Written question asked by Baroness Berger (Labour) on Wednesday, 24 February 2016, in the House of Commons. It was due for an answer on Friday, 26 February 2016. It was answered by Mike Penning (Conservative) on Tuesday, 1 March 2016 on behalf of the Home Office.

Harassment: Prosecutions

Question: To ask the Secretary of State for the Home Department, what account the police takes of mental health conditions when deciding whether to prosecute people under the Protection from Harassment Act 1997.

Answer: The police and Crown Prosecution Service work together to take decisions on whether to pursue a prosecution under the Protection from Harassment Act 1997, applying the evidential and public interest tests set out in the Code for Crown Prosecutors. The Code provides that prosecutors should have regard to whether the suspect is, or was at the time of the offence, suffering from any mental or ill health as, in some circumstances, this may mean that it is less likely that a prosecution is required.

Secondary information