Hon Paul Goldsmith
Minister of Justice

Legislation that will make stalking illegal with a maximum penalty of up to five years in prison has been introduced and passed through first reading in Parliament today, Justice Minister Paul Goldsmith says.

“Existing harassment laws haven’t kept pace with trends in this dangerous area. Since I announced this Bill, many victims and advocates have talked about the need to have this law in place as soon as possible.

“The Bill has been referred to the Justice Select Committee and I encourage anyone who has been affected by stalking to have their say.

“As I announced in November, the offence will have a maximum penalty of five years imprisonment, and will capture patterns of behaviour, being three specified acts occurring within a 12-month period.

“It will provide a list of behaviours that may amount to stalking and harassment, including damaging reputation, recording, or tracking and following or loitering as well as the use of technology in modern stalking methods.”

Four other amendments will also be made to support the new offence:

• Allowing courts to make restraining orders and orders in relation to harmful digital communications, when sentencing for the new offence.
• Adding at sentencing two new stalking-related aggravating factors. These factors recognise the particular harms associated with stalking behaviours and offending against a person who has a restraining order against the offender.
• That a stalking and harassment conviction disqualifies the offender from holding a firearms licence.
• Clarifying that the definition of psychological violence in the Family Violence Act includes stalking. This provides better recognition of the harms associated with stalking for those in a family relationship with their stalker.

“This comes as part of the Government’s commitment to ensuring there 20,000 fewer victims of serious violent crime by 2029, and delivers on the promises made in our Q4 Action Plan,” Mr Goldsmith says.

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