The Law of Harassment and Stalking
Edition: 1st PB
Authors: Paul Infield & Graham Platford
Publishers: Tottel Publishing
Publication Date: 2000 (This Edition Reprinted by Tottel in 2007)
Publisher’s Title Information
Over the last few years harassment and stalking appear to have become increasingly prevalent. Hardly a week goes by without the media reporting a new case of stalking or a new manifestation of it. Some cases are comparatively trivial; others, however, end in serious assault, rape or murder. For those who are subject to the full attentions of a committed, obsessed stalker the effects can alter their lives irrevocably. It is not for nothing that stalking has been described as 'rape without sex'.
The Law of Harassment and Stalking is a practical guide which addresses the main forms of harassment which have been identified to date, including harassment within the family, and considers in detail the informal and legal remedies whether common law, statutory, civil or criminal.
The book includes appendices which set out the major relevant statutes and common law relating to stalking and harassment (including malicious communications, nuisance and family law) and provides a detailed discussion of the Protection from Harassment Act 1997 and Part IV of the Family Law Act 1996. The Press Complaints Commission Code and Broadcasting Standards Commission Code on Privacy are also included in full.
Written by practising barristers with considerable experience of acting for victims of harassment, with a chapter on the psychology of stalking by Dr Richard Badcock and a foreword by Diana Lamplugh, OBE, of The Suzy Lamplugh Trust, The Law of Harassment and Stalking is an invaluable guide to this complex and broad area of the law.
In 1986 1 had only heard the word 'stalking' applied to hunting deer or a dog walking softly with determination after a rabbit; prowling referred to big wild cats with lethal intent and their domestic cousins creeping towards the young unwary bird. In 1986 1 had never even contemplated that the word 'stalking' could describe the actions of one person to another. It was nearly ten years later that I suddenly understood - with a very nasty jolt and chilling clarity - and then it was too late.
I never paid much attention when my 25-year-old daughter Suzy talked of a man who kept sending her far too many bunches of flowers, who plagued her with phone calls and pestered her to go out with him. I just dismissed him as yet another suitor chasing a very lovely, lively girl who sat in the window of a Fulham estate agent, a position designed to attract new business and potential male clients.
Indeed, in those far-off, innocent, days it never occurred to any of us to consider this man as an active threat to Suzy, even when she suddenly went missing during one beautiful summer's working day after showing a client round a house. Shock clears the brain of rational thought. However, even when we were beginning to have to accept that Suzy had been murdered, we never considered that a man who appeared to be chasing her as a potential boyfriend might be the man who had killed her. It took sometime to recall this 'outsider' and to tell the police, realising by then that any detail might count.
Suzy had a wide and interesting group of friends, who enjoyed both their work and their leisure time: windsurfing, skiing and tennis all played prominent roles in their 3aily activities. They were healthy and seemed full of laughter. They were streetwise and confident.
After Suzy disappeared we set up a trust specialising in her name to campaign and educate people on aspects of personal safety. Our aim was to enable everyone to live safer lives through research and positive informed action: training, education, practical resources, raising awareness of issues and campaigning for changes in the law when necessary.
From 1995 the Trust became increasingly aware of the problems suffered by victims of `stalkers' through calls from people desperate for help. There appeared to be no pattern to the problems these victims were facing and few answers: almost all of the information available was only anecdotal and there was no empirical knowledge of the subject in the United Kingdom. Research has always been my baseline. Is the problem real? How many people are affected? Did the problem affect only celebrities or were ordinary people affected as well?
It was the contact made by two dedicated officers from Hampshire Constabulary who were in charge of the Tracey Morgan case which convinced me that the existing law was quite inadequate to deal with the scale of the problem. It was these two officers and Tracey herself who encouraged the Trust, as an independent body, to launch a campaign to call for specific anti-stalking laws.
