Stalking and Harassment Policy

1. Statement of Policy

The aim of this policy is to ensure that Dyfed-Powys Police has a consistent and

professional approach to policing incidents of Stalking and Harassment, in line with the College of Policing Authorised Professional Practice for Stalking and Harassment which sets out principles and standards to follow.

The Dyfed-Powys policy will wholly reflect the “Protocol on the appropriate handling of stalking or harassment offences between the National Police Chiefs’ Council and the Crown Prosecution Service” (CPS). Operational guidance will be provided in the “Dyfed-Powys Police process” guide held on the force intranet site PVP guidance documents.

AIMS:

• Achieve improved and consistent performance in the identification, investigation and prosecution of stalking or harassment cases;
• Ensure a robust and appropriate criminal justice response to stalking or harassment;
• Establish early and effective liaison between the police and CPS in stalking cases;
• To improve the service to victims of stalking or harassment;
• Increase public confidence more widely in the ability of the Criminal Justice System (CJS) to deal with stalking or harassment cases; and
• To reflect the College of Policing’s Authorised Professional Practice and CPS policy.

Applies (but not limited) to: All categories of Dyfed-Powys Police officers and staff, whether full-time, part-time, permanent, fixed term, temporary (including agency staff, associates and contractors), seconded staff and volunteers. Police Officers, staff and volunteers accessing and using Force assets and property must have due regard to the contents of this policy.

2. Policy Scope

The commitment to end Stalking and Harassment is embedded in the Cross-Government Ending Violence against Women and Girls (VAWG) Strategy. The strategy is underpinned by effective partnership working at both a local and national level. The successful prosecution of these cases and safeguarding of those victims involved relies on strong and collaborative partnership working between the police and prosecutors.

The VAWG approach recognises that victims of stalking are disproportionally female. Although Dyfed-Powys Police recognise that this offending type is not exclusive to a single gender type with this policy being applicable to all. The approach acknowledges VAWG as a fundamental abuse of human rights and women’s rights. The UK government has signed and ratified the United Nation’s call to all states to prevent and respond to violence against women and girls. In February 2023, the Home Office classified VAWG for the first time as a national threat to public safety and made it part of the Strategic Policing Requirement (SPR). This means that police forces prioritise their responses to VAWG as they do terrorism and serious and organised crime. Stalking and Harassment has been identified as one of the five critical threats to women and girls within the VAWG Policing Statement.  The police and CPS are committed to all victims of crimes grouped together as ‘VAWG’ and to that end, are inclusive in their approach. All VAWG policies are applied fairly and equitably to all suspects and victims of crime – irrespective of their gender. The CPS Public Statement on male victims is relevant to this Protocol.  

Chief Constables have overall responsibility for the investigation of alleged criminal activity in their individual force area.

The CPS is the principal prosecuting authority dealing with criminal prosecutions in England and Wales.  The CPS is fully committed to prosecuting fairly and effectively all those who carry out harassment or stalking behaviour.

Policing and its partners should ensure that offences of Stalking are always treated seriously.

The safety of victims is paramount. Failure to identify and robustly deal with harassment or stalking behaviour at the earliest opportunity allows suspects to continue their behaviour. This may leave victims exposed to escalating risk, including sexual assault and homicide. The risks to victims must therefore be carefully considered in these cases. This is not only in respect to the direct risk from the suspects to the victims, but also regarding anyone connected to victims, such as their children and dependents, family members and friends.

Dyfed-Powys Police will use Stalking Surveys to measure and better understand victim satisfaction.

Dyfed-Powys Police recognise that stalking is considered a High-Risk crime type. The true risk to the victim is often masked by the appearance of low-level offending behaviours.

Dyfed-Powys Police will use the 8 stages of Homicide academic research as a principle for understanding the risk and the time investment toolkit to establish the hidden time that perpetrators invest in committing such offences.

Dyfed-Powys Police recognise that it is critical that we identify stalking behaviours and as such we will consider all harassment and malicious communications cases for stalking behaviours.

Incidents of stalking within a domestic setting receive an enhanced multiagency response as set out in the force MARAC protocol. When stalking cases fall outside of the domestic setting, they will all receive the consideration of specialist officers and where necessary partnership responses will be established on a case-by-case basis.

Dyfed-Powys Police will follow the principles of the force crime recording and allocation policy when considering ownership of all Stalking or Harassment investigations. Due to the complex nature of behavioural crimes the Force will ensure that there is a network of specialist officers and peers support to offer guidance where necessary.

