Plans are in the works to give Magistrates power to recommend counselling for anyone who comes before them, including stalkers, a Government senator revealed yesterday.

Government Senate Leader Lynda Milligan-Whyte disclosed this during yesterday's Senate debate into the 1997 Stalking Act which passed unanimously.

Sen. Milligan-Whyte was responding to calls for Magistrates to have the ability to send stalkers for counselling when they are brought before the courts.

She explained counselling could not have been incorporated into the 1997 Stalking Act without examining and changing the roles of Magistrates.

But she said Government intended to amend the Magistrates' Court Act to give Magistrates the power to refer anyone to counselling.

Independent Sen. Alf Oughton said many people believed that Magistrates did not "come down hard enough''.

"The courts must be seen to use the teeth given in this legislation,'' he stressed.

Under the Stalking Act, first time offenders face a $2,500 fine and/or 12 months in prison.

Sen. Milligan-Whyte added: "If proven on the balance of probability that the stalker had a weapon or was in breach of a protective order, the penalties increase to two to three years in prison and/or a $5,000 fine.'' The Act defines stalking as wilful and repeated actions that instilled fear in the victim that physical or mental harm may come to them or to any third party.

Last year some 250 complaints were lodged with the Telecommunications Ministry about harassing telephone calls, Sen. Milligan-Whyte revealed.

And the Act covers not just telephone calls, but sending mail, sending electronic messages, intruding on the privacy of someone and surveillance.

Sen. Milligan-Whyte said under the Act, victims could apply to the court for a protective order -- valid for up to a year -- against their stalker.

Once the order was served on the stalker, she said, both parties must go to court so a Magistrate could hear both sides.

Sen. Milligan-Whyte said if there was a problem serving the stalker with the order, a temporary one which was good for 28 days could be issued at the request of anyone close to the victim.

And the Act will also give the court the power to delay the start of a protective order if the stalker is incarcerated. In that case, the order will come into effect once he or she is released.

But Opposition Senate Leader Milton Scott claimed that Government had "missed an opportunity'' to make counselling compulsory.

"You could have provided the Magistrates with an additional sentencing option,'' Sen. Scott said.

However, he expressed hope that counselling will be included in the bill in the future "since this is a living document that will change and may come back for debate''.

UBP Sen. Lawrence Scott echoed Sen. Milton Scott's call for counselling.

"We can't lock all the stalkers up or we'll have a situation where the prison will be full,'' he said. "You can't always use incarceration as an option.'' And he anticipated that there will be amendments "on top of amendments'' to the Act, but conceded that the Act was the first of many steps.

Sen. Milligan-Whyte responded by stating that Government did not have trained counsellors for "this type of behaviour''.

While welcoming the Act, PLP Sen. Neletha Butterfield suggested that Government needed to educate the public.

Sen. Butterfield said: "The Government should tell victims to take notes or make records of violent acts. They should teach victims to make a diary and record dates. It will help them when they go to court...awareness helps to curb such activity.'' But UBP Sen. Yvette Swan reassured Sen. Butterfield that brochures on stalking were "being written and printed and will be distributed''.

Sen. Butterfield also questioned the Police response time to a stalking incident.

"Nothing can stop an angry man or woman from getting revenge,'' she said.

"How quickly will Police react or respond to an incident?'' Senator Lynda Milligan-Whyte