I was still sceptical. Was this really a personal safety issue? One summer's day I found myself sitting by the Thames with these two police officers before taking part in a television programme about the Tracey Morgan case. As they talked about the harassment which Tracey Morgan had had to endure I suddenly felt icy cold. I remembered that Suzy had referred to her pursuer as 'scary'. I realised that she had been a victim of 'stalking'' and that this behaviour - this cold, obsessive form of torture - could become deadly. I knew then that I might have been able to save my daughter had I been aware of this earlier. Though I could not help her now I was convinced that action must be taken to help others.
In 1995 the Trust started to campaign for a new law to protect the victims of stalkers. The Association of Chief Police Officers (ACPO) was most supportive and undertook a useful survey of each force. In early 1996 the Police Federation gave its whole-hearted backing to the campaign.
The then Home Secretary agreed that a law needed to be implemented and the Protection from Harassment Bill was drafted to deal with stalking. The Labour Party introduced a Stalking Bill under the ten-minute rule in early 1996. The second reading of this Bill was blocked from the House of Commons but reintroduced in the House of Lords. However on 28 June 1996 it was defeated by the government, which considered the Bill unworkable. A Stalking Bill for Scotland was presented to the House of Commons on 16 May 1996 but defeated on 12 July 1996.
On 18 October 1996 the Suzy Lamplugh Trust ran a conference to discuss the proposed new anti-stalking laws. The Home Office Minister, the Rt Hon David Maclean MP, announced details there of the Home Secretary's proposed new stalking laws. Those proposals were discussed during the course of the day by a range of experts (including a number of people being stalked or who had been stalked). Results of these discussions were submitted to the Home Office so that these views could be incorporated into the final laws.
The Protection from Harassment Act is the government Act which resulted from those proposals and submissions. It was introduced in the House of Commons on 16 June 1997. Its final provisions, dealing with the way in which a civil injunction is dealt with if breached, finally came into effect on 1 September 1998.
In March 1997 the Trust called a meeting with representatives from the Prison Service, the police, the Probation Service, experts on stalking psychology and victims of stalking, to discuss the potential problems which might arise when stalkers were placed in custody, such as stalking from prison either by using the telephone or through prisoners stalking each other's victims after release. These points and potential threats are still being actively considered.
The passing of the Protection from Harassment Act 1997 was a great victory for those of us who want to see an end to stalking. However, the Trust remains concerned that the Act is still not being properly enforced or providing effective protection to those who need it, the victims. There is clearly still a great deal of ignorance about the Act and about the effect of stalking on its victims. It is, therefore, with delight and some relief that I welcome this book, which seeks to set out the relevant law, including, in particular, the effect of the 1997 Act. It has been well researched and written by the two authors. I can only hope that it will help not only lawyers but also judges, magistrates and the police to improve their
understanding and use of this Act and so provide better protection to the victims of stalkers. We recommend that it is read by everyone who cares about stalking. After all, none of us is immune from this indiscriminate and destructive crime, not even lawyers.
Diana Lamplugh OBE
Director, The Suzy Lamplugh Trust
The Police in the Civil Court
Author: Richard Perks
Publication Date: May 2003
Publisher's Title Information
The number of civil actions brought against the police increases every year as the public becomes more aware of their right as new causes of action and case law develops. This balanced, up-to-date and comprehensive guide covers false imprisonment and malicious prosecution for which jury trial is conducted, and a range of other actions including malicious process, assault, negligence, wrongful interference with goods, trespass, infringement of privacy and actions relating to data protection and retention of samples. The substantive and procedural aspects of each of these actions are set out with particular emphasis on civil jury trial procedure. A wealth of practical and tactical advice given from a highly experienced specialist practitioner on both pre-trial and at trial issues including disclosure from the police, case management conferences and drafting questions for juries. Issues concerning police powers and human rights are also raised. Solicitors, civil and criminal barristers and police forces will find this good value product particularly useful.
Part of the Preface
"It is a bedrock of our liberties that a citizen's freedom of person and of movement is inviolable except where the law unequivocally gives the state power to restrict it."
Hephurn v Chief Constable of Thames Valley Police  All ER (D) 214 (Dec)  EWCA Civ 1841 (Sedley LJ).