Dyfed-Powys Police will take a proactive position when seeking to bring offenders to justice. In every case we will undertake evidence led investigation and where the evidence thresholds are met we will seek to work in partnership with the CPS to bring perpetrators to justice.

Where stalking is identified a risk management plan will be established in every case. Risk management plans will maximise the use of orders to restrict the activities of the perpetrator and protect the victim. Dyfed-Powys Police will not produce generic orders, but each order will be tailored to the specific requirements of the risk management plan. Where appropriate our partnership arrangements for the management of offenders will be utilised.

Dyfed-Powys Police will be proactive in seeking the rehabilitation of offenders using perpetrator programmes where assessment by service providers deem it appropriate and safe to do so.

Definitions

• Stalking

Stalking is not legally defined but section 2A (3) of the Protection from Harassment Act (PHA)1997 lists several examples of behaviours associated with stalking. The list is not an exhaustive one but gives an indication of the types of behaviour that may be displayed in a stalking offence. The listed behaviours are:

(a) following a person,

(b) contacting, or attempting to contact, a person by any means,

(c) publishing any statement or other material relating or purporting to relate to a person, or purporting to originate from a person,

(d) monitoring the use by a person of the internet, email, or any other form of electronic communication,

(e) loitering in any place (whether public or private),

(f) interfering with any property in the possession of a person,

(g) watching or spying on a person.

Harassment that includes one or more of the above features is not automatically stalking. The course of conduct, assessed in the round, must fit the generally received interpretation of the word 'stalking'.

The College of Policing assists further with guidance on differentiating between Stalking and Harassment providing three points of consideration including a practical pneumonic to be applied to the circumstance,   

− stalking will often focus on a person, whereas harassment will often focus on disputes,

 − is there evidence to suggest if the problem was resolved, the behaviour will stop? − consider the stalking mnemonic FOUR. Are the behaviours:

Fixated,

Obsessive,

Unwanted,

Repeated

• Harassment

Harassment as defined under the Protection from Harassment Act 1997 sets out two offences of harassment.

Section 2 offence - Harassment

The elements of the section 2 offence are:

• a course of conduct;
• which amounts to harassment of another; and
• which the defendant knows, or ought to know amounts to harassment of another.

Section 4A(1)(b)(ii) Offence - Stalking involving fear of violence or serious alarm or distress:

The elements of the section 4 offence are:

• A person (“A”) whose course of conduct—
• amounts to stalking, andeither—causes another (“B”) to fear, on at least two occasions, that violence will be used against “B”, orcauses “B” serious alarm or distress which has a substantial adverse effect on B's usual day-to-day activities,
• is guilty of an offence if “A” knows or ought to know that “A’s course of conduct will cause “B” so to fear on each of those occasions or (as the case may be) will cause such alarm or distress.
• “A” ought to know that “A’s course of conduct will cause “B” to fear that violence will be used against “B” on any occasion if a reasonable person in possession of the same information would think the course of conduct would cause “B” so to fear on that occasion.
• “A” ought to know that “A’s course of conduct will cause “B” serious alarm or distress which has a substantial adverse effect on B's usual day-to-day activities if a reasonable person in possession of the same information would think the course of conduct would cause B such alarm or distress.

3.  Powers and Policy/Legal Requirements

• Protection from Harassment Act 1997 (legislation.gov.uk)
• Stalking Protection Act 2019
• Crime and Security Act 2010
• Stalking or harassment | College of Policing APP
• Protocol on the appropriate handling of stalking or harassment
• Dyfed-Powys Police Domestic Abuse Policy
• crime-recording-rules-for-frontline-officers-and-staff-march2024.pdf (publishing.service.gov.uk)

 

4.  Options and Contingencies

Reporting

There are 5 ways in which to report stalking or harassment to the Police:

• Telephone report to the Force communications Centre (FCC).
• Online reports through Single Online Home or social media;
• Report to Public Enquiry Officer (PEO) at station.
• Report to frontline officers on patrol;
• Referral from partners into MARAC.

*Reports can be made directly by victims or on victims’ behalf via a third party.

