HC Deb 10 May 2004 vol 421 c1W
Bob Spink

To ask the Solicitor-General if she will issue guidance to the police and Crown Prosecution Service on the issuing of first stage warnings under the Protection from Harassment Act 1997. [170016]

The Solicitor-General

The Protection from Harassment Act 1997 has been in force since June 1997. Guidance regarding the scope of this Act has been issued to all the criminal justice agencies, including the police and the Crown Prosecution Service, by way of Home Office Circulars 34/1997 and 28/2001. In addition, further guidance on the Act is provided to Crown prosecutors via the CPS Legal Guidance which can be accessed electronically through the Crown Prosecution Service's website.

The issue of warnings is a matter for the police rather than the Crown Prosecution Service. There is no obligation on the police to provide warnings before an arrest under this Act. However, guidance on the issuing of warnings in suitable cases was provided in the Home Office commissioned paper "Stalking and other forms of harassment—An investigators guide" published in 2001.

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