Stalking victims to be advised on what to expect during court cross-examination

DPP says Crown Prosecution Service has been worried too long about being seen to 'coach' them

Kamaljit Sidhu was stalked by her ex-boyfriend before taking her own life last year (PA)

Victims of serious crime are to be given routine help on what to expect under cross-examination in court for the first time, the Director of Public Prosecutions reveals today.

In an article for The Independent, Alison Saunders says that for far too long the Crown Prosecution Service had been unwilling to help witnesses give evidence in court for fear of being seen to “coach” them.

She said described this practice as “cold, dispassionate and unfair” and said prosecutors must do more to explain to victims “what they can expect” from the court process.

Alison Saunders: Helping stalking victims is not rehearsing evidence.

In addition, new guidance released to police and prosecutors today will instruct crown lawyers to challenge “offensive and seemingly irrelevant questioning” and “object to any inappropriate cross-examination of the victim”.

Victims will also be encouraged to prepare their own personal statement that they can, if they wish, read aloud to the court explaining the effect offending has had on them and their lives and to express an opinion on bail or other issues.

It comes as new figures, released by the CPS, found that prosecutions for all stalking and harassment offences increased by more than 20 per cent to 10,535 last year.

Ms Saunders says that if these were to be dealt with in a way that inspired the confidence of victims, there needed to be a change of approach in the way in which all prosecutors approached cases.

Alison Saunders, Director of Public Prosecutions (PA)

She adds that the new approach would allow prosecutors and police to explain to victims what line of questioning they might expect from the defence council – saying there was a clear difference between helping victims and coaching them in how to give evidence.

Legislation which came into force in 2012 allows prosecutors to bring charges where an offender’s behaviour falls short of fear of violence, but where a victim is caused serious alarm or distress affecting their lifestyle.

In 2013-14 – the first full year since the new laws were introduced – 743 prosecutions were brought under new stalking offences created by the Protection of Freedoms Act 2012, the Crown Prosecution Service said.

Other figures showed that prosecutions brought to court over breaches of restraining and non-molestation orders, the vast majority of which relate to domestic violence cases and can involve stalking-related behaviours, rose by 14.6 per cent rise in 2013-14, from 15,838 to 18,149.

And of the 743 cases brought under new laws, 529 involved fear, alarm or distress and 214 involved fear of violence, serious alarm or distress.

The national policing lead for stalking and harassment, Assistant Chief Constable Garry Shewan, said while convictions for stalking were on the rise there was still much more than needed to be done. “More people than ever are being prosecuted and convicted for stalking but we know that there are still many more stalkers getting away with it and victims at risk who are suffering immensely,” he said.

“We are determined to increase the number of stalkers brought to justice and ensure that measures are put in place to protect victims even if a conviction isn’t possible; if police and prosecutors follow this protocol we can achieve this aim. I will be working with chief officers across the country to ensure that this protocol is shared and used by officers on the ground.”

Rachel Griffin, director of the Suzy Lamplugh Trust, the charity that runs the National Stalking Helpline, said: “We often hear from victims of stalking through the National Stalking Helpline who need more and better support through both the investigation and trial process, so we hope that the clearer guidance released today will aid in ensuring these victims get the help they deserve.”

Case study: Kamaljit Sidhu

Kamaljit Sidhu was stalked mercilessly by her ex-boyfriend Ryan Dey before she ended her life by jumping from a motorway bridge in November last year.

The 29-year-old, from Oldbury, West Midlands, was subjected to a sustained campaign of harassment and spent her final days living in fear before she ended her life by leaping from a bridge over the M6 near Great Barr.

Dey, 23, admitted stalking Miss Sidhu and was sentenced to two years in prison by Birmingham Crown Court in April.

Ryan Dey was jailed for two years (PA)

The court heard that he sat outside her home in the early hours of the morning; took her mobile phone and called her parents’ phone day and night, prompting them to change their number.

He also followed her into a restaurant where she was forced to hide under a table, and hacked her Facebook account.

Miss Sidhu, a bar manager had been seeing the lorry drover for up to 18 months but when she tried to end their “volatile” relationship in October 2013, he simply refused to accept it was over, West Midlands Police said.

Dey threatened her, contacted her friends and searched various locations in Birmingham trying to find her.

She spoke of her fear on social media sites before jumping to her death on 25 October.

After the trial, her mother Sarbjit said: “My Kam suffered in silence and no one else should do the same,"

Katie Grant