Initial Response

• In all cases where there is a direct report to policing as the first point of contact a THRIVES assessment will be undertaken to establish the level of response required. In cases where there is an immediate risk identified response officers will provide an initial attendance and undertake an assessment.
• Where a Domestic Abuse (DA) related Stalking or Harassment is reported, a DA PPN assessment will be undertaken.
• If a non-DA Stalking or Harassment is reported, a Stalking or Harassment PPN assessment will be undertaken.
• It is the responsibility of the officer completing the risk assessment to establish an effective risk management plan which should be documented on the risk management plan template on Niche.
• In cases where the imminency of risk is considered low it may be appropriate for a slower time response that puts the needs of the victim at the centre of the decision making.
• The initial officer dealing should undertake the necessary investigative actions to capture evidence of the offending. This may be in contrary to the victims wishes however it is recognised that the quality of evidence diminishes over time and risk to the victim and wider public should be considered.
• PACE Code G and arrest powers should be considered as a means of maximising safeguarding and evidence gathering opportunities to include search and seizure of devices where appropriate.
• Officers should avoid advising victims to remove themselves from social media.
• If Stalking is cyber-enabled, the officer in the case (OIC) should ensure this method is recorded upon the crime.
• Safeguarding the victim will be paramount above all other action.

Safeguarding

• Initial safeguarding actions will be the responsibility of the officer in attendance.
• DA PPN’s will be reviewed by a specialist officer with an enhanced understanding of this area of risk. Stalking or Harassment PPNs will be reviewed by the Domestic Abuse and Stalking Perpetrator Co-Ordinator. For those cases that meet the required criteria, Domestic Abuse Officers will conduct a SASH assessment.
• In the case of Domestic Abuse, the force Domestic Abuse Policy will be followed.
• Where the matter is not deemed high risk through assessment long term ownership for safeguarding will remain with the Basic Command Unit (BCU)  to ensure risk management plans are in place and monitored as appropriate.
• Neighbourhood Policing and Prevention Teams (NPPTs) with enhanced knowledge of target hardening should be utilised to undertake assessments of the victim’s home address and other key locations such as place of work.
• In all cases consideration for referral to support agencies should be made. In the case of high-risk domestic incidents information sharing is covered within the MARAC Information Sharing Protocol.
• The use of orders such as the Stalking Protection Order and Domestic Violence Protection Order, should be considered from the outset as an effective tool to manage the risks posed by the perpetrator. Early engagement with Legal Services and/or the Civil Co-ordinator is recommended. The restrictions placed on any order should not restrict the victim from engaging in their normal day to day activities and should focus on mitigating the risks evident in the offender behaviour.
• Any breaches of orders should be treated as a continuation of Stalking behaviour and as such, is an escalation of risk. This should always be reflected as an increase in any risk assessment undertaken.
• The OIC has responsibility for assessing and managing the risk to the victim during an investigation.
• The OIC has responsibility for completing a Victim Needs Assessment with the victim and should refer them to appropriate support services where consent is obtained. The number of referrals to support services will be monitored monthly so that action can be taken if referral numbers are low.
• OIC’s should ensure victims are provided with the Victim Information Pack, which is bespoke to victims of both DA and Non-DA Stalking.

Dyfed-Powys Police will work with the Police and Crime Commissioner to ensure that support for victims of Stalking is in place.

SASH

What is SASH?

SASH is an acronym for Screening Assessment for Stalking and Harassment.  The SASH should only be used when there is evidence of a pattern of current stalking or harassment, that is, a pattern of repeated, unwanted communications or contacts that cause the target apprehension, distress or fear.  Stalking may have been continued for many months or even years, but for an episode to be current it must involve the stalker making unwanted intrusions in the six months prior to the assessment.  The SASH can be used for male and female perpetrators and regardless of whether stalker and victim are of different or the same gender.  

Level of Concern & Response: All SASH assessments regardless of whether DA/Non-DA, identified as HIGH/MODERATE concern will be the responsibility of the DAO to address safeguarding. If the level of concern is ‘LOW’, then the safeguarding responsibility will remain with the OIC. The DAO will not ordinarily review the RMP, however will be available for advice if sought. LOW - These cases should receive a standard response.  MEDIUM / MODERATE – These cases should receive a comprehensive response. HIGH – These cases should receive an immediate and comprehensive response. High and moderate concern cases will often receive similar types of responses, the major difference will be the urgency with which they are implemented.

In all situations, the DAO will update the Niche Occurrence with the outcome of the SASH so that the OIC/Supervisor is aware of the outcome to ensure clarity of the ownership of risk/investigation.

