stalking and harassment v1 - suffolk constabulary · 2 of protection from harassment act (no...

Protective Security Marking:

OFFICIAL - SENSITIVE

Protective Security Marking: OFFICIAL - SENSITIVE

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POLICY

Stalking and Harassment

Policy Owner T/ACC Local Policing Norfolk and Suffolk

Policy Holder Head of Safeguarding & Investigations Department / Head of Protecting Vulnerable Persons Directorate

Author T/Insp Safeguarding & Harm Reduction Department / DCI CID CPC

Policy No. 13

Approved by

Legal Services 25.10.16

Policy owner 26.10.16

JNCC 04.01.16.

Note: By signing the above you are authorising the policy for publication and are accepting responsibility for the policy on behalf of the Chief Constables.

Publication date 27.10.16

Review date 27.10.18

APP Checked 14.10.15.

Note: Please send the original Policy with both signatures on it to the Norfolk CPU for the audit trail.




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Index

1. Introduction ................................................................................................ 3

2. Harassment ............................................................................................... 3

3. Malicious Communications ........................................................................ 4

4. Stalking...................................................................................................... 4

5. Initial Report of Harassment/Stalking ........................................................ 5

6. Identifying and Assessing Risk .................................................................. 5

7. Managing Risk ........................................................................................... 6

8. Recording Offences ................................................................................... 7

9. Actions and Sources of Evidence for Investigating Officers ...................... 9

10. Potential Witnesses ................................................................................. 11

11. Victims Collecting Evidence .................................................................... 11

12. The Role of the Custody Officer .............................................................. 11

13. Prosecution ............................................................................................. 12

14. Victim Withdrawal and Retraction of Statement ...................................... 13

15. Simple Cautions relating to Harassment ................................................. 13

16. Police Information Notices (PINS) to suspects about potential offences under PHA ............................................................................................................... 14

17. Civil Remedies ........................................................................................ 16

18. Restraining Orders .................................................................................. 16

19. Police Employees .................................................................................... 17

20. Domestic Abuse ...................................................................................... 17

21. Hate Crime and Community Impact Assessments .................................. 17

Appendix A – Additional Stalking & Harassment Questions .......................... 18

Appendix B – Organisations Providing Support ............................................. 19

Appendix C – Norfolk and Suffolk Harassment Flowchart ............................. 20

Appendix D – Example Police Information Notice (PIN) Generated by ATHENA 21

Legal Basis

Legislation specific to the subject of this policy document

Section Act (title and year)

Protection from Harassment Act 1997 Sect 32 Crime and Disorder Act 1998 Sect 32 (5) Domestic Violence, Crime and Victims Act 2004 Sect 12 Domestic Violence, Crime and Victims Act 2004 The Protection of Freedoms Act 2012 Home Office Circular 018/2012 Sect 127 Serious Organised Crime & Police Act 2005

Other legislation which you must check this document against (required by law)

Act (title and year) Human Rights Act 1998 (in particular A.14 – Prohibition of discrimination) Equality Act 2010 Health and Safety at Work etc. Act 1974 and associated Regulations Data Protection Act 1998 Freedom of Information Act 2000




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Other related Documents:

• Refer to the Forces’ respective CCR SOP’s, Policy Documents and NPIA Guidance.

• ACPO (2009) Practice Advice on Investigating Stalking and Harassment

• College of Policing (2013) Briefing Note for Amendments to the Protection from Harassment Act 1997

1. Introduction

1.1 Investigations relating to harassment can be linked to some of the most serious crime that police deal with including murder, sexual offences and domestic abuse. The impact of harassment on victim’s families and communities can be devastating. An effective response to harassment and related crimes can have a direct impact on improving public satisfaction and confidence in the Criminal Justice System, bringing offenders to justice, making communities safer and delivering a more effective transparent and responsive service for victims and the public.

1.2 This policy is aimed at police officers and police staff within Norfolk and Suffolk Constabularies and explains how they will respond to incidents and investigate crimes which amount to harassment and stalking.

2. Harassment

2.1 Under the Protection from Harassment Act 1997 (PHA) it is an offence to pursue a course of conduct, which amounts to harassment of another individual, and they know or ought to know amounts to harassment. The legislation states that harassment must involve conduct on at least two occasions (course of conduct).

2.2 The term Harassment is not defined in the Act but is considered to extend to any form of persistent conduct which causes another alarm or distress (some adverse impact on the victim is required). Therefore the range of behaviour that is capable of constituting an offence under the Act is potentially very wide. Examples might include threatening emails, telephone calls, letters, social media or texts; verbal abuse; criminal damage.

2.3 It will be deemed that the suspect ought to know that their course of conduct amounts to harassment if a reasonable person in possession of the same information would think it amounted to harassment.

