comment on the truth of the allegation being made, rather the notice intends to inform the recipient that the behaviour which is being alleged, V2.3 200208 Harassment NOT PROTECTIVELY MARKED 8
could amount to harassment if the alleged behaviour becomes a course of conduct. 2.6.7 All incidents of Harassment will be retained on NSPIS in line with the Management of Police Information Guidelines 2006, which is 7 years. These incidents will fall within section 7 of the Management of Police Information, Review, Retention and Disposal, and will form part of any triggered or scheduled reviews. Recording all complaints in this way will ensure that all incidents of Harassment are fully researchable initially via ATLAS and Command and Control. It is important that statements are taken for all initial incidents to ensure that the best evidence is available and that a victim s initial feelings are available to a court. 2.6.8 On conclusion of any of the above circumstances, ALL paperwork MUST be filed at the relevant helpdesk. 2.6.9 Harassment paperwork files will consist of the following: 1. Copy of harassment notice Form 200912 (signed where applicable). 2. Victim MG11 (and Victim Personal Statement where applicable). 3. Officer in the Case MG11 4. Officer in the Case Pocket Note Book copy 5. Original NSPIS incident. 6. ATLAS occurrence summary. 7. Copy of 40a referral form. 8. Form 200914 Victim Diary Booklet (completed where applicable) 2.6.10 Helpdesk Staff Duties Click Document for Appendix A Helpdesk Staff Duties H:\HQ OPS\GS\S&H\ FORCE POLICY\Appe 2.7 First Report of Two or More Incidents 2.7.1 In circumstances that amount to the first report of more than one incident, the full offence under the Harassment Act is committed and powers of arrest apply. 2.7.2 The following steps will be taken: Statement of evidence obtained from the complainant. The crime will be investigated to establish and record any supporting/ corroborative evidence. The offender will be interviewed in accordance with Police and Criminal Evidence Act guidelines, whether this is following arrest or a voluntary interview. The officer must ensure that the interview is either taped or recorded on a form MG15. Normal methods of disposal as for any other crime related incidents will be considered, i.e. charge, summons, bail etc. or file as undetected if there is insufficient evidence to charge. 2.7.3 Following completion of an investigation, it may be considered that no formal proceedings are to be instigated. Warning the offender regarding any future conduct may be the practical option, and this will take the form of a Form 200913 V2.3 200208 Harassment NOT PROTECTIVELY MARKED 9
(Harassment Notice: Post-Investigation), however, this will require the authority of an Inspector who should review the case before authorising the issue of a warning by Form 200913. This will not in itself detect the offence. The fact that an offender has been warned may be given as supporting evidence in any subsequent proceedings if the conduct continues. This will be evidenced in the form of a statement of evidence from the Officer advising the offender (statement only required in the event of subsequent proceedings. A Pocket Note Book entry therefore must be completed). In no way does this negate the need to interview the suspect in relation to the allegations made. 2.7.4 If formal criminal justice proceedings are not taken, the complainant can still consider obtaining an Injunction or Restraining Order by virtue of the Act. If the complainant obtains an Injunction/Restraining Order, the previously recorded crime may be detected following the issue of an Order, if not already done so in accordance with Home Office guidelines D1 to D8. NOTE: In recounting the incidents forming part of the Harassment complaint, if the victim reports any incident that amounts to a substantive recordable crime, other than an isolated incident of common assault, the other substantive crime will be recorded in preference to the Harassment and dealt with accordingly. This does not prevent the evidence being considered for process in relation to an offence of Harassment. The above statement relates purely to the crime recording standard which, in general terms, requires the most serious crime recording of any reported incidents if they are reported at the same time and relate to the same victim and offender. Any queries on crime recording are to be referred to Force Crime Registrar. 2.8 Second or More Reports of Continuing Incidents 2.8.1 If a second report of Harassment is received in response to a previously recorded Single Incident, it follows that the initial incident should have been concluded by serving a Form 200912 notice. The subsequent report will now place the incident in the full offence category and should therefore be dealt with in accordance with any other crime related incident. 