The Law of Harassment and Stalking
Edition: 1st PB
Authors: Paul Infield &
Graham Platford
ISBN: 9781845927110
Publishers: Tottel
Publishing
Price: £78
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.
Foreword
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
ISBN:
1845926243
Publishers:
Tottel
Price
£94
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 [2002] All ER (D) 214 (Dec) [2002]
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
Richard
Perks
Licensed
Premises: Law & Practice
Edition:
1st 2004
Author:
Philip Kolvin
ISBN:
1-845922917
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.
Foreword
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
Preface
"A
tavern chair is the throne of human felicity".
Samuel
Johnson
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.
Brian
Rowland
9th
October 2005
Licensed
Premises: Law & Practice
Supplement
ISBN 1845922894
Supplement
ISBN 1845922894
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"
Licensing
News
"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
Edition: 3rd
Author: Simon Creighton, Vicky King & Hamish Arnott
ISBN: 1845920029
Publishers Tottel
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."
Criminal Justice
"...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