2.4 A course of conduct requires a continuing pattern of behaviour on a minimum of two occasions. It is sufficient that the whole course of conduct causes distress or alarm, since there are occasions where a victim may not be present during each and every incident. Two isolated incidents separated by a lengthy period of time do not constitute a course of conduct. The further the incidents are apart, the less likely they will be looked upon as a course of conduct. Officers are advised to consult PNLD for further stated cases which may




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assist, for example R v Lau 2000, R v Hills 2000 (Times 20.12.2000) and Kelly v DPP.

2.5 It can include harassment by two or more defendants against an individual or harassment against more than one victim. Closely connected groups may be subjected to 'collective' harassment; the primary intention is not generally directed at an individual but rather at members of a group.

2.6 Harassment of an individual can also occur when a person is harassing others connected with the individual, knowing that this behaviour will affect their victim as well as the other people that the person appears to be targeting their actions towards.

3. Malicious Communications

3.1 In April 2015 Sec 1 of the Malicious Communications Act became a notifiable offence. This offence is completed by any person who sends to another person, a letter, electronic communication or article of any description which conveys a message which is indecent or grossly offensive, a threat, or information which is false and known or believed to be false by the sender; or any article or electronic communication which is, in whole or part, of an indecent or grossly offensive nature.

3.2 The mode of trial and penalty now makes this more serious than Section 1 and 2 of Protection from Harassment Act (no stalking or fear of violence).

3.3 CPS can apply for a restraining order on conviction for malicious communications under Section 5 Protection of Harassment Act 1997. Provided there is an identifiable victim and there is harassment or fear of violence, the court can make a restraining order on any offence. A breach of this order is a serious offence in its own right.

3.4 It is important that the relevant offence should be determined prior to closure, as it is unlikely that the courts will allow incidents that have already been dealt with to form part of a subsequent offence.

4. Stalking

4.1 Stalking is a term used for a particular kind of 'harassment': without harassment there can be no conviction for stalking.

4.2 Whilst there is no strict legal definition of 'stalking', section 2A (3) of the Protection from Harassment Act 1997 sets out examples of acts or omissions which, in particular circumstances, are ones associated with stalking. For example, following a person, watching or spying on them, forcing contact with the victim through any means including social media, loitering in any place (public or private), or monitoring the use by a person of electronic communication. In general, Stalking is harassment that involves long term patterns of persistent and repeated contact with a particular victim including a fixation and/or obsession with another. Stalking is the principal offence over other notifiable offences that are integral in the course of conduct.




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4.3 The effect of such behaviour is to curtail a victim's freedom, leaving them feeling that they constantly have to be careful. In many cases, the conduct might appear innocent if it were to be taken in isolation, but when carried out repeatedly so as to amount to a course of conduct it may then cause significant alarm, harassment or distress to the victim and have a substantial impact on their usual day to day activities.

4.4 In the majority of stalking and harassment cases, there will be some connection between the victim and the suspect, even if the victim is unaware of whom the suspect is (for example, where they have only briefly met before in passing).

4.5 Whenever a case of stalking and harassment falls within the definition of domestic abuse the appropriate guidance should be followed. This should occur even when the victim or others would not necessarily classify the situation as one of domestic abuse, for example, when the victim and suspect have only had a very brief intimate relationship; to the extent that the victim may not even believe that the behaviour falls within the definition of a relationship.

5. Initial Report of Harassment/Stalking

5.1 The procedure for Contact and Control Room staff is detailed in the Harassment Standard Operating Procedure (SOP). Initial evidence gathering needs to be comprehensive to support an effective investigation, using the THRIVE process.

6. Identifying and Assessing Risk

6.1 Identifying quickly and accurately the risks posed by a defendant toward a victim, group of victims or a victim's family is a crucial step in increasing the safety of a victim. Cases involving stalking and harassment can sometimes mean that the victim is particularly vulnerable due to the determined and persistent nature of the suspect's behaviour. Officers full rational in accordance with the National Decision Making Model should be documented on the relevant ATHENA report.

6.2 Risk identification factors include the harassing behaviour, the suspect and the victim:

• Behaviour happening more frequently or escalating level; suspect physically present; being directed against people surrounding the victim; threats of harm; destruction or vandalism of property

• Suspect has previous convictions / intel for violence or offending; previous harassment; harmed the victim or others; harmed animals; breached injunctions, orders or conditions; considerable knowledge about victim; encouraged others to assist; occupation / interests of concern; threatened/attempted suicide; misuse of drugs; mental health issues




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• Victim is fearful; physical and mental health affected; vulnerability makes them particularly susceptible; comprehension of risks and capability to exercise caution.

6.3 See also Appendix A, Aide Memoir for Stalking and Harassment Cases, High Risk Factors. On ATHENA select Stalking & Harassment risk assessment from the risk assessment tab located in the supplementary data fields.