Many areas of civil law attract so much public attention as actions against the police. Few areas of civil law give rise to so many claims. It is, therefore, extraordinary that there is no current textbook on the subject.
This work aims to describe the present state of the law. It does not seek to set forth the history of any topic, save to the extent necessary to understand its current state of development. It does not consider certain areas, such as complaints against the police, or terrorism, and avoids subjects better covered in other works, such as the employment relationship between constables and their chief officer. At the time of preparation, I anticipated that the Human Rights Act would play a much larger part than has occurred. It is a tribute to our common law that its ancient remedies still serve so well today.
The work attempts to follow a chronological order, following the course of a stop and search, an arrest, search and seizure, detention, and prosecution. The increasingly contentious subjects of negligence and misfeasance are then considered, before the litigation process is examined. The book is intended to provide a practical guide, to law and procedure, for all those involved in the progress and resolution of actions. I have referred to judges as ‘he’, and to advocates as ‘counsel’. This is a form of shorthand, and is not intended to slight any member of the legal profession. There is, I hope, no political comment or apparent preference for claimant or defendant.
21 February 2003
Licensed Premises: Law & Practice
Edition: 1st 2004
Author: Philip Kolvin
Publishers: Tottel Publishing
Price £85 RRP UK
Publication Date: 2004
Publishers Information on the book
In Licensed Premises: Law and Practice Philip Kolvin has assembled over 30 leading practitioners from the public, private, legal and academic sectors to produce the first modern text on the management of the night time economy.
Coinciding with the implementation of the Licensing Act 2003, there is a detailed exposition of the new law and the regulatory context in which it will be practised, with original thinking about the licensing authority itself, policy, consultation, the licensing objectives, the use of conditions, closure, human rights, appeals and judicial review.
The book argues for a strategic approach, showing how licensing is part of a larger web of control of the night time economy, with interlocking contributions from experts in the fields of planning, noise, policing, door supervision, health and safety and local government strategy. It sets out standards for the leisure industry, arguing that good practice involves a multi-agency, multi-disciplinary and multi-targeted approach, harmonising the use of legal, regulatory and voluntary measures.
From the end of 2005 our existing archaic licensing legislation will be swept aside and replaced. The fixed 11pm call of "time at the bar" will become a thing of the past and people will have more choice about how they spend their leisure time.
This represents the most radical shake up of our licensing laws in 40 years.
Underpinning the new system are four crucial objectives: the prevention of crime and disorder, public safety, the prevention of public nuisance and the protection of children from harm.
Six regimes will be turned into one, which will be the responsibility of one local, accountable authority - a licensing authority. They will licence the sale of alcohol, the supply of alcohol by clubs, the provision of regulated entertainment and the provision of late night refreshment. This will cut out significant amounts of red tape at a stroke.
The new system will give authorities a range of powers to tackle venues where the law is flouted, where problems are occurring or if the local community is being disrupted. The current system provides only two options - either do nothing or revoke the licence.
Local businesses and residents will be among those who will be able to ask for a review of a licence, which could result in its suspension or revocation. In addition, local businesses and local residents can have their say on many applications, giving the local community more opportunity than ever before to have their say in the licensing decisions that affect them.
Each licensing authority has drawn up their own policy which will complement the local authority's wider strategy to prevent crime and disorder, as well as looking at the impact on transport, regeneration and tourism.
As we approach full implementation of the Act it remains important that all parties concerned with its practice and its administration - industry, licensing authorities, the police and other responsible authorities - continue to work closely together. The adoption of consistent professional standards is vital to the success of the new system.
Publications, such as this one, make an important contribution to the development of good practice and partnership working under the new regime.
Tessa Jowell, Secretary of State for Culture, Media and Sport
"A tavern chair is the throne of human felicity".
