stalking as MPs yesterday passed the Stalking Act 1997.

Ms Cartwright DeCouto reminded Members that the term was taking from the hunting world.

She said: "It's a word culled from the lexicon of hunting -- the prey and the predator.

"That's exactly what we are all afraid of. What starts off as fairly innocuous leads into very serious stuff.

"The point of this legislation is to identify this sort of behaviour, which must be very frightening for the victim, and which has now become so prevalent,and to stop it as soon as it has become noticed -- before it leads to the kill.'' She added that it had not been possible before to involve the courts in stalking in good time to prevent a tragedy.

But Ms Cartwright DeCouto added: "This is often where our legal system falls down, whether in civil or criminal matters.

"One gets the remedy from the courts -- then that order has to be served and if the person upon which it is served does not abide by the law, how quickly can the law enforcement agencies act? "The stalker gets closer to the prey and carries out whatever their intentions are or continues the frightening conduct.'' She added a stalker did not know the meaning of the word "no'' and proper back-up was needed to enforce court orders.'' Ms Cartwright DeCouto said that Bermuda relied heavily on tourism and there had been serious incidents in the past.

She added: "We need the maximum protection possible for victims in these circumstances. Let us not forget that the term `stalking' is culled from hunting -- the predator and the prey and the predator is looking for the prey and possibly the kill.'' Introducing the bill, Home Affairs Minister Quinton Edness said the law, if passed, would make a "formidable weapon'' and would leave victims' lives "free of intimidation and fear''.

He said other jurisdictions had recently introduced such laws or were drawing up legislation.

Mr. Edness said he knew of two young women who left Bermuda with their children after being terrorised off the Island.

He added that in one instance, a child had been threatened and a grandmother injured.

But he said: "Under the new legislation a person carrying out the stalking would be committing a civil offence and a criminal offence and the victim can apply for a protection order.

"These orders will restrict someone from carrying out these activities which constitute stalking -- with a penalty of three years in jail, a $5000 fine or both.'' And he added weapons being found on a stalker would mean penalties at the heavy end of the scale.

Lois Browne Evans (PLP) said that stalking offenders often had personality or psychiatric problems and that locking them up without treating them was not a complete solution.

Health and Social Services Minister Clarence Terceira said the Prison Service had two psychologists experienced in dealing with sex offenders and were already making in-roads into treatment.

Shadow Health and Social Services Minister Renee Webb said stalking was more than "someone hid in a tree''.

She added that one in twenty US women would become a victim of a stalker -- and that the offender could be a woman or a man.

But she added between 75 and 80 percent were men, young to middle-aged, of above average intelligence and from all walks of life.

She said there were two types of stalker -- where a previous relationship existed and where there was none.

Ms Webb added most cases in Bermuda there had been a previous relationship and a mental or behavioural disorder could be present.

She stalkers often had difficulty with personal relationships and suffered from low self-esteem.

And she said that prison would not help people with these sort of problems without treatment as well.

Ms Webb pointed out: "We do not have mandatory counselling, which this side of the House is continually calling for.'' But Mr. Edness said that once the legislation was up and running, he would not rule out further amendments.

Shadow Home Affairs Minister Alex Scott said: "Bermuda is unique in that we are small enough to have this type of behaviour licked.'' He added he would be the first to complain about over-policing but that stalking demanded attention.

He said: "We don't want to act after the kill, we don't want to provide protection too late. We now have to say `how can we provide protection and be mindful of the rights of the general public' '' But Mr. Scott said a profile of the stalker needed to be drawn up and the authorities needed to be able to check that a stalker had obeyed the orders of the court.

During the discussion after the House had resolved itself into the Committee of the Whole, Mr. Edness explained the offence of stalking would carry a maximum sentence of 12 months or a maximum fine of $2,000 or both.

In cases where the offence carried an aggravating factor such as the use of a weapon, he said the punishment could be more severe.

Responding to a question from Mrs. Brown Evans, Mr. Edness admitted there was no provision for a higher sentence in the law.

However he said that the usual practice would be for the Magistrate to make a decision on whether to commit the matter to Supreme Court where a higher sentence would be handed out.

The PLP's Paula Cox asked whether any attempt would be made to weld psychological counselling to punishment.

Mr. Edness replied it did not make sense to include counselling as a part of the sentence until Bermuda had sufficient resources to help people in this way.

Mrs. Browne Evans said she was worried about whether The Stalking Act 1997 would apply equally to both sexes.

She said she had dealt with cases in her legal practice where women had made exaggerated claims. Consequently, their husbands or live-in boyfriends were arrested and removed from the home.

However when the matter reached the courtroom the matter did not stick.

"I am reluctant to see this again where the person is not served and where there is no imminent threat of murder.

"If it is just stalking then it is not murder. I think this is going a bit too far and invading people's rights.

"I am a great believer in human beings and I do not want to see anyone's rights violated. People fought for these rights.'' Mrs. Browne Evans heaped scorn on the provisions in the Stalking Act which gave Police officers the right to arrest someone without a warrant.

"You may want to protect some things but you open the door to other things,'' she said.

However, Information Minister John Barritt said the legislation included these provisions to deal with those instances where a bailiff was unable to serve papers on the respondent.

In such cases a Magistrate would make a decision based on the merits of that case.

However the respondent could challenge the procedure in court and if the evidence warranted it, the decision could be vacated.

The bill was then passed without opposition.