LETTER : Democracy falls victim to stalker

Sir: Wendy Callan's letter (11 December) graphically described the insufferable behaviour that is stalking, and the consequences for the victim.

As her letter indicates, the existing criminal law was able to deal with the behaviour. Her stalker was presumably charged under the Malicious Communications Act 1988, although, depending upon the facts, she could have been prosecuted for harassment under the Public Order Act 1986. Stalking has also been successfully prosecuted as grievous bodily harm.

Ms Callan was unimpressed by her stalker's sentence. However, this does not justify the fact that proposed additional measures to deal with stalking, the Protection from Harassment Bill, are to be rushed through all stages in the House of Commons on 16 December 1996 ("Sweeping penalties in new law on stalkers", 6 December).

The detail of that Bill is disturbing. For instance it marks a radical shift in what can constitute a criminal offence. Additionally it blurs the traditional constitutional distinctions, and safeguards, between the criminal and civil law. Furthermore, the Bill, once enacted, will add to the ever growing arsenal of laws which already exist to regulate public and private behaviour.

The decision to push the legislation through in one day highlights the democratic deficit which is now prevalent within government. Ironically, this denial of parliamentary scrutiny means that the real victim of this Bill is democracy.

JONATHAN COOPER

Legal Director, Liberty

London SE1