6.4 Where the incident is domestic related, a full DASH (Domestic Abuse, Stalking and Honour Based Violence) risk assessment should also be completed, and selected from the risk assessment tab.

7. Managing Risk

7.1 Where a risk is identified, measures should be taken to manage and mitigate that risk in accordance with the National Decision Making Model. Officers full rational must be documented on the relevant ATHENA report. Actions to consider include:

• Locating, arresting and taking positive action against the suspect.

• Powers of arrest, entry, search and seizure in relation to the offence of stalking.

• Safety measures for the victim (temporary accommodation, home security measures, mobile phone, personal alarm, CCTV, Police provided mobile phone, Police installed panic alarm).

• Consider having a STORM telephone object marker created for victim’s telephone number(s).

• Referral to other agencies and information websites (Appendix B).

• Referral to Multi Agency Risk management Systems e.g. MARAC / MAPPA, and appropriate referrals for vulnerable adults and children at risk.

• Seizure of firearm and or revocation of a firearms licence where a legal power to do so exists (seize and complete a report to Firearms Licensing on the circumstances).

• Information and signposting to external support agencies for the victim e.g. Victim support, Housing Providers, specialist services for victims of Domestic Abuse.

• Managing information on intelligence systems and always submit intelligence reports.

• Inform victims that they may be able to seek additional or alternative recourse via the civil court by making application for a non-molestation order or other injunctive relief.

• Enforcing civil orders and restraining orders.

• Use of covert intelligence assets including surveillance and CHIS.




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• Ensure victims are given information in relation to risk and what steps can be taken to protect themselves including online protection, privacy settings and digital media safety.

• Unannounced curfew checks.

• Neighbourhood policing reassurance to victims and others who are adversely affected and ensure SNT are aware of actual or suspected harassment in their community.

• Known addresses of targeted harassment should be flagged on control room systems (CAD markers/Objects).

• Use of fast action response plans.

• Consider a STORM Problem Orientated Policing Geofence around the victim’s home/place of work via the CCR Support team.

• Advise victim to change passwords for gaining access to personal information via the internet or telephone.

• Advise victim not to dispose of any personal information or correspondence via dustbin – shred, burn or dispose by some means not accessible to suspect.

• Victim to be made aware that anonymous voter registration is available for people at risk.

7.2 For further advice on immediate safeguarding needs, contact Norfolk MASH supervisors and in Suffolk contact the relevant VCC supervisor.

7.3 Victims' experiences of harassment and stalking may be affected by identities distinct from gender, like their ethnicity, age, sexual orientation, disability, immigration status, and religion or belief. Each victim's individual experiences of harassment and stalking will be different, and some victims may encounter additional barriers to accessing justice. The safety and needs of each victim should be assessed on an individual basis.

7.4 Officers should, where appropriate, refer to their Constabulary Hate Crime Policy.

8. Recording Offences

8.1 All reports of harassment should be recorded in accordance with the National Crime Recording Standard (NCRS).

8.2 If only a single incident of harassment is reported that does not constitute a course of conduct, this does not amount to a notifiable crime and the occurrence should be recorded on ATHENA as “non-crime Investigation – First time Harassment” (Home office code NC/02 & CCCJS code NCI/2). If this relates to a Domestic Abuse incident then ‘Domestic’ is to be added as an included classification.

8.3 If a second incident is then reported, resulting in a course of conduct being complete, a crime report should be completed of “Harassment” either Sec.2




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Pursue Course of Conduct or Sec.4 Cause fear of violence (Home Office code 195/94 or 8/30 & CCCJS code EC08001 or PH97004) and linked to the first incident. If this relates to a Domestic Abuse offence then ‘Domestic’ is to be added as an included classification.

8.4 Once a notifiable crime of harassment has been recorded, if subsequent incidents are reported involving the same suspect, and the police have not, at that point, taken positive action, i.e., by means of charge, summons, caution, community resolution, a new crime should not be recorded. The original crime should be updated with details, i.e., treat subsequent incidents as part of the original crime. Once a suspect has been dealt with for harassment on a particular victim, subsequent allegations by the same victim are to be recorded on a new crime.

8.5 In relation to Malicious Communications, for recording purposes, this offence takes precedence over the ‘simple’ offences under Section 2 and 4 of the Protection from Harassment Act (but not over offences more recently introduced under the Stalking legislation).

8.6 This does not mean that any additional incident of malicious communication reported after the original crime has been recorded will be created as an additional identifiable crime.

8.7 Officers may still choose to deal with the offender under the Protection from Harassment Act however, it will be necessary to create the Malicious Communications crimes.

8.8 Only incidents that meet the criminal offence definition for Malicious Communications will be created as a crime. Lesser nuisance calls may still be evident of a course of conduct under the Protection from Harassment legislation but will not amount to crimes in their own right.

