Proposed Stalking Protection (Scotland) Bill
A proposal for a Bill to increase protection for victims of stalking by giving police the power to apply for stalking protection orders on behalf of victims
Recorded incidences of stalking have almost doubled in the last five years and the rise of cyber-stalking, through social media and mobile phone apps, shows no signs of abating. It is widely recognised that stalkers can have a profound effect on their victims, both mentally and physically, and that stalking behaviour can culminate in serious violence.
The dramatic rise in stalking offences since 2012 has led to calls, from victims of stalking and relevant stakeholders, for victims of these crimes to be given greater protection. A survey by the Scottish Government in 2017/18 found 27% of women aged 16-24 had experienced at least one incident of stalking in the previous year. Overall 11% of adults experienced at least one type of stalking and harassment in 12 months.
Currently, individuals who are being stalked can apply to the court to have a Non-Harassment Order (NHO) taken out against a stalker. This means that the victim has to take legal action themselves, which can be costly and stressful, and the numbers of victims applying for NHOs has therefore been empirically low.
Prosecutors can apply for an NHO once a stalker has been convicted. However, criminal cases take time to investigate and prosecute, leaving the victim to navigate a civil action at a particularly vulnerable time. In addition, if they do not qualify for legal aid, the cost is prohibitive.
My proposal aims to give victims greater protection, and access to justice, by allowing the police to apply directly to the court for a Stalking Protection Order (SPO). The police will have to show that there is evidence of stalking behaviour and that they believe that there is a risk to the victim. An Order would then prohibit the stalker from continuing this behaviour.
Breaching an SPO would be a criminal offence, in the same way that breaching an NHO is a criminal offence. However, it is not my intention that SPOs would replace criminal convictions for the offence of stalking - for example, a breach of an SPO could help to provide evidence for an ongoing criminal investigation. The advantage of SPOs is that they would provide a quicker procedure for the protection of the victim.
The UK Parliament has recently passed the Stalking Protection Act 2019, which provides the police with powers to apply for SPOs for victims in England and Wales. It is imperative that victims who are stalked in Scotland have access to a similar level of protection.
Being a victim of stalking is frightening, distressing, often relentless, and can cause severe damage to victims’ mental and physical well-being. SPOs would give the police an additional legal tool to increase protection for victims, which in turn may encourage more victims to report this pernicious crime.
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Rona Mackay
April 2019
How to respond to the consultation
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Online
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You are encouraged to submit your response via an online survey (Smart Survey) if possible, as this is quicker and more efficient both for you and the Parliament. However, if you do not have online access, or prefer not to use Smart Survey, you may also respond by e-mail or in hard copy.
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Email or post
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Responses not made via Smart Survey should, if possible, be prepared electronically (preferably in MS Word). Please keep formatting of this document to a minimum. Please send the document by e-mail (as an attachment, rather than in the body of the e-mail) to:
Rona.mackay.msp@parliament.scot
Responses prepared in hard copy should either be scanned and sent as an attachment to the above e-mail address or sent by post to:
Rona Mackay MSP
18a Townhead
Kirkintilloch
G66 1NL
Responses submitted by e-mail or hard copy may be entered into Smart Survey by my office or by NGBU.
If submitting a response by e-mail or hard copy, please include written confirmation that you have read and understood the Privacy Notice.
You may also contact my office by telephone on 0141 776 1561.
How to respond to the consultation
​
Online
​
You are encouraged to submit your response via an online survey (Smart Survey) if possible, as this is quicker and more efficient both for you and the Parliament. However, if you do not have online access, or prefer not to use Smart Survey, you may also respond by e-mail or in hard copy.
​
​
​
Email or post
​
Responses not made via Smart Survey should, if possible, be prepared electronically (preferably in MS Word). Please keep formatting of this document to a minimum. Please send the document by e-mail (as an attachment, rather than in the body of the e-mail) to:
Rona.mackay.msp@parliament.scot
Responses prepared in hard copy should either be scanned and sent as an attachment to the above e-mail address or sent by post to:
Rona Mackay MSP
18a Townhead
Kirkintilloch
G66 1NL
Responses submitted by e-mail or hard copy may be entered into Smart Survey by my office or by NGBU.
If submitting a response by e-mail or hard copy, please include written confirmation that you have read and understood the Privacy Notice.
You may also contact my office by telephone on 0141 776 1561.
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Will my employment rights be affected when the UK leaves the EU Union which is scheduled to take effect on 29 March 2019?No, in advance of the UK’s scheduled exit to leave the EU union, the UK government has committed to protect the rights of EU citizens and their family members currently living in the UK. This includes the right to live here, work here and access public services such as healthcare and benefits. To retain these rights after 30 June 2021, EU citizens must apply for UK immigration status under the EU Settlement Scheme.
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How do I apply for the EU Settlement scheme?You can access the application online using a computer, tablet or mobile phone. Please note the first part of this process currently requires access to an android app to verify your identity. You can then complete the rest of the application either on the android device or on any smartphone, laptop or computer. The other option is to send your passport to the Home Office but this could take some weeks for your passport to be returned.
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I already have an android phone, what are the requirements for my device?"The UK Government has shared information about device requirements on their website.
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I don’t have an Android phone to scan my current passport or biometric residence card.Please contact my office on 0141 776 1561 and we can assist.
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What information do I need to complete the application form, if I use an Android phone?"Documents you will need are either biometric passport, biometric national identity card or biometric residence card. You will also need to know your National Insurance number. The UK Government has produced guidance.
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Will my information be left stored on the phone?No, it is the app that stores information from your session. Information is only stored within the app and not anywhere else in the phone. Your information is only stored until the app is closed or your session ends.
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Is there any cost to apply?There was originally a £65 fee that the Parliament had agreed to reimburse but this has now been removed from the scheme and EU citizens can apply without any fee.
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Are there any other locations in Scotland offering ID document scanning?There is currenly only one location in Scotland offering ID Document scanning. This is at Registrars Office, The Quadrangle, City Chambers, 253 High Street, Edinburgh, EH1 1YP. There is a fee of £14.00 for this service.
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I have a disability and I cannot access the android technology. What other support is available?You can contact my office, or ask for support from the UK Government – EU Settlement Resolution Centre. They can be called on 0300 123 7379 from inside the UK.
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How can I stay up to date with developments about the Scheme?You can sign up for email updates from the UK Government.