Yet another knife in the face of the rule of law is proposed in England and Wales, to deal with the problem of stalking.
The Home Secretary, Amber Rudd, appears to be pleased with the proposals.
New stalking protection orders will be introduced to better protect victims at the earliest possible stage, the home secretary has announced.
Amber Rudd called it “a practical solution to a crime taking place now”.
A closer inspection of the proposals reveals a familiar tactic, imposing a court order on someone who has not been convicted of any crime, and making a breach of that order a crime. This has already been in place since the Protection From Harassment Act 1997 was brought in, which was, IIRC, supposed to have dealt with this problem.
And look at the box of tricks that the State is offering:
The orders in England and Wales will help those who are targeted by strangers, giving them similar protection to domestic abuse victims.
Breaching an order’s conditions will be a criminal offence with a maximum sentence of five years in jail.
Police will be able to apply to the courts for an order before a stalking suspect has been convicted or even arrested.
The requirements of the order will vary according to the nature of the case. Typically, the suspect will be banned from going near the victim and contacting them online.
So no need to even arrest someone, just dump an order on them, and that will be a good start. But there’e more, all very Soviet if you ask me.
They might also be ordered to attend a rehabilitation programme, or undergo treatment if they have a mental health problem.
So without so much as a chance to argue your case, you could find yourself ordered to undergo treatment, and risk 5 years in jail if you refuse.
Not that it is much better that this could perhaps only follow a conviction.
So what do the police think?
The National Police Chiefs’ Council’s lead for stalking and harassment, Assistant Chief Constable Garry Shewan, said:”We want to stop stalkers in their tracks.
“The launch of stalking protection orders will help us intervene earlier and place controls on perpetrators to prevent their behaviour escalating while the crime is investigated.”
Not, I note ‘We want to bring suspects before the courts if the evidence justifies arrest, charge and a realistic prospect of conviction in a situation where it is in the public interest to prosecute, even though prosecution is a matter for the Crown, not the police.’, which would be a bare minimum of respect for the rule of law. But clearly not a shoot-to-kill to ‘stop stalkers in their tracks‘.
And what do the ‘charities’ think?
Rachel Griffin, director of the Suzy Lamplugh Trust which manages the National Stalking Helpline, welcomed the announcement.
“We are really excited that the order allows positive obligations to be put on a stalker,” Ms Griffin said.
“But of course that mental health treatment needs to be available at local level.”
This ‘trust’ is named for a murdered estate agent. I don’t see how killing the rule of law is an appropriate memorial to her. And did you note the sly hint that (State) funding is important?
And on what pretext is the rule of law being sacrificed, with a dagger in the chest for the beating heart to be pulled out and eaten warm?
Stalking protection orders form part of a package of government action to coincide with 16 days of action following the 25 November International Day for Elimination of Violence Against Women.
How about the elimination of violence against the rule of law?