LEGISLATIVE “gaps” mean that stalking and harassment offences have “not been particularly well prosecuted” in the past, the Home Affairs Minister has said.
Deputy Mary Le Hegarat lodged a package of five new laws earlier this month which aim to to address crimes associated with violence against women and girls.
As part of that, the Draft Harassment and Stalking (Jersey) Law would formally introduce stalking as a standalone offence for the first time, replacing the existing catch-all harassment law.
Speaking to the Children, Education and Home Affairs Secrutiny Panel yesterday, Deputy Le Hegarat explained that this change hopes to address what she described as a “gap” in current legislation.
“People get confused about what’s harassment and what’s stalking, and the differences between each,” the minister said.
“I think it’s quite important that we’ve got specific legislation for it because, in the past, it’s not something that’s been particularly well prosecuted.”
States police chief Robin Smith added: “As has already been alluded to, we’ve probably looked to shoehorn it into other legislation, which is is out of date for modern society.”
But he acknowleged that these legislative reforms will increase demand on States police.
Earlier this month, the JEP reported that Jersey could see up to 270 additional crimes recorded every year if the package of five new laws tackling violence against women and girls is approved.
Yesterday, Mr Smith told the panel: “Alongside a number of the other bits of legislation that have been proposed, that means more demand in terms of more crime being reported to us.
“And it’s not just people, it’s technical equipment, because most of the evidence we find on stalking and harassment will probably be on someone’s phone.”
He noted that there has been a 27% increase in crime related to violence against women and girls in the past three years. For rape and serious sex offences, 40% of that increase is historic – which Mr Smith said makes it “harder to investigate”.
“Witnesses’ memories fades and physical evidence is unlikely to be available,” he explained.
Nathan Fox, the government’s head of justice policy, noted that demand on the courts is “another factor” to consider when bringing in new stalking and harassment legislation.
“When you bring in the stalking and harassment law, you bring in stalking protection orders,” he explained.
“They are operated in the first instance by the Magistrate’s Court and, on appeal, by the Royal Court.
“Courts in Jersey have never been asked to make conviction orders like this before, and frankly, they’ve all been extremely helpful and reasonable about the fact that we’re going to introduce new operational needs to them.
“But I don’t currently have a timeline for their development of the necessary criminal procedure rules and rules of court practice directions.”
Mr Fox explained that courts in Jersey are “particularly constrained”.
“For instance, in the Magistrates’ Courts in the UK, you can shut down one in five for training.
“But of course, here, because you have one of everything, you have scheduling issues and other issues.
“I haven’t prepared with a conversation with them to give any timeline on their operation of that, but we have to remember that that’s also a factor.”
