Criminal and Civil Justice Systems in Relation to Stalking — OCN London Apprenticeship Assessment Qualification Health & Social Care Revision

    This element examines the dual legal frameworks—criminal and civil—available to address stalking, equipping Independent Stalking Advocates with the knowled

    Topic Synopsis

    This element examines the dual legal frameworks—criminal and civil—available to address stalking, equipping Independent Stalking Advocates with the knowledge to navigate legislation such as the Protection from Harassment Act 1997 and the Stalking Protection Act 2019. It explores the criminal justice response, including police powers and prosecution, alongside civil protection orders like Stalking Protection Orders and Non-Molestation Orders, emphasising their practical application in safeguarding victims.

    Key Concepts & Core Principles

    Exam Tips & Revision Strategies

    Common Misconceptions & Mistakes to Avoid

    Examiner Marking Points

    Criminal and Civil Justice Systems in Relation to Stalking

    OCN LONDON
    vocational

    This element examines the dual legal frameworks—criminal and civil—available to address stalking, equipping Independent Stalking Advocates with the knowledge to navigate legislation such as the Protection from Harassment Act 1997 and the Stalking Protection Act 2019. It explores the criminal justice response, including police powers and prosecution, alongside civil protection orders like Stalking Protection Orders and Non-Molestation Orders, emphasising their practical application in safeguarding victims.

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    Learning Outcomes
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    Assessment Guidance
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    Key Skills
    1
    Key Terms
    4
    Assessment Criteria

    Assessment criteria

    OCNLR Level 4 Certificate in Independent Stalking Advocacy Specialist

    Topic Overview

    The OCNLR Level 4 Certificate in Independent Stalking Advocacy Specialist is a specialised qualification designed for professionals working with victims of stalking. It equips advocates with the knowledge and skills to provide independent, confidential, and victim-focused support. This qualification covers the legal framework surrounding stalking, the psychological impact on victims, risk assessment tools, and multi-agency working. It is part of the Health & Social Care sector, specifically within victim support and advocacy services.

    Stalking is a complex and often misunderstood crime that can have severe psychological and physical effects on victims. As an Independent Stalking Advocacy Specialist, you will be responsible for empowering victims, helping them navigate the criminal justice system, and ensuring their safety. This qualification is crucial because it standardises the high level of expertise required to handle such sensitive cases, promoting best practices across the UK.

    This certificate fits into the wider subject of Health & Social Care by addressing the intersection of mental health, legal rights, and social support. It builds on foundational advocacy skills and deepens understanding of coercive control, harassment, and risk management. Graduates often work in charities, police liaison roles, or specialist stalking clinics, making a tangible difference in victims' lives.

    Key Concepts

    Core ideas you must understand for this topic

    • →The legal definition of stalking under the Protection from Harassment Act 1997 and the Stalking Protection Act 2019, including the difference between harassment and stalking.
    • →Risk assessment tools such as the Stalking Risk Profile (SRP) and the Domestic Abuse, Stalking and Harassment and Honour-Based Violence (DASH) risk checklist.
    • →The psychological impact of stalking, including trauma bonding, hypervigilance, and the cycle of abuse, and how to support victims using trauma-informed approaches.
    • →Multi-agency working: collaborating with police, mental health services, housing, and legal professionals to create a coordinated safety plan.
    • →Confidentiality and independence: maintaining victim trust while adhering to safeguarding duties and information-sharing protocols.

    Learning Objectives

    What you need to know and understand

    • 1. Understand current stalking legislation.2. Understand the criminal justice response to stalking.3. Understand the main protection orders available for victims of stalking.

    Assessment Criteria

    Key criteria assessors look for in your portfolio

    • Award credit for accurately identifying and explaining key stalking legislation, including the Protection from Harassment Act 1997, the Stalking Protection Act 2019, and relevant amendments.
    • Expect detailed knowledge of the criminal justice process, from reporting and risk assessment to charging decisions and sentencing guidelines for stalking offences.
    • Require demonstration of the differences between criminal and civil remedies, with specific reference to orders such as Stalking Protection Orders, Restraining Orders, and Non-Molestation Orders.
    • Look for evidence of understanding the victim’s perspective and how advocates can support access to both justice routes.

    Assessment Guidance

    Guidance for achieving higher grades

    • 💡Always reference the specific legislation by name and year when discussing protections or processes, as this demonstrates precise knowledge.
    • 💡Structure your responses to clearly separate criminal and civil pathways, using case examples to illustrate how each operates and when they overlap.
    • 💡In scenario-based questions, explicitly address the victim’s safety planning and the role of the advocate in securing protection orders, not just identifying the legal options.
    • 💡Prepare comparisons between orders, such as duration, application process, and breach consequences, to showcase comprehensive understanding.
    • 💡When answering questions about risk assessment, always refer to specific tools (e.g., DASH or SRP) and explain how they are used in practice. Examiners look for evidence of applied knowledge, not just definitions.
    • 💡For case study questions, structure your answer using the advocacy cycle: assess, plan, implement, and review. Show how you would maintain independence and confidentiality while working with other agencies.
    • 💡Remember to link your answers to relevant legislation, such as the Protection from Harassment Act 1997 or the Equality Act 2010. This demonstrates a thorough understanding of the legal context.

    Common Mistakes

    Common errors to avoid in your coursework

    • Confusing the definitions of harassment and stalking under the Protection from Harassment Act 1997, often failing to recognise the 'fixated, obsessive, unwanted, and repeated' nature of stalking.
    • Assuming that a criminal prosecution automatically provides civil protection, without acknowledging the need for separate civil applications.
    • Overlooking the availability of Stalking Protection Orders as a civil remedy that can be sought independently of criminal proceedings.
    • Misinterpreting the thresholds for different orders, such as underestimating the evidence required for a Non-Molestation Order compared to a Restraining Order.
    • Misconception: Stalking is always carried out by strangers. Correction: In reality, most stalkers are known to the victim, such as ex-partners, acquaintances, or colleagues. Advocates must assess the relationship history accurately.
    • Misconception: If the victim doesn't report to police, there is nothing an advocate can do. Correction: Advocates can still provide emotional support, safety planning, and help with non-police interventions like civil injunctions or university disciplinary procedures.
    • Misconception: Stalking behaviour is just persistent attention and not serious. Correction: Stalking is a criminal offence with severe consequences; it often escalates to physical violence. Advocates must treat all reports with the utmost seriousness.

    Frequently Asked Questions

    Common questions students ask about this topic

    Before You Start

    Prior knowledge that will help with this topic

    • •A basic understanding of advocacy principles, such as those covered in a Level 3 Certificate in Independent Advocacy.
    • •Knowledge of safeguarding adults and children, including the Care Act 2014 and Working Together to Safeguard Children guidance.
    • •Familiarity with the criminal justice system in England and Wales, particularly how victims interact with police and courts.

    Key Terminology

    Essential terms to know

    • 1. Understand current stalking legislation.2. Understand the criminal justice response to stalking.3. Understand the main protection orders available for victims of stalking.

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