The Licensing Act 2003 is one of the largest revamps in our licensing laws for half a millennium, but the arguments surrounding it are no different to those which have been debated in Parliament and pubs, with varying degrees of eloquence, for centuries. Individual Liberty v Collective Restraint; Personal Responsibility v State Control; Pleasure for the Masses v the Demon Drink; Free Trade v Temperance; National Rules v Local Democracy; Licensing as Regulator of the Public or Merely the Private Realm? The outcome of such debates is neither certain, universal nor permanent, for which reason the pendulum has frequently swung towards greater or lesser regulation. On 7th February 2005, the pendulum will swing once again.
This book proceeds from the notion that those who learn nothing from history are destined to repeat it. Its main thesis is that licensing is a matter for local control depending on what is necessary in an individual case to promote the licensing objectives. That aim is easier to state than to attain. It is essential to build evidential data-bases, locally and nationally, to identify the problems and test the solutions, as a foundation for the formulation of policy and individual decision-making. It is time to articulate clear standards and to revise them in the light of experience. It is time to cease licensing control based on political proclivity, whim, well-meaning guesswork or amorphous concepts such as "saturation" and "binge drinking."
The book calls for a new approach on the part of statutory and non-statutory stakeholders. Licensing is not a free-standing discipline, but part of a complex web of regulation of (principally) the night time economy. Licensing authorities should not stop at regulation, but must play their part in recognising their potential as agents of positive change - harnessing industry innovations and investment to the wider social agenda of the in community in terms of regeneration, tourism, transportation and employment. So they must look beyond their departmental walls and work in tandem with other agencies in the town hall. More than that, they must promote partnership across civil society, involving other statutory agencies, and the business and residential community in working to create a thriving, yet peaceful night-time economy.
In this book, of course we describe the new law. We also set out some lessons from history, other regimes and international experience generally. We describe the professional disciplines which bear on the management of the night time economy, outline the partnerships necessary to make it work, and articulate the standards to which both industry and the statutory agencies should aspire.
We hope that the book is read by all those whose job brings them into contact with the new regime. Operators need a clear understanding of modern standards so as to reflect them in their operating schedules. Police and other regulatory authorities need such understanding so as to decide whether to make representations. Councillors and magistrates require the same understanding so as to decide whether particular conditions are necessary to promote the licensing objectives. But more than ever, the industry, working hand in hand with other stakeholders, needs to forge common approaches based on accepted standards beyond the coercive reach of licensing control. We hope that this book will assist in developing a language for communication.
In that the book is opinionated, we expect it to be criticised. If it provokes no debate, it will have failed. Any standards it articulates are suggested without the experience of the new regime actually in operation. We therefore consider this to be work in progress. Successive editions will benefit from our growing understanding, remembering the old cowboy adage that good judgment comes from experience, and experience comes from bad judgment.
We have aimed to have this book on the shelves in time for the First Appointed Day, 7th February 2005. We have therefore had to go to print before the procedural and fees regulations are finalised. The law is stated as at 31st August 2004, but subsequent material has been incorporated wherever possible.
Philip Kolvin Grays Inn November 2004
Philip Kolvin, a barrister, writer and lecturer, is head of the licensing team at the Chambers of Anthony Porten QC, 2-3 Grays Inn Square, London, and Chairman of the Institute of Licensing.
This is a massive tome for a massive subject. To put it together so quickly, and in such style, must have meant much burning of midnight oil. There will be many diverse individuals who will be pleased that somebody had the courage to pick up the cudgels and produce this weighty volume.
The foreword says the new licensing arrangements represents the biggest shake up of the subject for 40 years. The Preface increases that period by a decade. Both are in a way correct with the Licensing Act 1953 consolidating some of the previous law and 1964 producing a new Licensing Act which is now passing into history. Since that time society has changed out of all recognition and various attempts made to deal with the change in drinking habits which the increasing wealth of the nation made possible. One only has to recall the space and range accorded to alcohol on supermarket shelves two or three decades ago and compare them with the vast array of products available there today.