8.9 No Further Action and the issue of a Police Information Notice is not a positive outcome.

8.10 Where the suspect has committed specific criminal offences during the course of harassment, prosecution for the other offences should be preferred where there is sufficient evidence to do so, and where this course of action will include protection for the victim from further harassment or harm. The substantive criminal offence will be recorded, not the harassment.

8.11 If appropriate, consider re-classifying previously recorded crimes to Stalking if the offences are linked and fulfil the definition.

8.12 If there is any doubt about the recording of offences, reference should be made to the Home Office Counting Rules website, or advice sought from supervisors or crime allocators.

8.13 Across Force Boundaries: where a victim has been subject to harassment, the Force in which the harassment took place (home address or elsewhere) should assume responsibility. Where the harassment takes the form of




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correspondence or messaging, electronic or otherwise, then the location of the offender at the time of the offence will determine the crime location. Where the location of the offender cannot be determined, then the crime will be recorded upon the address of the victim.

9. Actions and Sources of Evidence for Investigatin g Officers

9.1 The investigating officer should consider all potential lines of enquiry, including:

• Reassess victim safety and the safety of others, including officer safety.

• Fully complete DASH Risk Assessment and / or additional Stalking and Harassment questions.

• Confirm the identity of the suspect and, if appropriate, circulate a full description of them and their vehicle.

• Establish who is or was at the scene, including any children present and potential witnesses.

• If not already done request appropriate checks on suspect and household, including checks of IT and/or paper-based systems for restraining orders and civil injunctions, previous reported harassment or domestic abuse incidents, court orders relating to child contact.

• Make accurate records of everything said by the suspect, victim and witnesses. Record the demeanour of the suspect, victim, witnesses.

• Secure the safety of victims in their home. If this is not possible, consideration should be given to taking them to another place of safety, e.g. family, friends or refuge.

• Obtain an overview of what has happened, taking into account the risk factors associated with harassment.

• Ensure that information relating to the suspects previous conduct (including against other victims), and motivations is recorded and included in any risk assessment processes.

• Background checks on the suspect, victim and any witnesses.

• Consider taking photos and/or video camera to record evidence.

• Obtain full history in victim account rather than just current incident

• Financial evidence.

• Seizure of all electronic, telecommunication evidence and written communications relevant to the investigation

• Victim’s own records or diaries.

• Physical evidence such as documents, handwriting, fingerprints and sources of DNA.

• Consider CSI & POLSA if necessary.

• Victim’s medical history in relation to physical or psychiatric history.




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• House to house enquiries.

• Evidence and records kept by other witnesses.

• CCTV and ANPR evidence.

• Any evidence of preparation for harassment, or previous incidents which the victim is aware of but has not yet been linked to the investigation.

• Information from other agencies – where appropriate, officers should adopt a multi-agency approach to facilitate information sharing and a problem solving approach.

• Information from other forces if victim / suspect known in different area.

• Check Norfolk PIN database and Suffolk CIS for details of any previous notices issued to the perpetrator regarding harassing actions to any person.

• Where the incident is the first occasion of harassing behaviour, or the actions did not constitute a full PHA offence, consideration of PIN, this must have Supervisor’s authority and details of this authorising officer to be documented on ATHENA Report.

• A second PIN should not be issued unless the first is reasonably considered to be out of date, each case should be reviewed on its own merit re a course of conduct – seek advice from a supervisor if unsure. A PIN will not be deemed to be valid if over 12 months old, unless exceptional circumstances exist.

• Information should be given to victim regarding the retention of further evidence.

• Where a course of conduct is revealed, evidence sho uld be compiled for positive action against the suspect.

• Officers should consider their powers available under sections 17, 18 and 32 of PACE to enter and search premises for corroborative evidence: personal items of the victim; audio, video and still photography; electronic /telecommunication devices and itemised bills; financial documentation showing purchases to victim or attendance in particular locations; handwriting samples; documents and keys relating to use of other premises; vehicle keys and documentation; binoculars. Officers should be mindful that Section 2a of the Protection from Harassment Act 1997 is a summary only offence as is the section 2 offence of Harassment. Therefore, the powers of Section 17, 18 and 32 of PACE do not apply to this legislation. In order to conduct a search, it will be necessary to obtain a warrant from a Justice of the Peace.

9.2 It may be appropriate on occasion to consider other legislation, Section 127

Serious Organised Crime & Police Act 2005 amends section 42 of the Criminal Justice and Police Act 2001 to make it an offence for a person, where they are subject to a direction to leave the vicinity, to return within a period of up to three months (the precise length of time to be specified by a constable) for the purposes of representing to or persuading a person not to do something they are entitled to do, or to do something they are not obliged to do. It is doubtful whether a direction issued by a police officer under section 42 could lawfully




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direct a person to stay away from the premises for anything other than a relatively short period of time. Failure to comply with such a direction is a summary offence.

