Criminal Law Legislation Update
| DOI | 10.1350/jcla.2013.77.1.809 |
| Published date | 01 February 2013 |
| Date | 01 February 2013 |
| Subject Matter | Criminal Law Legislation Update |
Criminal Law
Legislation Update*
Laura McGowan†
Primary legislation
The Domestic Violence, Crime and Victims (Amendment) Act
2012 received Royal Assent on 8 March 2012. This will amend s. 5 of the
Domestic Violence, Crime and Victims 2004. It creates the offence of
causing or allowing a child or vulnerable adult to suffer serious physical
harm. This is in addition to the offence of causing or allowing the death
of a child or vulnerable adult. It is an indictable only offence with a
maximum custodial sentence of 10 years.
On 25 November 2012 ss 111 and 112 of the Protection of Free-
doms Act 2012 were brought into force creating new offences of
stalking. The 2012 Act inserts ss 2A and 4A into the Protection from
Harassment Act 1997, which create three new offences, namely s. 2A(1)
stalking, s. 4A(1)(b)(i) stalking involving fear of violence, and
s. 4A(b)(ii) stalking involving serious alarm or distress.
A person is guilty of the offence of stalking if, and only if, he or she is
first guilty of harassment as set out in the Protection from Harassment
Act 1997. It can become the offence of stalking where the course of
conduct amounts to harassment and the acts or omissions involved are
ones associated with stalking, and the person knows or ought to know
that the course of conduct amounts to harassment of the other person.
As such, the prosecution only have to prove that the defendant knew or
ought to have known the course of conduct amounted to harassment,
not that he or she knew or ought to have known that it amounted to
stalking.
The following are examples of acts or omissions which, in particular
circumstances, are ones associated with stalking: following a person;
contacting, or attempting to contact, a person by any means; publishing
any statement or other material relating or purporting to relate to a
person, or purporting to originate from a person; monitoring the use by
a person of the internet, e-mail or any other form of electronic commun-
ication; loitering in any place (whether public or private); interfering
with any property in the possession of a person; watching or spying on
a person. This is not an exhaustive list.
Section 4A creates the offence of stalking involving fear of violence or
serious alarm or distress. A person (A) is guilty of this offence where A
engages in a course of conduct that amounts to stalking, and either
causes another (B) to fear, on at least two occasions, that violence will be
* As at 1 December 2012.
† Barrister, Carmelite Chambers; e-mail: laurajmcgowan@gmail.com.
4The Journal of Criminal Law (2013) 77 JCL 4–6
doi:10.1350/jcla.2013.77.1.809
To continue reading
Request your trial