POLICE would be handed the power to put extra protections in place for stalking victims under proposed legislation. 

SNP MSP Rona Mackay is bringing forward new laws which would allow officers to apply directly to court for a stalking protection order on behalf of victims.

The Stalking Protection (Scotland) Bill was put out for public consultation yesterday and will be open for comments for three months.

Officers making the application would be required to show evidence of stalking behaviour and give their assessment that the individual is at risk.

Read more: Stalking takes toll on victims’ health, social life and jobs, Glasgow researchers claim

Ms Mackay said the move would boost protection and access to justice and go further than recent changes in England.

She said: “My proposal aims to give victims greater protection, and access to justice, by allowing the police to apply directly to the court for a Stalking Protection Order (SPO). 

“The police will have to show that there is evidence of stalking behaviour and that they believe that there is a risk to the victim. An order would then prohibit the stalker from continuing this behaviour.  

“This proposal goes further than recently introduced legislation in England and ensures that, no matter the relationship between the victim and stalker, that an SPO could be granted.

“I welcome submissions to my consultation that will help shape the bill going forward.”

A rise in stalking offences since 2012 has led to calls for greater protection to be given to victims.

A survey by the Scottish Government in 2017-18 found that 27 per cent of women aged between 16 and 24 had experienced at least one incident of stalking in the previous year, compared to only 12.1% of men of the same age.

Overall, 11% of adults had experienced at least one type of stalking and harassment. The most common was being “sent unwanted messages by text, email, messenger or posts on social media sites”. 

This was experienced by 21.6% of females aged 16 to 24, and 7.5% of all adults.

But 4% of victims said intimate pictures had been shared without their permission, 10% said they had been followed and 11% had spotted someone loitering outside their home.

Read more: More than 1 in 10 Scots stalked or harassed last year

And while around half of all victims knew the perpetrator in some way, in two-fifths of cases (41%) the offender was someone they had never seen before.

The findings were taken from the Scottish Government’s Scottish Crime and Justice Survey, which examined the issue in detail for the first time.

It also found just a few thousand people were the victims of three-fifths of violent crime in Scotland last year, despite a sharp fall in crime overall.

Under current laws, individuals who are being stalked are able to apply to the court to have a non-harassment order (NHO) taken out against a stalker.

It means the victim has to take legal action themselves, which can be costly and stressful, leading to the numbers of victims applying for NHOs being low.

Prosecutors can apply for an NHO once a stalker has been convicted.

However, criminal cases take time to investigate and prosecute, leaving the victim to navigate a civil action at a vulnerable time. 

In addition, if they do not qualify for legal aid, the cost is prohibitive.

Dr Marsha Scott, chief executive of Scottish Women’s Aid, previously said the law had not responded to wider changes and needed to update legislation. 

Earlier this month, researchers at Glasgow Caledonian University found stalking can have a lasting effect on victims, affecting their mental and physical health, undermining their employment or wrecking their social life.

A survey of 128 victims heard evidence of suicide attempts, anxiety, depression and isolation. 
Some of those targeted said they had had to change jobs or move house.

However, less than half had reported their concerns to police, and many blamed themselves.