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New laws to tackle stalking introduced


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Im really not convinced we needed any new laws. We could have just enforced the ones we had better. If someone threatened to kill another person the police could have just taken it seriously rather than told the victim to keep a note of everything. I guess its a step forward though.

 

Precisely. There is no point introducing more laws, the police and the CPS are doing little to uphold the existing ones.

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Does this include stalking by government officials, private investigators and the like?

 

Not sure about PI's but officials would seem to be protected by this part:-

 

(4)It is a defence for A to show that—

(a)A's course of conduct was pursued for the purpose of preventing or detecting crime,

(b)A's course of conduct was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or

©the pursuit of A's course of conduct was reasonable for the protection of A or another or for the protection of A's or another's property.

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The Act covers everyone, as does the defence cited in the last post.

NB: the new 2012 Act merely adds extra sections into the Protection from Harassment Act 1997.

 

©the pursuit of A's course of conduct was reasonable for the protection of A or another

__________________

it it possible to clarify ©

 

what if the person being stalked is just going about their daily life e.g. at the shops - can the above have any bearing on that?

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I imagine that it would be a question of degree, upon which each side in a possible Court case would argue!

 

That along with virtually everything else in the new legislation, such as the heinous crime of "loitering in any place (whether public or private)", or standing still as it's otherwise known.

 

It just looks very much like a law that doesn't really address a serious issue because its complicated so they haven't bothered trying and hope that over time case law sorts it out.

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