2.8.2 If the report is subsequent to a previously recorded full offence the following options may apply: If the original matter was dealt with through criminal justice proceedings, it is likely that an Injunction/Restraining Order will be in place. Therefore, the matter should be dealt with in terms of a potential Breach of the Order. Unfortunately, the Police may be presented with offenders whose cases have previously been disposed of by way of a caution/reprimand/final warning. In these circumstances, it must be considered that alleged series of incidents is concluded and any additional reports should be treated as though no previous reports had been received (see 2.18.4). If a complainant is reporting continuing Harassment, subsequent to a previously recorded full Harassment crime report, which was not concluded through the criminal justice process. A new complaint will be continuous to the initial crime report and no further crime records are required. The subsequent complaint will be dealt with in conjunction with the initial crime report and additional evidence gathered in an attempt to secure formal criminal justice proceedings. V2.3 200208 Harassment NOT PROTECTIVELY MARKED 10
2.9 Collective Harassment 2.9.1 Under section 1 of the Protection from Harassment Act 1997, the term Harassment applies to a course of conduct which harasses or alarms another or which causes that person distress. The criminal offence of Harassment is set out in section 2. There is also a civil remedy against Harassment provided in section 3, in the form of a Restraining Injunction. There is a separate and more serious criminal offence of "putting people in fear of violence" under section 4. 2.9.2 Please note that the provisions for dealing with Collective Harassment do not apply to the racially aggravated forms of both the above offences added by section 32 of the Crime and Disorder Act 1998. 2.9.3 With effect from 1st August 2001, section 44 of the Criminal Justice and Police Act 2001 amended the Protection from Harassment Act 1997, to make it clear that the legal sanctions that apply to a campaign of Harassment by an individual against another also apply to a campaign of Collective Harassment by two or more people. It is already an offence for a group of people to arrange for one person to engage in a course of conduct which harasses another. What is less clear is whether it is an offence for a group to arrange for, say, each member to do just one act of Harassment. In such a case, the victim is at the receiving end of a series of harassing experiences, but no offence may have been committed by any one person. 2.9.4 Subsection (1) of section 44 amends section 7 of the 1997 Act, which gives an interpretation of "conduct" and "course of conduct" in sections 1 to 5. The amendment inserts a new subsection (3A), providing an additional definition of "conduct". Paragraph (a) provides that conduct by one person shall be taken, at the time it occurs, also to be conduct by another if it is aided, abetted, counselled or procured by that other person. Paragraph (b) provides that the knowledge and purpose of those who aid, abet, counsel or procure such conduct relate to the moment at which the conduct was aided, abetted, counselled or procured, not when it took place. 2.9.5 The effect of paragraph (a) is to extend the offence of Harassment to cover a case where, for instance, a person (A) carries out one act of Harassment and then asks another (B) to arrange a further such act against the same victim. (A) would be liable to prosecution since he or she would be deemed to have carried out Harassment for the second time at the same time as (B) acted. To give another example, two people (C) and (D) ensure that, between them, they each carry out one act of Harassment. (C) and (D) would both be liable to prosecution, because each would be deemed also to have harassed the victim at the same time as the other carried out their act of Harassment. 2.9.6 The effect of paragraph (b) is to ensure that the knowledge and purpose of the person aiding, abetting, counselling or procuring conduct from another are to be viewed in relation to what was planned or should have been expected at the time the conduct was planned, and not at the time of the conduct itself. This allows the person who aids, abets, etc to offer a defence of reasonableness, without having to show the plan was still reasonable at the time it was carried out. Thus, to use the first example, (A) may send a person a joke card and ask (B) to send a further V2.3 200208 Harassment NOT PROTECTIVELY MARKED 11
