Sentencing reforms cannot come at the expense of victim safety

We are extremely concerned about the government's sentencing review announcement which we believe will put stalking victims at risk. While we recognise the immense pressures on prison capacity and the intention underpinning the sentencing reforms, the safety and well-being of victims of stalking cannot be sidelined in this process. 

Under the proposed ‘earned progression’ model, some stalking perpetrators may only serve a third of their sentence in custody, which could result in stalkers being released within months. In addition, many stalkers may no longer be eligible for a custodial sentence in the first place which could allow them to continue offending. Perpetrators of abuse, including stalking, are known to manipulate systems in order to perpetuate further abuse. As a stalker’s fixation is often embedded over long periods of time, there is a danger that a pause in stalking behaviour could be inadequately risk assessed and falsely viewed as cessation of the behaviour. 

The announcement also proposes a presumption against custodial sentences of less than a year.  However, the average sentence length for those convicted of stalking currently stands at 13 months, with many more receiving a sentence of under 12 months. While judges will still retain the power to hand down sentences of 12 months or less to offenders of stalking or those who have breached a court order, including stalking and domestic abuse protection orders, we know that stalking protection orders (SPOs) are woefully underutilised.  

Suzy Lamplugh Trust has also evidenced significant concerns about the lack of understanding as to what behaviours constitute stalking among prosecutors and the judiciary, leading in some cases to mischarging, the dismissal of stalking cases and a lack of implementation of SPOs. For the same reasons, we are not convinced that the risk assessments carried out will appropriately respond to the needs of stalking victims when it comes down to sentencing. Due to the high-risk nature of stalking and the high rates of reoffending for this crime, it is imperative that the criminal justice response to stalking is not further watered down through these changes. 

While assurances have been made that the ‘worst’ offenders and those serving standard determinate sentences for more ‘serious’ offences will not be afforded an early release, the Ministry of Justice has not provided the necessary clarity that stalking is recognised as a serious offence that would remain unaffected by the sentencing review’s recommendations. The Suzy Lamplugh Trust urge the government to recognise stalking as a serious offence. 

Due to the fixated and obsessive nature of stalking and high rates of reoffending, community sentences or fines often prove ineffective and allow the perpetrator to continue offending. It is therefore crucial that those convicted of stalking are primarily given custodial sentences. Similarly, relying on tagging and home detention to monitor perpetrators released early will be highly dangerous for victims of stalking. Many stalking behaviours carried out online could persist undetected or fail to be considered as a breach of the tag or home detection curfew, causing devastating psychological distress. It is critical that stalkers are excluded from these proposals to avoid victims being put at serious risk. 

Aside from the risks outlined above, we fully support the recommendation for judges to flag perpetrators of domestic abuse at sentencing and urge the government to expand this to flag perpetrators of stalking as high risk. We also welcome the government’s commitment to go beyond the review’s recommendations and explore the use of specific ‘restriction zones’ for offenders, alongside existing exclusion zones.  

The government must review these proposals and prioritise the needs and protection of victims when determining which critical reforms are applicable to stalking perpetrators. To ensure that their goal of halving violence against women and girls within a decade remains within reach, victims of stalking cannot be put at further risk through these measures. 

23 May 2025