The Government has announced plans to make stalking a criminal offense, introducing legislation that would make convicted offenders liable for a maximum jail term of five years. This move aims to address the growing concerns about stalking, strengthen public safety, and set clear consequences for repeated harassment.

Defining Stalking as a Crime

Justice Minister Paul Goldsmith has outlined how stalking will be defined under this new law. Stalking will be classified as a series of behaviors exhibited over a 12-month period. To be charged, an offender must commit three specified acts within this timeframe. These acts can include following, loitering, tracking, damaging reputation, and other behaviors facilitated by technology, such as recording or monitoring someone’s movements. By specifying these behaviors, the legislation aims to capture a range of modern stalking methods that pose a risk to victims’ safety and mental health.

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Goldsmith emphasized that these changes are driven by public concerns and the Government’s commitment to strengthening law and order. “We are moving quickly to create a new stalking and harassment offense as part of our plan to restore law and order,” he stated.

Supporting Amendments to Strengthen Stalking Protections

To reinforce the impact of the new stalking offense, four additional amendments will be implemented. Each of these amendments is intended to better protect victims and acknowledge the particular harms associated with stalking:

1. Court-Issued Restraining Order

Courts will now have the authority to issue restraining orders and orders related to harmful digital communications when sentencing for stalking offenses. This measure seeks to provide victims with further protection from both physical and digital harassment.

2. Stalking-Related Aggravating Factors

Two new aggravating factors, specific to stalking, will be added at sentencing. These factors recognize the unique impact of stalking on victims and aim to reflect the severity of repeat harassment in sentencing decisions.

3. Firearms Licence Disqualification

A stalking conviction will automatically disqualify offenders from holding a firearms licence. This step prioritizes public safety and aims to reduce the potential risk of violent escalation in stalking cases.

4. Inclusion of Stalking in Psychological Violence

The definition of “psychological violence” under the Family Violence Act will now include stalking. This amendment acknowledges the profound impact of stalking within family relationships, where victims often experience long-term psychological harm.

A Commitment to Community Safety

Goldsmith expressed that every individual deserves to feel safe within their community and that this legislation is central to the Government’s mission to reduce the number of serious violent crime victims by 2029. He reiterated that these changes put victims at the forefront of the justice system.

In addition to individual safety, the law is expected to benefit community and organisational networks, such as our media outlet ONE Network, which has also experienced issues related to stalking. By criminalising these behaviours, the Government aims to improve safety across a wide spectrum, including public and professional settings where stalking has impacted security.

A Modern Approach to a Growing Issue

The new legislation recognises that stalking can take many forms, including technological forms of harassment that have become prevalent in recent years. As part of the Government’s Q4 Action Plan, the law represents a focused effort to keep up with evolving methods of harassment and create robust protection for victims.

The offence, carrying a maximum penalty of five years’ imprisonment, signals the Government’s commitment to meaningful legal action against stalking and to creating safer communities across the country.