The right hon. Gentleman makes a good point. We took evidence from several police officers, among whom were several knowledgeable females, who had been training their respective forces. Given that we now have a large number of good senior and junior police officers who are women, it will hopefully be more straightforward to put this legislation into effect than the 1997 Act.
I had come here to argue that the inquiry wanted a single indictable, either-way gateway. However, I am persuaded by what the Home Secretary said. I do not disagree with her analysis of new sections 2A and 4A of the 1997 Act. Hopefully, there will be such discretion for the police. When a repeat offender under new section 2A comes up again, he will clearly be a customer for new section 4A. It is extremely important that that is understood. Searches without warrant will happen under new section 4A, but not under new section 2A. I still believe that that power would have been helpful under new section 2A as well, because the police tell us that the earlier we move in on such people, the better the outcome is likely to be.
Whatever legislation we enact, it is crucial that the police, prosecutors—particularly those within the Crown Prosecution Service—judges and magistrates are trained and instructed properly, through various courses, on the necessary approach to this awful offence.
I know that other Members wish to speak, so I will curtail my remarks, but I first wish to put various questions on the record. I do not realistically expect the Home Secretary, or indeed any Minister, to respond to them all this evening, but I hope she will agree to respond in writing in due course.
My first question is whether there will be a consultation with NAPO, Protection Against Stalking and other stakeholders on the interpretation by police and prosecutors of the list of stalking behaviour contained in new section 2A. I agree that ““inter alia”” is otiose in the circumstances. There will be a review of the behaviour covered, so the point is dealt with without our having to discuss amendment (a).
Will there be an ongoing discussion about the need for improved victim advocacy, which is vital? I can say without breaching any confidences that the Prime Minister also took the view that that was vital. Will there be a full consultation with PAS, NAPO and other stakeholders on the implementation of the new sections of the 1997 Act? The Home Secretary said that there would be an annual review, which seems to me to provide a vehicle for including those stakeholders.
Will the impact of the new sections on police practice and prosecutions be monitored once they become law later this year? Will there be a full consultation with PAS, NAPO and other stakeholders on the interpretation of the definitions of ““fear of violence”” and of psychological harm involving serious alarm and distress, and will those definitions be set out in guidelines or training?
Will it be possible to monitor the impact of evidence being seized because of the need for the police to obtain a warrant for a perpetrator's arrest prior to their property being searched under new section 2A? I was going to ask whether there would be consultation on the guidelines for prosecutors, to ensure that persistent stalkers are charged under new sections 2A and 4A, but that has been dealt with, so I need not bother the Home Secretary with it.
I ask the Government to facilitate the treatment of offenders in such a way that as many as practicable can be diverted away from their offending behaviour. Appropriate courses need to be put in place for police, Crown prosecutors, judges, magistrates and probation officers, to ensure that they are thoroughly trained up. I mention Crown prosecutors because the Crown Prosecution Service has now put together a package to deal with the new legislation. Unfortunately, it will deal only with e-crime, not with crimes in general. I believe that that mistake needs to be put right.
Protection of Freedoms Bill
Proceeding contribution from
Elfyn Llwyd
(Plaid Cymru)
in the House of Commons on Monday, 19 March 2012.
It occurred during Debate on bills on Protection of Freedoms Bill.
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