Crime and intelligence - Stalking and harassment policy (N14)

1. Summary of changes

1.1 This policy has been reviewed in March 2023 and the following amendments made:

• paragraph 2.3 added. 

2. What this policy is about

2.1 Harassment and stalking are crimes of persistence that adversely affect all sections of society. The impact on the quality of life for those affected by harassment or stalking can be devastating. It can affect a person's self-esteem, their mental and physical well-being, and their perceived safety in their everyday life. It can be perpetrated by any gender and be directed towards any gender.

2.2 This policy and linked SOP will ensure that Kent Police deal with all allegations of harassment or stalking effectively and in accordance with current legislation, College of Policing (CoP) Authorised Professional Practice (APP) and recognised national guidance. It is paramount that the safety of victims and witnesses is prioritised, and the best possible evidence produced in investigation to secure a positive prosecution outcome and the continued safety of the victim.

2.3 Police investigations should be focussed on the suspects offending history, known intelligence, behaviours and actions before during and after the offence. Throughout the life of the investigation, from initial response to support through the court process, a suspect focussed approach must be taken by all officers and staff.

2.4 The purpose of this policy is to ensure the protection of people from the harm caused by harassment and stalking. It is intended to complement 'threats to life' policy and 'domestic abuse' policy, but in no way supersede them.

Compliance with this policy and any linked SOPs is mandatory.

3. Statement of policy

3.1. Kent Police is committed to providing a first class service putting victims and witnesses at the heart of every investigation and ‘doing the right thing’ in line with the Mission, Vision, Values and Priorities (MVVP) of the force. Kent Police will investigate all reports of harassment or stalking with understanding and respect for the victim’s needs. In doing so we will work with our partners and victim advocacy groups, to provide vulnerable and intimidated victims an enhanced level of support.

3.2 The priorities of Kent Police in responding to reports of harassment or stalking are to:

1. protect the lives and preserve the safety of all victims and others who may be at risk as a result of harassment or stalking
2. accurately identify, risk manage and effectively investigate all reports of harassment or stalking in accordance with the expected standards set by the force (link to N26)
3. facilitate appropriate action against offenders including, where appropriate, the application of protection orders, so that they can be held accountable through the criminal justice system
4. adopt a proactive, informed and multi-agency approach to preventing harassment or stalking

3.3 While there is no specific legal definition of stalking, existing advice and the 2018 National Police Chiefs’ Council and Crown Prosecution Service (CPS) protocol on the appropriate handling of stalking or harassment offences, use the following description to better understand stalking:

a pattern of unwanted, fixated and obsessive behaviour which is intrusive. It can include harassment that amounts to stalking, or stalking that causes fear of violence or serious alarm or distress. Think stalking first, using the mnemonic FOUR: Fixated, Obsessive, Unwanted and Repeated.

3.4 Harassment is a crime involving behaviour that takes place more than once, and the perpetrator’s actions must have an unwanted effect on the victim. Under the Protection from Harassment Act 1997, it is an offence for a person to pursue a course of conduct that amounts to harassment of another person, and that they know (or ought to know) amounts to harassment. A course of conduct is where an act of harassment has occurred on at least two occasions.

3.5 This policy, the linked SOP (that includes the latest CoP advice for investigators on the effective investigation of stalking or harassment), and the supportive working practices and policies, provide officers and staff with direction and clarity on how Kent Police responds to reports of harassment or stalking.

4. Implications of the policy

4.1. Finance/staffing/other

Protection from harassment and stalking requires staff to have adequate knowledge and training to assess risk and implement control strategies. The training of front-line staff, investigators, supervisors and FCR operators, requires regular review by Kent Police to ensure these requirements are met.

5. Monitoring and review

5.1. This policy should be reviewed every two years with the next review scheduled for March 2025. The review will take account of changes in legislation and working practices, as well as consultation with relevant internal departments and external agencies.

6. Other source documents

None listed.

7. Security

7.1. Kent Police has measures in place to protect the security of data in accordance with our Information Management policy (Policy W1000 - Information Management).

8. Retention and disposal of records

8.1. Kent Police will hold data in accordance with our Records Review, Retention and Disposal policy (Policy W1012 - Records Review, Retention and Disposal).