New laws could make stalking a criminal offence

The first amendment would mean the charge of harassment could be tried in a crown court or magistrates court. Currently it is only tried in magistrates courts.

Allowing a case to be tried in a crown court means more serious sentences would be available to the judge.

A second amendment will be made which will define a crime of stalking which would be based on legislation introduced in Scotland a year ago.

Campaigning group Protection Against Stalking says the effect of this would not only describe stalking behaviours but would “also contain a catch-all sub-clause to take into account future developments in technology which could be used as a tool for stalking.”

Offenders let off lightly

Clare Bernal was working at the cosmetics counter at Harvey Nichols when she was shot dead by a man who had become obssessed with her. He had twice been arrested by police for stalking her, and had made a direct threat to kill her. Despite this he was free to carry out his crime.

Tragedies such as this have persuaded politicians from all parties that the law on stalking should be changed. The Prime Minister David Cameron has hinted at his support.

Currently stalking is dealt with under existing harrassment laws. But campaigners say police and prosecutors do not take it seriously enough, so offenders are let off too lightly.

Campaigners point to the success of Scottish legislation, where no more than 70 stalking cases were prosecuted under British law in a decade. Since the new act was introduced, there have been twice that number in Strathclyde alone.

It is six years since Clare Bernal was shot dead. Her killer had been charged with harrassment but released on bail a fortnight before he murdered her.

Peers debating a law change believe it is just possible their amendments could have prevented that tragedy and others.

Stalking statistics

– About 120,000 people are harrassed or stalked each year
– 53,000 of those cases were recorded as crimes by the police last year
– But just two per cent received a custodial sentence

Source: British Crime Survey