Nexus Response:

Question 2 Response

We require clarification on several points, particularly:

• How are cases that do not proceed to prosecution recorded? Is there detail to inform whether it is an evidentiary issue that needs to be addressed by the PSNI, etc?
• What support is offered to victims and families in the case where intimidation is found to be present?
• When decisions to not prosecute are taken, how and when does the PPS communicate the decision to victims?

We recommend the following:

• The guidance needs to elaborate on what is meant by “interest of justice” outside of trauma-informed practise in relation to the Test for Prosecution.
• In relation to the Public Interest Test, the guidance would benefit from the inclusion of examples of when the public interest goes against prosecution to illustrate this point.

Question 3 Response

It is important that the guidance states that the prosecution will make every effort to make the process of giving evidence as easy as possible, but that ultimately it is a matter for the Judge to ensure that the trial is conducted fairly. It could be useful, however, to include here some more detail on how the prosecution can make the case that the victim and/or witness is being treated unfairly.  

Section 4.4.4 discusses the use of good character information, and we would like to strongly emphasise our fundamental opposition to the use of good character references in cases of domestic and sexual abuse, stalking, harassment, and abusive and threatening behaviour. Indeed, in our experience many people who display abusive behaviour often use their ‘societal status’ to further intimidate their victim into believing they won’t be believed. Previous ‘good character’ is not evidence that the crime in question did not happen and does not have a place within the court process. 

Question 4 Response

The policy is also taking account of the additional barriers for victims and witnesses for whom English is not their first language however, we note that in 5.3.1, the policy has advised that the PPS will “seek advice from police as to the victim’s or witness’s ability to give and understand oral evidence in English or whether the witness requires the use of an interpreter”. A survey conducted by Crest Advisory, a group of crime and justice specialists, with over 5,000 adults in England and Wales found: 

• 46% of Black people trust the police, compared to 62% of the general population
• 75% of Black adults surveyed agreed that the police “do not treat people from ethnic minority backgrounds the same as White, British people”
• 69% of Black adults believe they do not get the service or protection they need from the police.

And in a similar survey with over 1,500 children in England and Wales, Crest Advisory reported that: 

• Only 36% of Black children and teenagers trust the police, with Black girls reporting the lowest among all those surveyed at 33%. 

• “Less than a quarter of Black children and teenagers questioned for the poll said they trusted police to stop and search them fairly and fewer than one in five trusted officers to treat people from different backgrounds fairly”. 

What this research illustrates is a mistrust of police, by people who potentially don’t have English as their first language, and as such as we would advocate that Section 5.3.1 be revised to “PPS will seek advice from police and the Victim and Witness Care Unit as to the victim’s or witness’s ability to give and understand oral evidence in English or whether the witness requires the use of an interpreter”. Including the VWCU will provide a victim/witness-centred assurance for victims and witnesses who may have a distrust of the police and their agencies. 

In Section 5.1.3, the guidance states that “The court will only allow a special measure where it considers that the measure would be likely to improve the quality of evidence given by the victim or witness”. We assert that the protection and safety of victims of such a crime will always improve the quality of evidence. 

Question 5 Response

As a charity that provides training, educational workshops, and public awareness campaigns, we value inclusion of the Annex sections to highlight the behaviours and impacts of stalking. This can be a valuable aid for anyone who may be impacted by stalking. By providing information on the signs of stalking, potential victims may be better equipped to report a crime and seek support. 

Question 6 Response

There are portions of the policy that are clear, concise, and detailed in a format that is accessible and explanatory. However, as we have noted in Questions 2-4, there is work to be done to provide explanations of how the prosecution will use the Act to pursue prosecution, how exactly they apply the Evidentiary Test, and how the PPS communicates with victims and witnesses. The policy makes several assumptions that the reader will understand the prosecutor’s reasoning for taking decisions, such as how much weight is given to the victim’s wishes in situations such as alternatives to prosecution and bail, how they interpret “interest of justice”, and what are considered exceptional circumstances for the acceptability of pleas. 

Question 7 Response

Overall, there are sections where the policy provides an easy-to-read, step-by-step guidance on how the PPS and prosecutors will handle cases of stalking. However, we would recommend that, in Chapter 1, the guidance provide more information on the training given to prosecutors, as this would inform victims’ choice to pursue a judicial outcome as well as make victims and witnesses aware of how much familiarity the prosecutor has with the subject. Chapter 2 outlines the Protection from Stalking Act 2022, including how the offences of stalking and threatening or abusive behaviour are met, the definitions of course of conduct, reasonable person test, fear or alarm, the statutory defence of TAB, penalties for the offences, and safeguarding victims. We have some points for clarification and recommendations for Chapter 3, particularly to request further details on the test for prosecution, how the PPS weighs the wishes of victims and their families, and how the PPS communicates with victims. In relation to Chapter 4, we advocate that, a commitment is made for the PPS to embed trauma-informed practise for their prosecutors, including commitments from prosecutors to exhausting every option to communicate any changes or updates with victims and witnesses. For Chapter 5, we have highlighted research into mistrust of the police for victims of crime who come from marginalised communities, particularly the Black community, especially people who don’t have English as their first language, to inform PPS policy on determining the need for an interpreter. We recommended including the opinion of a Victim and Witness Care Unit case worker and any other victims advocate to reflect the victim-centred approach to supporting victims.  

Question 8 Response

As the host of the Domestic and Sexual Abuse Helpline, we would like to see the Helpline section amended to: 

“The Domestic and Sexual Abuse Helpline provides free, confidential information and support to people directly and indirectly impacted by Domestic and Sexual Abuse across Northern Ireland. The Helpline is available to people with lived experience, those concerned about someone, those with concerns as to whether abuse is occurring, and to professionals working with people who may be impacted by abuse. The Helpline also works collaboratively with statutory agencies and other charities to provide further support. 

The Helpline will direct callers to the appropriate support in both emergency and non-emergency situations. The Helpline is available 24/7, 365 days a year. Trained, experienced staff are available to help via phone, email, and webchat. To contact the Helpline, call 0808 802 1414, email at help@dsahelpline.org, or use the live chat feature at www.dsahelpline.org. It is free and the number does not appear on a landline telephone bill. A telephone translation service is also available”.