such card, before learning that the person found the first card offensive. (A) would be able to argue that at the time he or she asked (B) to send another card, there was no reason to believe that this would amount to Harassment. Whether the defence would succeed would be for the court to decide, but the point is that (A) would not be judged with the benefit of hindsight. 2.9.7 The above changes to the 1997 Act apply only to offences committed on or after 1st August 2001. They do not extend to racially aggravated offences added by section 32 of the Crime and Disorder Act 1998, since the primary purpose was to bring in a measure to tackle a specific problem not related to Racial Harassment. There is also the potential problem of deeming that the aider and abettor, etc had the relevant motivation of racial hatred if it is proved that the agent had such motivation at the time of committing the offence, or immediately before or after doing so. 2.10 Course of Conduct against a Group of People 2.10.1 A single course of conduct may also apply to more than one person. In a recent case (DPP v Dunn 4 October 2000 QBD), it was held that it was not necessary always to have a separate charge of Harassment, in respect of each complainant, where a course of conduct comprised incidents involving more than one individual as the victim. The court held that it would not be inappropriate to include more than one complainant in an information where the complainants were members of a "close knit definable group" and the conduct complained of was clearly aimed at both of them on each occasion, even though only one of them might have been present on each such occasion. 2.10.2 Without prejudice to any further decisions the courts take on this issue, it appears to be possible to apply this principle to cases of Harassment directed at a family living in the same accommodation, or at a group of workers using the same place of work. 2.11 Role of the Area Public Protection Unit 2.11.1 Area Public Protection Units will continue to receive notification of every reported Harassment incident via the Children and Vulnerable Adult database. It will be the responsibility of the Area Public Protection Unit to review each case and determine if a risk assessment is required and if so, to ensure that appropriate action is taken in conjunction with the investigating officer. 2.11.2 Harassment cases that amount to Domestic or Hate Crime incidents will be dealt with in accordance with the respective and specific force policy and procedures. Other harassment cases that under normal circumstances amount to minor incidents of harassment, for example neighbour type disputes, will be referred back to the investigating officer without the need for further Area Public Protection Unit involvement or the requirement to retain the information on the Children and Vulnerable Adult database. 2.11.3 The Area Public Protection Unit will be required to monitor the more serious incidents (which typically involve stranger stalking or personal disputes regarding previous relationships) to ensure that an effective response and investigation is V2.3 200208 Harassment NOT PROTECTIVELY MARKED 12
provided including the provision of support for victims and investigating officers. This will include; Assisting investigating officers in the completion of risk assessments and the development of risk management action plans. Assisting investigating officers and their supervisors in the development of investigation plans which identify appropriate lines of enquiry. Where appropriate, providing information and equipment to victims to improve the collection of evidence. Ensure investigating officers conduct assessments to determine whether a victim qualifies for special measures. Monitoring the use of victim personal statements. Provide victims with crime prevention advice including reference to organisations such as The Network for Surviving Stalking (www.nss.org.uk) and Victim Support: 0845 30 30 900. Consideration of additional support for victims including referral to the Victim Support Service and/or other appropriate agency. 2.12 Recording 2.12.1 As already outlined, sections 4 Fear of Violence, 3(6) Breach of Civil Injunction and 5(5) Breach of Criminal Court Restraining Order are all NOTIFIABLE offences and should be recorded in the normal way. 2.12.2 Single Incident reports, although not crimes, should still be recorded. In order to ensure that all incidents of Harassment are recorded and researchable, all incidents will be recorded on the ATLAS system. 2.12.3 If a complainant is reporting continuing harassment, subsequent to a previously recorded full Harassment crime report, which was not concluded through the criminal justice process, a new complaint will be continuous to the initial crime report and no further crime records are required. The subsequent complaint will be dealt with in conjunction with the initial crime report and additional evidence gathered in an attempt to secure formal criminal justice proceedings. 2.13 Restraining Orders and Injunctions 2.13.1 Following the sentencing of a person convicted of an Harassment offence, it is open for Crown and Magistrates' Courts to issue a Restraining Order, directing the defendant not to do certain acts. It is also possible, in Civil courts, for a Judge following a finding of guilt to issue a Civil Injunction for the same purpose. 2.13.2 It is important for the protection of victims that details of these Orders and Injunctions are quickly available to all Officers. All members of the Constabulary have an obligation to ensure that force systems are accurately updated. Where systems, such as the Police National Computer, have not been updated, it is advisable to obtain a copy of any injunction / order from the court it was issued or the victim. 2.13.3 Some victims may have no recourse to public funds to obtain an injunction in the civil courts. All victims in cases where an injunction may be appropriate will therefore be advised to contact the National Centre for Domestic Violence on V2.3 200208 Harassment NOT PROTECTIVELY MARKED 13