10. Potential Witnesses 10.1 The nature of stalking and harassment, particularly where the victim has been

followed or subjected to periods of observation, will usually mean that the defendant has spent significant periods of time in the vicinity of the victim's home, place of work or other places that the victim habitually visits.

10.2 Investigating officers to consider evidence from:

• Neighbours whose homes or workplace are in a line of sight of the location of the incident;

• Those resident or working adjacent to likely routes taken by the defendant;

• Those near to or who are users of potential sites for parking a vehicle;

• Those who use nearby leisure facilities, e.g. dog walking, sports facilities and playgrounds; and

• Where the defendant has obtained accommodation near the victim, identify the address and interview neighbours about the defendant's movements.

11. Victims Collecting Evidence

11.1 Given that this type of crime, by its nature, is often repetitive, it is helpful for victims to maintain a special record or diary of events. Ideally, the record should be maintained in a bound book, separately from personal details such as appointment times and other endorsements as the document may become disclosable. It should also be completed as soon as possible after each event, with all entries timed and dated. Victims should be encouraged to:

• Note details of witnesses who may have observed or heard the incidents;

• Keep a record of how the suspect looked, details of their clothing or vehicle;

• Store messages, emails or tape any calls made by the suspect;

• To use 1471 on the phone and write down details of calls received including the time received and the telephone numbers, this includes unanswered calls;

• Keep written communications, parcels, and where possible without opening them;

• Victims should also not be afraid to inform neighbours, friends and work colleagues and ask them to log any suspect behaviour.

12. The Role of the Custody Officer

12.1 When detaining a suspect, custody staff should:




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• Consider the suspect’s right to a phone call in respect of the potential to harass and intimidate the victim, children, family members and potential witnesses;

• Ensure any phone calls are supervised;

• Record if a suspect threatens to commit suicide, this should be included within the custody risk assessment process for the care of the suspect in Police detention;

• Consider suicide threats by the suspect as a risk factor relating to further harm being caused to the victim and children, and include as part of any decision making process for Police bail;

• Record significant statements on the custody record and invite the suspect to sign and verify them;

• Document any intimidating, aggressive or threatening behaviour exhibited by the suspect on the custody record;

• When considering bail of a suspect a risk assessment should be undertaken regarding the safety of the victim before such decision is made and discussed with CPS (refer to Identifying and Assessing Risk)

• Consider remand in custody and bail conditions to ensure safety of the victim.

• Ensure the victim is informed and a safety plan is in place (if appropriate) BEFORE the suspect is released.

• Ensure Prison Escort Record (PER) form is completed. The prison authorities can then use the information on the form to assess any risks to the prisoner and prevent any further harassment of the victim while the defendant is in custody.

13. Prosecution

13.1 All allegations of Harassment or Stalking must result in an initial police investigation. Where there is sufficient evidence that an offence has been committed (clear course of conduct or suspect previously informed that behaviour was harassing) and the public interest test is met, the Crown Prosecution Service will generally proceed with a prosecution.

13.2 Submission must be timely; Section 2 offences are summary only and require information or a complaint to be laid within six months from the time when the offence was committed, or the matter of complaint arose.

13.3 Quality of the victim statement is important, and should include a full account of all incidences, current and previous, and personal impact on the victim, as this affects both evidential strength of case and sentencing. Compliance with the Victims Code of Practice is vital from the first point of contact, establishing the needs assessment and updating CPS accordingly. Victims of stalking are entitled to an enhanced service under the Victim’s Code, and in every case the victim has the opportunity to provide a Victim Personal Statement (VPS). It is essential that all witnesses in stalking cases receive from the police an




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accurate explanation of the special measures for which they are eligible and are made aware that the court will determine whether these will be granted.

13.4 When the police investigation is complete, there may be circumstances in which a charge, caution or prosecution is not possible. There may not be sufficient evidence of a course of conduct which breaches the Protection from Harassment Act 1997 (PHA). This may be because actions complained of were reasonable and lawful and were adequately explained by the suspect, or the report may be of a single act which does not constitute a course of conduct. In all cases the victim must be updated in accordance with the Victims Code of Practice.

14. Victim Withdrawal and Retraction of Statement

14.1 A statement should be taken which states and describes the reasons for a victim withdrawing their support. If withdrawal statements are taken with care, they might still be used as evidence in current or future criminal proceedings or as evidence within the family court system. Any withdrawal of support for a prosecution should prompt a revised risk assessment process and safety planning.

14.2 In the case of a domestic related harassment withdrawal statement then Suffolk should consult a Victim Care Officer and Norfolk should consult MASH regarding the need for any further safeguarding.

