Tag Archives: Restraining order

Litigation may be harassment

Crown Court and County Court in Oxford.

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A recent successful judicial review is not only an example of why there is a view (which I don’t share) that a new offence of stalking is needed but also shows how failures to prosecute effectively may be challenged.

In R (on the application of Waxman) v Crown Prosecution Service [2012] EWHC 133 (Admin) which is not on BAILII yet, Claire Waxman successfully challenged the CPS decision to drop the prosecution of her stalker, Elliot Fogel, and was awarded damages for its failure to take proper measures to protect her. Continue reading

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One for the Price of Two

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It was reported this week that David Cameron was supporting the recommendation of the Independent Parliamentary Inquiry into Stalking Law Reform to bring in legislation to create a new offence of stalking.

If he thought this was something with which to gain universal approval, he has failed as far as I’m concerned.

Let me be clear. I fully support the work of many people and groups such as Protection Against Stalking and Action Scotland Against Stalking to highlight the shattering and sometimes fatal effect stalking can have on lives and to ensure effective intervention and prosecution.

However, while there are sound reasons to modify existing legislation, I have not heard any convincing argument to justify the creation of a new offence.

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