08709 220704. The National Centre for Domestic Violence provides a fast and totally free service to victims of domestic abuse to help the quickly obtain an injunction through the courts by providing free legal support. 2.14 Victims Code 2.14.1 Incidents of Harassment can be very distressing for victims, and in many cases will have an extremely detrimental effect on the way they are able to live their normal lives. 2.14.2 With this in mind, all Officers are reminded that victims or complainants of this type of offence MUST be kept up to date in respect of ANY progress that may be made in respect of their allegations. This will normally be the responsibility of the Officer investigating the offence. Where this Officer is not on duty and action is taken by another Officer, the Officer taking any action will then assume this responsibility. 2.14.3 Investigating Officers MUST advise the complainant of the support that is available from Victim Support and make referrals in appropriate cases. 2.14.4 When suspects have been bailed from a Police Station, Officers should ensure that the victim is informed of this fact. They should also take what steps they can to minimise the risk of further harassment to the victim, e.g. by assisting in the deployment of panic alarms, mobile telephones, regularly visiting the victim s house or contacting refuges and helping, if necessary, with arrangements for emergency accommodation. It should be noted that, in domestic situations, it is at the point of seeking help and support, or leaving the abuser, that the victim is at most risk of being subjected to violence. 2.15 Administration Information 2.15.1 The Revised Form 200912 (Allegation of Harassment Notice) must be taken into use immediately. All previous versions of harassment notices must be destroyed and removed locally. Further supplies of Form 200912 are available from the Templates server. 2.15.2 The Harassment and Anti-Social Behaviour Diary Booklet (Form 200914) contains guidance notes for issue to victims of Harassment and Stalking. This form is also available Templates server. 2.16 Statement of Policy 2.16.1 The Cheshire Constabulary is committed to taking positive action when dealing with offences of harassment, whilst preventing and detecting crime, and protecting the rights and freedoms of individuals. Any police action or intrusion will be based on necessity and proportionality as to the potential impact of the incident. 2.16.2 Consideration has been given to the compatibility of this procedure and related procedures within the Human Rights Act 1998; with particular reference to the legal basis of its precepts; the legitimacy of its aims; the justification and proportionality of the actions intended by it; that it is the least intrusive and damaging option necessary to achieve the aims; and that it defines the need to document the relevant decision making processes and outcomes of action. V2.3 200208 Harassment NOT PROTECTIVELY MARKED 14
2.16.3 The role of the Cheshire Constabulary is to ensure public safety, to maintain the peace and to enforce the Criminal Law where appropriate. 2.17 Implications of the Procedure 2.17.1 There has been consultation with other Forces, Heads of Department and the ACPO Harassment Working Group in writing this procedure. 2.17.2 Harassment training is part of the student officer package. It has also been part of the frontline training given to all officers. 2.17.3 There are some risks for the Force with failing to adopt the procedure. In essence the Force may leave itself vulnerable to civil litigation from victims of harassment if the process is not followed. Failure to take a robust and positive stance with harassment may lead to an escalation of criminality and greater risk to the victims and our community, including death of or serious injury to victims. 2.17.4 Where the circumstances of the incident amount to nuisance telephone calls/text messaging or mail, the specific legislation covering such activity should be used where possible, unless there are specific threats involved, i.e. threats to kill or commit damage. 2.17.5 It is possible that some victims of harassment may not report an initial single incident, but will report it after a number of incidents have taken place. 2.17.6 There may also be occasions when a single incident of harassment takes place with no prior incidents. It must be remembered that a single incident, with no prior incidents, does not constitute a full offence of harassment (NO COURSE OF CONDUCT). 2.17.7 However, in those cases where a single incident takes place and the victim gives details of previously unrecorded incidents which predate it, these should be collectively treated as a full offence of harassment, and dealt with accordingly. 