Council publishes report on the sentencing of stalking offences in Scotland

The Council has today published a new literature review examining the sentencing of stalking offences in Scotland.

The commissioned literature review, conducted by researchers from the University of Glasgow's School of Law, examines charging options in relation to the offence. It finds that in 2022-23, 53% of stalking charges included a domestic abuse aggravator. The research notes this represents a change from previous years, reflecting the impact of the Domestic Abuse (Scotland) Act 2018, where stalking can form part of a course of conduct of domestic abuse.

The study examines current sentencing practises and legislation in Scotland, comparing them with approaches in England and Wales. It also analyses the increasing use of non-harassment orders, which reached 4,058 orders in 2022-23, double the figure from 3 years previous.

The review explores research on reoffending, citing studies that indicate stalkers tend to reoffend around half of the time. The research also examines public perceptions of stalking behaviour, noting these are often shaped by high-profile celebrity cases.

The Council is grateful to the authors of this comprehensive research, which examines implications for sentencing guidance.

Read the full literature review on the sentencing of stalking offences in Scotland.