A report by HM Crown Prosecution Service Inspectorate (HMCPSI) has identified significant weaknesses in how stalking cases are prepared and prosecuted in England and Wales, raising concerns about the availability of essential information needed to protect victims and build effective cases against alleged offenders.
The inspection found that prosecutors frequently received police case files without important documents, including victim risk assessments and victim personal statements. These materials can help prosecutors understand the potential dangers faced by victims, assess patterns of escalating behaviour and determine what additional evidence or protective measures may be required.
HM Chief Inspector Anthony Rogers acknowledged the commitment shown by many prosecutors and managers in recognising the seriousness of stalking offences. However, he noted that the overall quality of case preparation and prosecution performance remained inconsistent.
The report also identified shortcomings in the consideration of stalking protection orders, communication with victims, evidential assessments and the planning of prosecution cases.
Inspectors reviewed 308 cases in which charges had been authorised. They agreed with the charging decisions made by the Crown Prosecution Service (CPS) in 236 cases, representing 76.6% of the sample. Appropriate guidance and instructions for court advocates were also provided in 239 out of 308 applicable cases, equivalent to 77.6%.
The report highlighted the importance of providing clear instructions before cases reach court. Advocates rely on this information to address matters such as acceptable pleas, bail applications, special measures for witnesses, restraining orders and other requirements necessary for effective case progression.
One significant concern involved the CPS triage process, which inspectors found was not operating as effectively as required. In particular, prosecutors did not consistently challenge incomplete police submissions or request missing risk assessments.
Risk assessments were available in only 245 of the 348 cases examined, representing 69.5% of the sample. Although prosecutors should have requested the missing assessments in 101 of the 106 cases where they were absent, they did so in just 19 cases.
According to the inspection, the absence of a comprehensive risk assessment can make it more difficult for prosecutors to identify escalating patterns of offending, understand a victim’s vulnerability and determine whether urgent protective measures are necessary.
The inspection also identified weaknesses in the preparation of Crown Court cases. Of the 120 cases reviewed where prosecutors had completed a post-sending review, 82 cases, or 68.3%, showed that the CPS had added value by identifying and addressing outstanding issues. This indicated that further improvements were needed to ensure cases were properly prepared before progressing to trial.
HMCPSI recommended that the CPS strengthen its engagement with police following charge. This should include ensuring that victim personal statements are obtained in relevant cases or that any decision not to obtain one is properly recorded.
The inspectorate also reiterated its recommendation for more consistent reviews of additional lines of enquiry and opportunities to strengthen prosecution evidence across different case types, with particular attention to domestic abuse cases.
The findings highlight the importance of effective communication between police and prosecutors, thorough evidence gathering and appropriate risk assessments in stalking prosecutions. They also underline the need for a consistent approach to victim protection and case preparation throughout the criminal justice process.
