CPS response to stalking super-complaint report
Published 8 January 2025
Applies to England and Wales
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Crown Prosecution Service (CPS) Response to the Super-complaint Report on the Police Response to Stalking
Recommendation 19 (to the CPS)
By 27 March 2025, consider the findings from this investigation and take action in relation to any areas where the Crown Prosecution Service may also need to improve its response to stalking. This could include:
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ensuring consistency in how stalking is described across guidance it produces
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identifying stalking and understanding the risks and effect of stalking on victims
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recognising breaches of orders as further instances of stalking or serious escalation of risk
CPS Response
The CPS regularly reviews its policy and practice to ensure that prosecutors are properly equipped to deal with stalking cases. In April 2023, the CPS published revised prosecution guidance on stalking or harassment, which focuses on identifying patterns of offending behaviour and helps prosecutors to better recognise and select the appropriate charge. By January 2025, further updates will be made to the guidance on restraining orders to emphasise that prosecutors must consider breaches of orders within wider the context of offending and, where new offences or courses of conduct are present, that they are charged in addition to breaches.
The findings from this report echo our recognition that better joint working between police and CPS improves outcomes for victims, including for victims of stalking. In November 2024, the CPS and NPCC published the Domestic Abuse Joint Justice Plan (DA JJP) which promotes early communication between investigators and prosecutors and prioritises improving the recognition and identification of behaviour driven offending. The DA JJP applies to domestic and non-domestic stalking, and it is captured within the plan as high-harm, high-risk repeat offending. Work has already commenced to develop a shared definition of this term, and to update the police and CPS joint protocol on the appropriate handling of stalking or harassment offences. Informed by operational insights from police and CPS Stalking Leads, this will help to ensure police and prosecutors are better equipped to identify and handle stalking and to recognise risk.