Sweeping penalties in new law on stalkers

Sweeping laws to outlaw stalking and racial and neighbour harassment were finally introduced in the House of Commons yesterday.

Under the Protection from Harassment Bill, which anticipates 200 cases reaching the criminal courts each year, stalkers who cause their victims to fear for their safety would face five years' jail, an unlimited fine or both, regardless of what their intentions were.

Stalking causing harassment, alarm or distress, whether or not intended, would carry a maximum penalty of six months imprisonment or a pounds 5,000 fine, and is intended to catch lower-level intimidation such as unwanted phone calls or flowers, or the yelling of abuse from a neighbour.

The Bill, which covers England & Wales and includes some Scottish provisions, was omitted from the Queen's Speech last month and left to be carried through by a Tory backbencher. But it was adopted as a Government measure minutes after Tony Blair, the Labour leader, promised his party's backing and challenged John Major to introduce it.

Michael Howard, the Home Secretary, said: "These laws would turn the table on those who spread fear and distress such as stalkers, nightmare neighbours, bullies and racists, making them the victim of the criminal law."

Just two provable instances of words or behaviour putting a person in fear of violence or causing harassment, alarm or distress would technically be enough to trigger a criminal prosecution.

There will be defences to the criminal and civil measures, covering national security; prevention, detection or investigation of crime; and acting under statutory authority. Mr Howard said: "These laws would not prevent people from going about their lawful activity. The legitimate work of the police ... journalists and others will be recognised and protected."

Jack Straw, Mr Howard's Labour shadow, said the measure would not provide a comprehensive solution to the problem of anti-social criminal behaviour. "The Government's acceptance that the Bill is likely to generate only 200 additional cases a year amounts to an admission of this," he said.

There was stronger criticism from Liberty, the civil liberties organisation, which said the new criminal offences were too widely drawn. "The criminal law already provides a range of measures to deal with all identified forms of behaviour identified as stalking," it said.