Last month in the House of Lords I hosted the launch of the People’s Enquiry into Stalking Law Reform. I was also a member of the all-party Independent Parliamentary Inquiry, which took evidence from victims and bereaved parents of murdered victims (including Clare Bernal who was shot dead in Harvey Nichols in 2005 by her stalker, Michael Pech); probation officers; police; magistrates and others in the criminal justice system. I was invited to join the Inquiry because of my own experiences, which I have spoken of in the debate on the need for stalking reform.
What became clear to us during the Inquiry is that the present law is just not working for these victims and their families. The Harassment Act is used equally for neighbourhood hedge disputes as it is for murderous stalkers, and the penalties available to a court are ridiculously inappropriate. Much more importantly, the culture within the criminal justice system needs to change. We’ve seen that start to happen with domestic violence, but not about stalking which is often perceived as a fuss about nothing. Worse, some police have told victims they should be glad of the attention!
One brief illustration shows the scale of the problem: one victim I know had been stalked by her ex-husband for a number of years. The police had persuaded the criminal courts to put in place restraining orders, which he repeatedly breached. He then went to the family court to increase his access to their children. The family court judge refused to listen to the victim, saying that she was just being difficult about letting him have access, and wouldn’t look at the paperwork from the criminal court. Eventually the police, so worried about her safety, went back to the judge and insisted that he read the paperwork relating to the restraining orders. He did so, and completely changed his view. But he didn’t have to, and many courts don’t take account of years of sustained stalking campaigns, they only look at the one current incident in front of them. The perpetrator in this case was not unusual: bright, highly manipulative and obsessed. They need help and treatment, not just prison, so that they change their behaviour.
The Inquiry recommends draft legislation that will build on the 2005 Scottish Act, and it is much more detailed than a recent Labour proposal in the Lords. It increases the sentencing available to the Courts, which means it can now be heard in the County Court, and not just by Magistrates. The draft Bill also says that there must be training for all staff involved, so that even junior staff understand that stalking is serious and dangerous. We must have risk assessments for victims and their children, and give victims a voice. David Cameron has said publicly that he believes it is time that there was a change and has asked to see our Report, and I know that both Nick Clegg and Lynne Featherstone are really behind a change in the law.
The time is right for a change in the law, and there is genuine support cross-party at a senior level to make it happen. We owe it to the victims of stalking and their families to change the law – and change their lives. Sometimes, it will also save their lives.
* Baroness Sal Brinton is President of the Liberal Democrats. She is a working Lib Dem peer, and was the candidate for Watford at the 2010 and 2005 General Elections.


