Minister for Justice announces amendments to Bill tackling stalking

By Cillian Sherlock, PA

The Government is to amend a Criminal Justice Bill to better victims of stalking and other sensitive crimes.

Minister for Justice Helen McEntee secured approval for Seanad committee stage amendments to fulfil commitments made under ‘ing a Victim’s Journey’ and the Zero Tolerance Strategy on domestic, sexual and gender-based violence (DSGBV).

The amendments include an extension of the restriction on cross-examination of the alleged victim by the accused to a broader range of offences, protection of the identity of alleged victims of harassment and stalking, and provisions for making civil orders restraining stalking on an urgent basis.

Usually orders are made by the affected person on notice to the other person.

The making of a short-term order would be permitted without such notice where there may be an immediate risk to the safety and welfare of the applicant.

Ms McEntee said the range of amendments will reassure victims of these crimes that they will be listened to, treated with respect and protected.

“The new system of civil orders is important as these target stalking at an early stage.

“They will restrain stalking behaviour and protect victims. These orders allow earlier intervention and do not require a criminal prosecution.

“The new orders also go further than what is possible under domestic violence legislation in of who an order can be made against – that is, not just close relationships – and the kind of conduct that can be prohibited by the court.

The Bill also increases the maximum sentence for assault causing harm from five years to 10 years, allows life sentences for conspiracy to murder, makes stalking and non-fatal strangulation standalone offences, and expands the existing harassment offence.

“It is a vital piece of criminal justice legislation which I am determined to see enacted.”

To prevent re-traumatisation of victims, courts may prevent an accused in a sexual offence case from cross-examining the alleged victim themselves.

In addition, Ms McEntee announced that she would propose legislation to extend this restriction on alleged perpetrators carrying out their own cross-examinations to a broader range of offences, including those involving violence, and offences such as coercive control, stalking and harassment.

She will also introduce amendments to provide for the making of new civil restraining orders against stalking and harassment on an emergency basis where there may be an immediate risk to the safety and welfare of the applicant.

Other amendments provide for the protection of the identity of the alleged victim in stalking and harassment prosecutions.