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CPS stalking prosecutions improving but gaps to support victims remain, says HMCPSI

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CPS is generally charging stalking cases correctly, but prosecutors need to consistently secure important information in risk assessments and victim personal statements to ensure that victims are supported and protected, according to a report published today by HM Crown Prosecution Service Inspectorate (HMCPSI).

A new HMCPSI inspection has found that the Crown Prosecution Service (CPS) is generally making sound charging decisions in stalking cases but is failing to consistently secure Victim Personal Statements that allow courts to understand the true impact of this crime on victims, and can do more to engage with the police to ensure protective orders are considered to support victims.

The inspection, which examined 350 cases across all 14 CPS Areas, found no evidence that prosecutors are routinely downgrading stalking allegations, a significant improvement on the 2017 joint inspection “Living in Fear”, which found that none of the cases examined at that time had been dealt with well.

Inspectors found many examples of prosecutors who clearly understood the seriousness of stalking and were committed to protecting victims. Prosecutors generally selected appropriate charges, actively considered bail conditions to protect victims, and made effective use of restraining orders to prevent further contact from offenders. Prosecutors also consistently considered special measures to support victims giving evidence.

The inspection identified a serious and recurring failure in the provision and use of Victim Personal Statements (VPSs), which give victims a statutory right under the Victims’ Code to have their voice heard in their own case and help courts understand the impact of offending when sentencing. A VPS, or an explanation for its absence, was missing from police files in half of all applicable cases, and the CPS did not always follow up to secure one when it should have. Even where a VPS was obtained, it was not always used appropriately at sentencing, meaning many victims are not given the opportunity to have the impact of their experience properly heard by the court.

Unlike the generally positive findings on bail and restraining orders, the inspection found a different picture when it came to Stalking Protection Orders (SPOs). These are civil orders that can provide protection to victims even where there is no criminal charge or conviction.. While police forces lead on applying for SPOs, CPS guidance expects prosecutors to proactively advise on their use in appropriate cases. Inspectors found this happening only rarely, with SPOs considered in just a small number of relevant cases, and many prosecutors viewing them as solely a police matter rather than a shared responsibility.

HM Chief Inspector, Anthony Rogers, said:

“Stalking is a serious crime that leaves victims living in constant fear, often with lasting psychological harm. This inspection shows real improvement since our 2017 findings, with prosecutors demonstrating greater accuracy in identifying and charging stalking offences.

“But recognising stalking is not enough. Good intentions are not enough. Victims have a right to be heard, and too often that is not happening because Victim Personal Statements are missing or not followed up. The CPS must take ownership of fixing this, and prosecutors must play their full part, alongside the police, in making sure stalking prevention orders are considered in every case where they could keep a victim safe.

“I want to thank the National Stalking Consortium for their invaluable contribution in the development of this inspection. Their insight and expertise, drawn from direct experience of supporting victims, has shaped our approach and sharpened the findings of our report.

“The CPS has a credible plan for improvement. The challenge now is turning that commitment into consistent practice for every victim, in every CPS Area.

HMCPSI has made one formal recommendation, on Victim Personal Statements, reflecting the fact that this is a specific statutory right under the Victims’ Code and that a change in approach is required to deliver it consistently. Alongside this, the inspection identifies four compliance issues: areas where the CPS already has clear guidance and policy in place, but where inspectors found that this is not being applied consistently enough in practice, and where the CPS must now ensure prosecutors meet the standard expected.

Following these findings, HMCPSI has made the following recommendation and identified four compliance points that the CPS must address to improve:

Recommendation

By April 2027, the Crown Prosecution Service should improve its engagement with the police post-charge to ensure that, in every relevant case, a Victim Personal Statement is obtained or the victim’s decision not to provide one is confirmed and recorded. In full code test cases, this information should be available on the case file by the first hearing.

Compliance issues

Risk assessments – The CPS should make sure that a full risk assessment is obtained and properly considered in every stalking or harassment case, as already required by existing CPS guidance.

Stalking Protection Orders – The CPS should make sure prosecutors routinely advise the police on whether to apply for a Stalking Protection Order in every case involving allegations of stalking, so that this protection is properly considered for every victim.

Victim communication letters – The CPS should make sure that:

  • victims who are entitled to enhanced communication support are correctly identified as such;
  • letters updating victims on their case are sent in every case where they’re required;
  • these letters are sent within the time limits set out in the Victims’ Code; and
  • every victim who has the right to ask for a decision to be reviewed is told about that right.

Action plans – The CPS should make sure prosecutors set out clear, focused and realistic next steps for the police to follow in every case, with sensible timescales, in line with existing CPS standards.

Saskia Garner, National Stalking Consortium and Head of Policy and Campaigns at the Suzy Lamplugh Trust said:

“We welcome the long-awaited HMCPSI’s stalking inspection report released today which we hope will prompt much needed improvement in the CPS response to victims of stalking. The report highlights ongoing weaknesses in victim engagement and risk assessments which are issues we have previously raised concerns about including in our 2023 report ‘I just want this to be over‘.

“We therefore look forward to scrutinising the report in more detail and working with the CPS to address these shortcomings, strengthen its response to stalking, and ensure victims of stalking are consistently protected and able to access justice.”

HMCPSI will conduct a follow-up inspection to assess progress on the recommendation and compliance points made in 18 months.