what's in the news

The government has announced that it is going to change the law to make stalking a specific criminal offence.

There it currently no legal definition of stalking. It has been argued that the Protection of Harassment Act 1997 does not go far enough to protect against stalking or punish offenders. The proposed changes are intended to provide more clarity and protection to victims and in turn help tackle the growing problem caused by ‘cyberstalking’ (also known as cyberbullying) through social networking and dating sites. The new proposal allows for offenders to receive up to 5 years in gaol and an unlimited fine.

What should you do if you are being stalked?

The Metropolitan Police website provides the following guidance:

1. Report the matter to the police.
2. Note the date and time of the incident and who was present – the more detail the better.
3. Keep copies of any emails, letters, documents etc.

You can also consider applying for an immediate injunction to restrain the perpetrator from continued activity. A breach of undertaking is normally a criminal offence which can result in up to 5 years imprisonment. Also, if the incident has taken place at your workplace or educational establishments talk to your HR department or tutor as the establishment may be vicariously liable if they fail to take action.

For further information on this article, please contact Pitmans Criminal Law team.

Chris Netiatis
Director, Criminal Law
T: 0207 634 4659
E: cnetiatis@pitmans.com

When the long awaited Bribery Act finally came into force on 1 July 2011 most people expected the first prosecution would not commence for many months, if not a year or more and would probably involve a huge bribe.

However, this did not prove to be the case as a humble Magistrates Court Clerk, Mr Munir Patel aged 22, proved to be the first person to be charged and found guilty under the Act for taking £500 to avoid putting details of a traffic summons on a court database. The Judge said the indictment involved at least 53 cases in which he had manipulated the process in order to save the offenders from the consequences of their offending.

Mr Patel was sentenced to three years for bribery and six years for misconduct at Southwark Crown Court.

The severity of the penalty reflects the fact that Mr Patel was in a public office and sends a powerful message to all that no matter how modest the amount of a bribe is the consequences can be very severe.

Alan Davies
Partner
T: +44 (0) 118 957 0300
E: alandavies@pitmans.com