2.18 Victims 2.18.1 A successful outcome in how the Police deal with harassment should be in achieving the safety of the victim, and prevention of further incidents. Victims want the behaviour to stop. It may not always be necessary to take the matter to a criminal court. The circumstances may warrant a summons or charge. There cannot be any definitive guidelines in relation to the arrest of suspects, as each case must be judged on its own merits, however, if there is evidence to suggest that the points required to prove the substantive offence are met, then a suspect ought to be interviewed as per the Police and Criminal Evidence Act and an appropriate decision sought, from the Crown Prosecution Service if necessary, with reference to ensuring the safety of the alleged victim(s). 2.18.2 In the case of neighbour disputes especially, all officers are reminded that they will need to establish as soon as is practicable whether the complainant is the victim, since there may be malicious or counter allegations. In some cases the victims may be victimising each other. V2.3 200208 Harassment NOT PROTECTIVELY MARKED 15
2.18.3 Victims of harassment may be male or female. It MUST NOT be assumed that, because the majority of victims are female and the majority of suspects male, that the offender is always the male. Due to the adverse, psychological consequences of being stalked an / or harassed, officers might perceive some cases as being bizarre and officers might interpret victims behaviour symptomatic of paranoia however, officers MUST NOT underestimate the huge emotional impact which can manifest as a consequence of being stalked and / or harassed and in all cases, great care must be taken to ensure that the complainant is taken seriously and all evidence obtained. 2.18.4 A formal caution, final warning, or reprimand is not recommended in a case of harassment. Because the Act requires at least two acts of harassment to form an offence, a formal caution for a harassment offence could not be given until at least two such acts had been alleged. A formal caution in such circumstances would draw a line under the acts so dealt with. No action could then be taken in respect of a further reported act of harassment, as the suspect would need to carry out at least two more such acts before a prosecution could be considered, as they could not be prosecuted for matters previously cautioned. 3. Procedure Aim Click Here to Return to Index 3.1 This procedure is aimed at all police officers, and police staff within Cheshire Constabulary and explains how they will respond to incidents and investigate crimes which amount to harassment. 3.2 The priorities are to: a) Protect the lives and preserve the safety of all victims and others who may be at risk as a result of harassment, b) Investigate all reports of harassment, c) Facilitate effective action against offenders so that they can be held accountable through the criminal justice system, d) Adopt a proactive and, where appropriate, a multi-agency approach to preventing harassment. 3.3 The legal obligations which underpin these priorities include those within the Human Rights Act 1998 and European Convention on Human Rights (ECHR). 3.4 These are to: a) Protect life b) Protect individuals from inhuman and degrading treatment c) Uphold the right to liberty and security of the person d) Uphold the right not to be discriminated against e) Uphold the right to respect for private and family life. 3.5 Both the Convention and the Race Relations Act 1976 (as amended) place a clear responsibility on public authorities to fulfil these obligations without discrimination. 3.6 This procedure deals with offences under the Protection from Harassment Act 1997. It also includes Section 32 of the Crime and Disorder Act 1998, V2.3 200208 Harassment NOT PROTECTIVELY MARKED 16
Racially/Religiously Aggravated Harassment, which encompasses the Harassment Act Legislation. 3.7 There are strong connections between harassment and domestic abuse, particularly where the victim and suspect are, or have been, in an intimate relationship, therefore this procedure and any associated guidance should be read and implemented in conjunction with procedure 2006/07 Domestic Abuse Investigation Procedure and the associated guidance if it is appropriate. 4. Appeals Click Here to Return to Index 4.1 Appeals and complaints may be made verbally or in writing by members of the public via the police complaints procedures or internally via grievance procedures. 5. Review Click Here to Return to Index 5.1 This procedure must be reviewed annually to consider: Its effectiveness in the business area concerned Any changes to legislation Challenges to the procedure Any identified inefficiencies in relation to implementation Impact on diversity and equality (High on the Race Diversity Impact Assessment Template) Click Here to Return to Index V2.3 200208 Harassment NOT PROTECTIVELY MARKED 17