The new legislation does not only deal with alcohol related issues, although no doubt that will be by far the most important aspect of the Act, but also with regulated entertainment such as plays, films and indoor sporting events and the provision of late night refreshment establishments which are all caught and classified as licensable activities. The whole range of such activities will require various forms of licensing by the local authority thus removing the control, in the majority of instances, from the Magistrates' Courts to the Town Hall and bringing all such activities under one roof. Whether this new legislation can be assimilated by Town Hall staffing levels may well turn out to be the first of many problems that will have to be faced during its gestation period.
The book endeavours to present the before and after issues of these complex matters and in the Preface recognises the expectations that the contents will be criticised. The reviewer finds it hard to say anything harsh about the comment as to what’s gone before, indeed the historical pages are first class and the progress of legislation is admirably dealt with. It would be a brave person who sets out at this early stage to criticise this new Act. It is not just consolidating what has gone before, but rather producing a completely new concept. New ground is being trodden and as always, it will be for the judges to interpret what the draftsman has penned. The licensing trade is a powerful body stretching into all quarters of commerce and where profit is a motive, one can expect words to be fought over at an early stage, because of the financial implications. The editor, and the formidable list of contributors, have done a wonderful job setting out what is already known about this complicated subject, but to expect anyone to know what the future holds is surely stretching the imagination beyond incredulity. Even the Government is not at all sure where it is going with the Minister responsible having just ordered a three month review of the working of the legislation. To kickstart this entirely new system will be a hard enough task, but to then expect sufficient evidence to be available within three months does not seem to this reviewer to be a very good idea. Let us hope that central Government will not embark on a succession of forms and returns soon after 24th November and then lose them in a sea of bureaucracy for well beyond the proposed period. Such a review does seems to indicate that some doubt exists regarding the legislation and one can only hope that it does not lead to knee-jerk amendments that will not achieve the desired result. So the message must be, await events, there may be problems arising that over a comparatively short period of time will resolve themselves. To the editor this reviewer would say, do not fear criticism because it will probably never arrive.
Appendix 12 sets out the complete Licensing Act 2003 and the 12 other appendices provide useful information. As usual with new legislation, detailed guidance on all the aspects of the new law is issued by the relevant Government Department. In this case that relating to Culture, Media and Sport and anyone having responsibility under the Act would do well to read and digest the contents of Appendix 13.
This work goes far to explain the many new definitions that will now apply to licensed premises and those responsible for maintaining law and order in such establishments. No longer will a Bench of Magistrates have to ponder over whether the christening of an addition to the family should be classed as a Special Occasion warranting an addition to the licensing hours, but instead local Councillors might well have to ponder what constitutes an indoor sport.
There will be much thumbing of this tome, which is more than a text book, and the need will be to look back, and then endeavour to predict the future, because attitudes have already changed, particularly about the consumption of alcohol, since this new legislation was proposed. Whereas 24 hour drinking looked like becoming an acceptable part of our way of life, moods altered and the idea that we might adopt a continental style of having a quiet late night drink on the pavement on a warm summer's evening appears to be rather less acceptable now that binge drinking and the yob culture have altered peoples’ perceptions. The reviewer has for many years been of the opinion that alcohol and the problems it presents have wrongly occupied second place to drugs. Both are anti social, but alcohol affects many more people and causes so many more deaths than drugs. Often the two are combined, but again drugs are seen as occupying the predominant position. The need might be to eventually link both substances within one consolidating piece of legislation.
How exactly this new legislation will operate is difficult to determine. In the reviewer's opinion provided things are left to find their own level the economics of providing staff and maintaining good standards of hygiene and comfort will ensure that premises fulfil their legislative requirements and any apprehensions there may be will disappear. If the reviewer is wrong then it will be to this volume that any protester may turn with confidence to find the answer.
9th October 2005
Licensed Premises: Law & Practice
Supplement ISBN 1845922894
Supplement ISBN 1845922894Price: £18
In this rapidly developing field, as well as a general update of the law, this supplement contains:
A detailed critique of the seminal decision in Canterbury City Council and its
implications for the second generation of licensing policies.