14.3 A withdrawal statement should contain the following information:

• Confirmation of whether the original statement given to the police was true (if account given in original statement has to be amended, an explanation for this should be included);

• Whether the victim has been put under pressure to withdraw;

• Nature of the original allegation (if not fully covered in a previous statement);

• Victim’s reasons for withdrawing the allegation;

• With whom the victim has discussed the case – particularly anyone who has advised them;

• Whether any civil proceedings have been, or are likely to be, instigated; and

• Impact on the victim’s life if the case is continued.

14.4 Where proceedings have been initiated, withdrawal statements should be forwarded to the Crown Prosecution Service (CPS) and accompanied by a background report by the officer in the case. This report should include the officer’s views on the case, including any suspicions of witness intimidation or pressure, if not already included in the withdrawal statement.

15. Simple Cautions relating to Harassment

15.1 Instances of harassment should only be subject of a caution disposal in exceptional circumstances as for the offence to be complete the offender must




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have demonstrated a course of conduct. By cautioning there is no opportunities to further protect the victim by the issue of a restraining order at court. Officers should remember that administering a simple caution for harassment may render all the conduct on which the caution is based inadmissible as evidence should the conduct continue subsequently, and for this reason the views of the victim should be fully considered in such cases.

15.2 Restorative disposals should not be used for domestic related Stalking/Harassment.

16. Police Information Notices (PINS) to suspects a bout potential offences under PHA

16.1 There is no concept of official 'warnings' under the Act, and a suspect does not need to be informed by the police, via a PIN or verbally, that their behaviour may constitute a criminal offence before the Act can be applied.

16.2 There are some circumstances in which it can be useful for the police to inform a suspect in writing that their alleged conduct may constitute an offence under the PHA (for example suspect may be genuinely unaware or try to use ignorance as an excuse; evidence only of a single act; complainant unwilling to support a prosecution and case not continuing).

16.5 Any decision to issue a Police Information Notice must be authorised by a Supervising Officer of at least the rank of Sergeant, who must first be satisfied that an appropriate level of investigation has been completed.

16.6 It should always be given in person by the officer (never by post), so that there is clarity about the defendant's identity and that they received the notice. When a police notice has been issued, the officer should record that fact and the nature of the notice, and offer it to the recipient to sign, indicating receipt and understanding. It may be necessary to read the caution to a defendant if they make relevant comments. Officers should take into account the needs of the Data Protection Act when preparing police information notices, and where a notice is handed to the opposite party for agreement of the contents, that this is a sanitised version showing only the parties name.

16.7 Officers should consider that they may only have received one version of events from the victim. It is imperative that an investigation has been conducted by the officer and corroboration is sought where possible. Obtain the other parties account, review previous history, including previous calls via CAD as well as CIS / ATHENA reports. If a PIN is given to a person without first establishing the facts this will often attract complaints to PSD. Following investigation, it may not always be appropriate to issue a PIN. On occasion it may be that the offence of Harassment is made out and therefore the option to arrest for this may be more appropriate.

16.8 Officers should also consider the timing of the PIN delivery, taking into account any safeguarding needs with the possible disruption to the recipient in terms of location and time of day.




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16.9 Early intervention by use of a Police Information Notice (PIN) to the suspect could be sufficient to prevent further harassment. The delivery of the notice could also be relevant evidence in the future to prove that an individual knew their conduct amounted to harassment.

16.10 Content: the notice itself should be sufficient to advise the suspect of the following:

• The PIN is not a court order or any form of conviction or caution.

• The requirements and the scope of the Prevention from Harassment Act 1997.

• That all allegations of harassment are taken seriously and investigated by police.

• That harassment, alarm or distress has been caused or may have been caused, to the victim by specified actions of the suspect (or that this may be caused should the conduct continue).

• That any further similar conduct could amount to a criminal offence under the PHA.

• The fact that the PIN has been received could be used as evidence in any future criminal investigation or prosecution, or civil proceedings taken by the victim.

• That acknowledging receipt of the notice does not mean that the suspect is admitting any wrongdoing, simply accepting information about the PHA and the police position on investigating allegations of harassment.

• Officers cannot use a PIN to assign any form of conditions, (i.e. like bail conditions; not to attend an area / not to contact a person)

16.11 The PIN can form evidence of a continuing course of conduct should there be any subsequent incidents, and as such immediate access to a copy is important

16.12 Officers should record an investigation / crime of Harassment on ATHENA either as a crime or a non crime first instance of harassment. If a PIN is authorised by a supervisor to be issued the name of the Supervisor is to be recorded in the report.

16.13 The PIN document is generated by ATHENA and populates the form from the investigation recorded on ATHENA, however this can be edited by the officer to read more appropriately if required. Alternatively if a hand written PIN is issued this will need to be scanned and uploaded onto the ATHENA record as a document.

16.14 The officer inputting will need to request that the PIN is linked to both the Victim and the Perpetrator via IMU so that it is searchable.




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17. Civil Remedies

17.1 The Protection from Harassment Act 1997 introduced a civil remedy for harassment and made a breach of civil court injunction a criminal offence.