Should the PVP officer identify from their review that a SASH is not required they will endorse the rationale on the Niche occurrence. If the stats classification should be changed from Stalking a task will be initiated for FCIR to review.

 

Crime Recording

If there is more than one crime being reported, the most serious crime should be recorded (in line with Home Office Crime Recording Rules / Principal Crime Rule). However, the stalking offence should also be investigated as part of the investigation.

If a previous investigation involving the same victim and suspect has been finalised (Outcome 15//6) within the last 3 months, the original investigation should be re-opened as the stalking behaviour is a continuation of the original Stalking.

If a previous investigation involving the same victim and suspect was finalised (Outcome 15/16) over 3 months prior, a new crime of Stalking should be recorded.

 

Stalking Investigation- Crime Allocation

For ALL stalking offences identified as HIGH CONCERN following SASH, the investigation will be referred to CID for allocation of a PIP Level 2 investigator to progress. Until the SASH is completed, the initial ownership of the investigation will be allocated based on the outcome of the DA PPN / Stalking or Harassment PPN grading and will need to be discussed within BCU DMM’s.

With Domestic Abuse cases that involve stalking there may not always be a correlation between the initial DASH risk assessment and the subsequent SASH assessment grading. In these cases, if the SASH is graded as HIGH risk, then this will require a PIP Level 2 investigator (CID) to progress regardless of the DA PPN grading.

 

NPPT management

In the case of community-based harassment, it may be appropriate for the local Neighbourhood Policing and Prevention Team (NPPT) to adopt a Problem Orientated Policing approach (POP). This will usually take place when there are multiple incidents and centre around a dispute (i.e., such as land ownership).

If a POP approach is deemed appropriate a POP plan will be created to mitigate/manage the risk.

The management of the POP plan will remain with the local NPPT team.

Stalking Perpetrator Co-ordinator:

Dyfed-Powys Police have a dedicated Stalking Perpetrator Co-ordinator who has responsibility for the co-ordination of our force response to Stalking. Their daily work includes:

• Screening crimes and incidents to identify stalking cases that have been misidentified.
• proactively supporting investigating officers to improve the quality of investigations and safeguarding.
• supporting officers to apply for SPOs
• raising awareness and knowledge about stalking in force
• providing points of contact for advocacy services, and improving links between forces and specialist victim support services
• management of Stalking Intervention Programme and Multi Agency Joint Service Improvement panel process
• co-ordination of the perpetrator intervention referral

 

Offender Management/Rehabilitation

In every case the long-term management of the offending behaviour should be considered to reduce the risk of further offending.

• It is the responsibility of the OIC to request the appropriate post-conviction orders at the point of sentencing.
• Civil Orders must also be considered from the outset and during the investigation.
• Each recorded Stalking offence will be reviewed for suitability for a Stalking Protection Order (SPO).
• Any breach of an SPO will be the responsibility of the allocated offender manager within Integrated Offender Management (IOM).
• Breaches of other orders, such as a restraining order, for example, will be investigated based upon the risk assessment completed by the OIC. Any breach is a representation of an escalation and will therefore require an increase in risk level.
• In each case the OIC should consider the benefits of the perpetrator being supported through the Integrated Offender Management Scheme.
• All offenders managed through a statutory or voluntary scheme will be screened to identify stalking behavioural traits and this will formulate part of their rehabilitation even if the index offence is for a different matter.
• Offenders should be considered for attendance on Perpetrator Programmes such as the Stalking Intervention Programme.
• Where appropriate, stalking perpetrators will be managed under MAPPA.

 

High risk perpetrators identification process

The Stalking Coordinator will review outcomes of SASH, along with conducting case reviews to identify “High Risk” perpetrators.

‘High Risk’ perpetrators will be reviewed by the Stalking Coordinator for consideration of inclusion within the BCU Threat & Harm Tasking Meetings for bespoke targeting and disruption. They will also be considered for discussion within a monthly Stalking Intervention Programme (SIP) meeting.

If a Stalking Protection Order is being sought for any perpetrators, the DASP will conduct a Stalking Risk Profile assessment.

 

Multi-agency approach:

Multi Agency Joint Service Improvement Panel

Dyfed-Powys Police have a bi-monthly joint improvement group with CPS and Paladin Stalking support service which ensures a joint to improve investigation outcomes for victims of Stalking.

