Harassment and Stalking
Harassment and stalking charges carry serious consequences including imprisonment and indefinite restraining orders. These allegations often arise from situations that are more complicated than they first appear.
About Harassment and Stalking
Harassment and stalking offences are prosecuted under the Protection from Harassment Act 1997, as amended by the Protection of Freedoms Act 2012. Basic harassment under Section 2 is a summary offence carrying up to six months' imprisonment. The more serious offence of putting people in fear of violence under Section 4 is an either-way offence carrying up to ten years. Stalking under Section 2A is summary-only with a maximum of six months, while stalking involving fear of violence or serious alarm or distress under Section 4A carries up to ten years on indictment.
The offences require a course of conduct — at least two incidents directed at the same person. Stalking specifically includes acts associated with stalking such as following a person, monitoring their communications, watching or spying on them, contacting them repeatedly, loitering near their home or workplace, and publishing material about them. The conduct must amount to harassment of that person, and the defendant must know or ought to know that their conduct amounts to harassment.
Sentencing depends on the seriousness and persistence of the behaviour, the impact on the victim, and whether the conduct involved threats of violence or caused genuine fear. For basic harassment, sentences range from fines and community orders to short custodial terms. For the more serious offences involving fear of violence, sentences of several years' imprisonment are not uncommon. Restraining orders are almost always imposed, and can last indefinitely.
These allegations frequently arise from relationship breakdowns, neighbour disputes, workplace conflicts, and online interactions. What one person experiences as harassment, another may see as legitimate attempts to communicate or resolve a dispute. The context in which the alleged conduct occurred is critical to the defence, and establishing that context through evidence — rather than simply denying the allegations — is often the most effective approach.
Key Points
- Prosecuted under the Protection from Harassment Act 1997
- Basic harassment (Section 2) is summary-only, maximum six months
- Putting people in fear of violence (Section 4) carries up to ten years
- Stalking offences (Sections 2A and 4A) were added by the Protection of Freedoms Act 2012
- Requires a course of conduct — at least two incidents
- Restraining orders are almost always imposed and can last indefinitely
Why Early Representation Matters
We start by establishing the full context of the relationship or situation that gave rise to the allegation. Many harassment cases involve two people who have both contributed to an ongoing conflict, and presenting our client's conduct in its proper context can fundamentally change how the case is viewed. We gather communications from both sides, identify any provocation or mutual hostility, and build a picture that goes beyond the prosecution's selective presentation.
The legal elements of harassment and stalking offences contain important safeguards for defendants. The conduct must amount to harassment, the defendant must know or ought to know it amounts to harassment, and there are statutory defences — including that the conduct was pursued for the purpose of preventing or detecting crime, that it was pursued under lawful authority, or that it was reasonable in the particular circumstances. We assess which of these defences applies and build the case around it.
Frequently Asked Questions
The minimum is two incidents directed at the same person. However, the incidents must be connected — two isolated events separated by a long period may not constitute a course of conduct. The courts look at the nature of the incidents, the time between them, and whether they form part of a pattern of behaviour. The more incidents there are, and the closer together they occur, the easier it is for the prosecution to prove a course of conduct.
Yes. Repeated unwanted messages — by text, email, social media, or any other means — can constitute harassment. The key question is whether the messages amount to a course of conduct that the recipient experiences as harassment, and whether you knew or ought to have known that they would. A small number of messages sent in the context of a genuine dispute may not cross the threshold, but persistent messaging after being asked to stop almost certainly will.
Stalking is a specific form of harassment that involves acts associated with stalking — following someone, watching or spying on them, monitoring their communications, loitering near their home, or interfering with their property. All stalking is harassment, but not all harassment is stalking. The stalking offences were introduced in 2012 to capture behaviour that has a particularly invasive and frightening quality.
A restraining order prohibits you from doing certain things — typically contacting the complainant or going to specified locations. It can be imposed on conviction or on acquittal. There is no maximum duration — a restraining order can last indefinitely unless you successfully apply to have it varied or discharged. Breaching a restraining order is a criminal offence carrying up to five years' imprisonment.
The test is not whether you intended to harass, but whether you knew or ought to have known that your conduct amounted to harassment. This is an objective test — a reasonable person in possession of the same information would have known the conduct was harassment. However, there are statutory defences available, including that your conduct was reasonable in the particular circumstances.
Get an Expert Defence
Complete the form below and a member of our criminal law team will be in touch to discuss your matter in confidence.
Prefer to Call?
Opening Hours
Monday – Friday: 9:00am – 5:30pm
Your Details
Ready to Get Started?
Contact our criminal law team for specialist advice on your harassment and stalking matter.