17.2 Civil proceedings may be commenced by the victim, or any other person who has been subject to an attempt to persuade them not to do something that they are entitled or required to do, or to do something that they are not under any obligation to do. The purpose of this is to allow an alternative means of protection, civil injunction, and the right to compensation, where criminal sanction is inappropriate or not available, e.g. evidence is insufficient for criminal standard of proof, because the evidence indicates that an offence will be committed if the defendant is not restrained by an injunction, or when only one incident has occurred. A person may make an application in respect of harassment which is apprehended (i.e. feared or anticipated).

17.3 When recommending Civil Remedies, officers should be mindful that legal aid is not always available and this can add further distress to victims. Sensitivity should be used.

18. Restraining Orders

18.1 Since the correct application of a restraining order can be a significant part in managing the risks to a victim and in preventing further harassment, the investigating officer should provide information about possible conditions for an order as soon as possible.

18.2 Restraining orders should be drafted to meet the particular risks presented in each case and should not be a repetition of routine clauses. One issue to be addressed is whether or not it is safe to include the victim's address on the order. Suggested conditions include:

• Not (either alone or by means of agents) to directly or indirectly contact, harass, alarm, or distress the victim and others as appropriate;

• Not to knowingly approach within the boundary of (specify street or road names and attach a copy of an annotated map to clarify parameters) any premises where the victim and others as appropriate reside, work or frequent; avoiding terminology such as ‘not to be within 100 metres of the victim’;

• Not to telephone, fax, communicate by letter, text, electronic mail or internet with the victim and others as appropriate, or to send or solicit any correspondence whatsoever;

• Not to display any material relating to the victim on social networking sites including YouTube, Facebook and Twitter;

• Not to retain, record or research by any means, private, confidential or personal facts, or information relating to the victim and others as appropriate; or

• Not to use a different name or to change names without immediately notifying the court and/or the police.




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18.3 The order can be granted for a specified or indeterminate period of time, therefore, leaving the onus on the defendant to satisfy the court that they no longer present a risk to the victim. Restraining orders should also be considered where the defendant receives a custodial penalty, as it is possible to harass or cause fear of violence from prison.

19. Police Employees

19.1 Allegations of stalking and harassment by/of police employees should be dealt with by a supervisor. When a police employee is suspected of stalking or harassment, early consideration should be given to whether the nature of the harassment relates to the employee’s role and any need for specialised safeguarding or confidentiality. The Duty Inspector should be contacted for advice and appropriate action/reporting. Record as a crime appropriately with due consideration to having the CAD and crime appropriately blocked / view rated CTRLRM (or other appropriate CAD view rating).

19.2 The Professional Standards Department (PSD) should also be notified either via telephone or email, so any misconduct offences can be considered.

20. Domestic Abuse

20.1 There are close associations between harassment and domestic abuse. Many offences of harassment are perpetrated against partners from a previous intimate relationship, and domestic abuse is likely to have been a feature of these relationships. Domestic Abuse perpetrators present a particular danger to the victim, children and others in terms of serious harm and homicide.

20.2 Full DASH Risk Assessment details must be obtained, and procedures followed as per the Forces’ Domestic Abuse and DVPN/PO policy documents.

21. Hate Crime and Community Impact Assessments

21.1 Officers investigating should be aware that incidents of harassment might also constitute a hate crime or incident. Officers also need to have consideration when dealing with victims of HBA (honour Based Abuse) and also Forced Marriage as these victims can also be victims of stalking & harassment. Refer to Force’s policies and procedures for guidance.

21.2 Harassment of an individual may also be perceived as the harassment of a particular community and/or impact adversely on that community. This is especially relevant where any element of the harassment is perceived by the victim, or any other person, as being motivated by prejudice or hate.

21.3 When an officer suspects that the harassment may be perceived as, is intended as, or is experienced as harassment of a community, advice should be sought from a supervisor of a rank not below that of Inspector. The early completion of a community impact assessment can assist the response to a situation by addressing wider community concerns, and can facilitate the gathering of local information and intelligence.




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Appendix A – Additional Stalking & Harassment Quest ions

Aide Memoir for Stalking and Harassment Cases

This aide memoir can be used in all cases of stalking and harassment. It should be completed by professionals if there are two or more incidents of stalking and harassment (reported or unreported) and/or if the victim is extremely frightened. These questions direct you to specific areas that will give you an indication of the victim(s) risk of future violence/harm. Most the behaviours will be about coercive control. Do not think it is any less serious if there has been no physical violence. The more ‘yes’ answers you have, the higher the risk that the suspect could physically attack the victim at any time.

Please ensure that you write the additional notes about the context of what is going on and link the responses to a risk management/safety plan.