An updated appraisal of the Government's "later hours" policy, and the impending review of national Guidance.
In depth commentary on the Hearing Regulations.
A full account of the new fire safety law, with its radical implications for licensing.
The latest debates on policy, such as smoking, minimum pricing, paid for policing and alcohol disorder zones.
BEDA's new dispersal policy for lessening night time nuisance and disorder.
Further information on embedded restrictions. The Regulations.
Reviews of Philip Kolvin's Licensed Premises: Law and Practice
"...a clear exposition of the framework of the new law. Recommended reading..." Solicitors Journal
"...extremely helpful and accessible detail. This book is a sizeable achievement" New Law Journal
"For anyone into licensing law, it's a must" Morning Advertiser
"Comprehensive, illuminating and on many occasions thought provoking...
a joy to read... its assistance to the busy practitioner cannot be underestimated" Public Health Law
"Of considerable value to those involved in the new licensing system" Licensing Review
"...the most extensively researched practical guide on managing the night time economy and licensed premises"
"This book should be. mandatory reading for anyone involved in the theory
or practice of licensing law" Scottish Licensing Law and Practice
Prisoners and The Law
Author: Simon Creighton, Vicky King & Hamish Arnott
Price: £58 RRP UK
Publication Date: 2005
Reviews of the first edition have said of it:
"As this clear and exhaustive book becomes widely relied upon, it should significantly enhance the depth of professional knowledge and expertise in the field."
"...it is without doubt the single most important practical legal textbook on prisons to be published in the last 20 years."
From the Preface
It has been over four years since this book was last updated and during that time the prison population has risen to an unprecedented high. The trend looks set to continue, with the two main political parties competing to be tough on crime, the use of indeterminate sentences spiralling and overall sentence lengths increasing with each expression of concern at crime rates.
The unhappy consequence of the ever-rising prison population is an inevitable decline in the quality of regimes offered to prisoners. The practical effects for prisoners can be seen in the reports prepared by the Chief Inspector of Prisons which contain a seemingly never-ending catalogue of concerns about the prison estate. During August 2004, the highest ever monthly number of apparently self-inflicted deaths in custody occurred and, overall, the statistics for prison deaths and self harm make depressing reading.
Since the first edition of Prisoners and the Law was published, the notion that prison law constitutes a discrete area of legal practice and study has continued to grow. Many undergraduate law programmes now include options on prison law and there is an increasing interest in the area from criminal practitioners seeking to provide a service to their clients after conviction. Despite this, there remains no professional accreditation for prison lawyers and so it can be difficult for prisoners to make informed choices about their representation. It is to be hoped that this is a problem that will be addressed in the future to ensure that prisoners can have the same confidence in_ their choice of legal representation as the rest of the public.
Unfortunately, the depressing state of our prisons seems to generate little interest in the wider public and, with politicians committed to being tough on crime, it is difficult to see any voices that can reshape the moral tone of the debate. At one stage it had been hoped that the enactment of the Human Rights Act would help create a culture which was more respectful and tolerant of universal rights. However, as the only mechanism available to create that culture has been legal action, it is perhaps unsurprising that this has not happened. As lawyers, the current climate makes prison law a difficult area in which to practise and it seems that this has affected the courts, which express little interest in looking beyond short-term political expediency in reaching decisions on prisoners' cases, rather than adopting a more enlightened approach to basic human rights principles. Increasingly, it seems that prisoners are once more having to take their arguments to the European Court of Human Rights in Strasbourg in order to obtain principled decisions.
We hope that the third edition of this book will continue to provide a helpful source of information not only to lawyers but also to prisoners and anyone working with people in custody. In compiling this edition, we wish to pay particular thanks to the staff at the Prisoners' Advice Service, who continue to provide an unstinting service, not just in advising prisoners but in promoting awareness and disseminating information about prison issues. We are particularly grateful to those members of PAS staff who have ploughed through the many updates and changes to prison legislation and policy in order to contribute directly to this edition.
Simon Creighton Vicky King Hamish Arnott
16 September 2004