The aim of the meeting is:

• To focus on building relationships for coordinated partnership interventions
• Enable our statutory partners to review crimes that have been investigated by Dyfed-Powys Police, highlight, and share best practice, feeding back learning for improvement.
• Responding to performance issues, highlighting, and managing future risks associated with non-DA stalking.
• Assessing whether police investigations and prosecutions have been effectively conducted.

 

Stalking Intervention Programme (SIP)

Dyfed-Powys Police hold a monthly SIP meeting involving internal and external partners. The purpose of the SIP is to:

• Promote a consistent response to Stalking incidents.
• Draw expertise and intelligence from multiple agencies to inform the risk management process.
• Ensure the correct specialist support and advocacy is offered to the victim.
• Address the fixation and obsession in perpetrators through referrals to intervention programs.
• Increase the amount of Stalking protection orders applied for by Dyfed-Powys Police.

Code of Ethics

All the Code of Ethics principles apply to this policy –

• Courage
• Respect and Empathy
• Public Service

Welsh Language Standards

Victims and Offenders may request to be dealt with through the medium of Welsh. This will be accommodated whenever possible. *if the sourcing of a Welsh Speaker causes a delay that increases risk / jeopardises the investigation, the provision of a Welsh speaking officer / staff will be accommodated once the risks are mitigated. The service provided and professionalism of officers will remain the same regardless of language.

 

5.  Take action and review

Governance

The lead officer is the Detective Superintendent for Protecting Vulnerable People.

The BCU Commander and the Detective Chief Inspector are responsible for the following:

• The knowledge, implementation, and compliance of this policy with their staff.
• The identification of suitable officers to undertake training and roles required for the specialist investigation.

The Head of Contact and Incident Management will be responsible for;

• The knowledge, implementation, and compliance of this policy with the staff within the FCC.
• Establishing suitable training that incorporates the needs of those engaged in initial contact with victims.

The Chief Inspector lead for Stalking and Harassment will have responsibility for;

• The knowledge, implementation, and compliance of this policy within Dyfed-Powys Police.
• Ensuring suitable training to ensure those involved in the investigation of Stalking and Harassment are appropriately trained and equipped.
• Having strategic oversight for Dyfed-Powys Police response to Stalking and Harassment.

This policy will be reviewed annually to ensure that is effective and fit for purpose, to reflect any changes to legislation or national guidance and any challenges made to the policy.

Stalking and Harassment is managed under the Vulnerability portfolio which receives oversight from the Strategic Vulnerability and Prevention Board, chaired by the force Assistant Chief Constable.

The Dyfed-Powys Police Vulnerability Portfolio takes strategic direction from the National Vulnerability Action Plan. The Detective Superintendent ensures processes are in place to achieve the following:

• Monitor the effective investigation of offences against vulnerable people and provide quality assurance,
• Maintain investigative standards by providing training opportunities and feedback from audits, guidance, and best practice,
• Ensure there is a process in place for all “No Crimes” to be reviewed by the Force Crime Registrar,
• Provide a consultancy and advisory service for crime investigation issues.

CODE OF ETHICS CERTIFICATE OF COMPLIANCE

This policy has been drafted in accordance with the Code of Ethics and has been reviewed on the basis of its content and the supporting evidence and it is deemed compliant with that Code and the principles underpinning it.

HUMAN RIGHTS ACT CERTIFICATE OF COMPLIANCE

This policy has been drafted in accordance with the Human Rights Act and has been reviewed on the basis of its content and the supporting evidence and it is deemed compliant with that Act and the principles underpinning it.

EQUALITY IMPACT ASSESSMENT

Section 4 of the Equality Act 2010 sets out the protected characteristics that qualify for protection under the Act as follows: Age; Disability; Gender Reassignment; Marriage and Civil Partnership; Pregnancy and Maternity; Race; Religion or Belief; Sex; Sexual Orientation.

The public sector equality duty places a proactive legal requirement on public bodies to have regard, in the exercise of their functions, to the need to:

• eliminate discrimination, harassment, victimisation, and any other conduct that is unlawful under the Act;
• advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;
• foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

The equality duty applies to all protected characteristics with the exception of Marriage and Civil Partnership, to which only the duty to have regard to the need to eliminate discrimination applies.

Carrying out an equality impact assessment involves systematically assessing the likely or actual effects of policies on people in respect of all the protected characteristics set out above. An equality impact assessment should be carried out on any policy that is relevant to the public sector equality duty. 

EQUALITY IMPACT ASSESSMENT COMPLETED: March 2026