A Critical Analysis of the Law of Stalking in Scotland

Abstract

This article analyses the current law of stalking in Scotland in the light of various legal changes which have taken place since the enactment of the Protection from Harassment Act 1997. The various types of crime that can apply to stalking in Scotland are given detailed consideration particularly in relation to monitoring and control of stalkers and enforcement of legal measures against them. Changes in the common law rules dealing with criminal law in Scotland have cast doubt on its continued ability to deal with this problem and the complex, ad hoc nature of statutory protection introduced in recent years against stalkers in Scotland has done little to provide certainty in this area. Although the legal rules in England dealing with this are by no means perfect the utilisation of the two criminal offences in the Protection from Harassment Act 1997 to combat stalking behaviour has had some success. The current legal rules in Scotland are compared with those in England where arguably there is a more developed system of legal protection.