THE CONTEXT AND DETAIL OF WHAT IS HAPPENING IS VERY IMPORTANT. THESE ARE ALL RISK FACTORS OF SERIOUS HARM. TICK THE RELEVANT BOX AND ADD COMMENT WHERE NECESSARY TO EXPAND � Reference Number: Yes No

Is the victim very frightened? ☐ ☐

Has (insert name of abuser(s)) engaged in harassment on previous occasion(s)? (This victim and/or other victims.) ☐ ☐

Has (insert name of abuser(s)) ever destroyed or vandalised the victim’s property? ☐ ☐

Does (insert name of abuser(s)) visit the victim at work, home etc, more than three times per week? ☐ ☐

Has (insert name of abuser(s)) loitered around the victim’s home, workplace etc? ☐ ☐

Has (insert name of abuser(s)) made any threats of physical or sexual violence in the current harassment incident? ☐ ☐

Has (insert name of abuser(s)) harassed any third party since the harassment began? (E.g. friends, family, children, colleagues, partners or neighbours of the victim)

☐ ☐

Has (insert name of abuser(s)) acted out violently towards people within the current stalking incident? ☐ ☐

Has (insert name of abuser(s)) persuaded other people to help him/her? (Wittingly or unwittingly.) ☐ ☐

Is (insert name of abuser(s)) known to be abusing drugs and/or alcohol? ☐ ☐

Is (insert name of abuser(s)) known to have been violent in the past? (This could be physical or psychological. Intelligence or reported.) ☐ ☐

Other relevant information/additional observations made by Practitioner (e.g. level of fear in victim, details of threats and violence, duration of harassment, various harassing behaviours engaged in by abuser, victim’s beliefs concerning abuser’s motives, weapons owned by abuser, nature of unwanted ‘gifts’/items left for victim, attitude/demeanour of abuser including mental health issues and whether victim has responded in any way to the abuser.)




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Appendix B – Organisations Providing Support

The National Stalking Helpline Telephone: 0808 802 0300 www.stalkinghelpline.org Practical advice and information to anyone who is currently, or previously has been, affected by harassment or stalking Paladin paladinservice.co.uk The new National Stalking Advocacy Service was established in the spring of 2013. The service aims to provide strategic advocacy to high risk victims of stalking and establish a network of victims who have endured stalking, providing mutual support and empowerment. Protection Against Stalking www.protectionagainststalking.org Protection against Stalking (formerly The CRT Trust) works jointly with relevant agencies to increase awareness of Stalking and Harassment to ensure victims receive all the protection and help they need to rebuild their lives and live free of fear. Network for Surviving Stalking www.nss.org.uk The charity Network for Surviving Stalking represents UK stalking victims and their families. Established by stalking victim Tracey Morgan 9 years ago, NSS listens to the views of victims and professionals and uses their knowledge and experience to help others. NSS helps run the National Stalking Helpline. The Suzy Lamplugh Trust Telephone: 020 7091 0014 Email [email protected] www.suzylamplugh.org This organisation aims to create a safer society and enable everyone to live safer lives. It works for the reduction, and fear of, crime against the person through campaigning for policy and legislative change, research, training, and advice. Victim Support Telephone: 0845 30 30 900 www.victimsupport.org.uk Helpline for anyone affected by crime Woman's Aid/Refuge Telephone: 0808 2000 247 - Freephone 24 hour National Domestic Violence Helpline run in partnership between Women's Aid and Refuge. Email: [email protected]




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Appendix C – Norfolk and Suffolk Harassment Flowcha rt




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Appendix D – Example Police Information Notice (PIN ) Generated by ATHENA

POLICE INFORMATION REPORT

Defendant: Mr / Mrs ??? Date of Birth: 00/00/00 Address: 1 The Street, Norfolk An allegation of Harassment has been made against y ou. Details of alleged conduct: It has been alleged by Mr / Mrs ??? that since the 1st January 20?? You have made numerous telephone calls to him/her, left several voicemail messages and have been attending his/her home address and waiting for him outside and putting notes through their door.

Mr / Mrs ??? has stated that all contact from you b y whatever means is unwanted and it is causing him/her to feel harassed and distressed.

Harassment is any behaviour, on at least two occasions, which causes alarm or distress to someone else. At this stage, the police are not commenting on the truth of this allegation. Instead, this letter is being sent to you in the spirit of crime prevention and to make you aware that if the kind of behaviour described were to continue, then you would be liable to arrest and prosecution.

You should also be aware that if further such behaviour resulted in prosecution then the behaviour complained of above could be referred to, or relied upon, in any subsequent proceedings.

This letter is neither a court order nor a criminal record , but will be kept by the police for the purposes of any future investigations and retained in accordance with national guidelines on the Management of Police Information.

Signature of

recipient:……………………………………………………………………………………………………………………….

Officer issuing (name, collar,

rank):…………………………………………………………………………………………………….