Harassment and Stalking in England and Wales
Harassment and stalking are serious criminal offences in England and Wales, governed primarily by the Protection from Harassment Act 1997, as amended by the Protection of Freedoms Act 2012. Although closely related, they are distinct offences with different definitions, different sentencing thresholds, and different protective orders available to the courts.
Allegations of this nature frequently arise at the breakdown of relationships and are often dealt with under the wider framework of domestic abuse legislation. Whether you have been accused of a harassment or stalking offence, or you are a victim seeking legal protection, specialist advice at the earliest possible stage is essential.
What is Harassment?
Under section 2 of the Protection from Harassment Act 1997, it is a criminal offence to pursue a course of conduct which you knew, or ought to have known, amounted to harassment of another person. The Act also creates a more serious offence under section 4, where that course of conduct causes the victim to fear that violence will be used against them.
Harassment requires a course of conduct — meaning the behaviour must occur on at least two occasions. A single incident, however distressing, will not ordinarily satisfy this requirement. The fewer the incidents, and the wider they are spaced in time, the less likely it is that a court will find a sufficient connection between them to constitute a course of conduct.
The test is objective: the question is not only whether the victim felt harassed, but whether a reasonable person in possession of the same information would conclude that the course of conduct amounted to harassment.
Allegations of harassment commonly involve repeated unwanted telephone calls, text messages, emails, or social media contact; repeatedly attending or waiting near someone's home or place of work; sending unwanted letters or gifts; and making contact through third parties after being asked to stop.
Civil Remedies for Victims of Harassment
In addition to criminal prosecution, the Protection from Harassment Act 1997 provides a civil remedy. A victim may apply to the civil courts for an injunction restraining the alleged harasser from continuing the conduct. A breach of such an injunction is itself a criminal offence carrying its own penalties. If you are a victim of harassment, you do not need to wait for a criminal prosecution to be brought before seeking legal protection.
What is Stalking?
Stalking was introduced as a specific criminal offence by the Protection of Freedoms Act 2012, which inserted sections 2A and 4A into the Protection from Harassment Act 1997. Stalking involves a course of conduct that amounts to harassment and also involves acts associated with stalking.
The more serious offence under section 4A applies where the stalking causes the victim to fear that violence will be used against them, or where it causes serious alarm or distress that has a substantial adverse effect on their day-to-day activities.
Section 2A(3) of the Act provides a non-exhaustive list of behaviours associated with stalking, including: following a person; contacting or attempting to contact a person by any means; publishing any statement or material relating to a person; monitoring a person's use of the internet, email, or any other form of electronic communication; loitering in any place; interfering with any property in the possession of a person; and watching or spying on a person. Conduct not specifically listed may still constitute stalking if it forms part of a pattern of behaviour of a similar character.
Key Differences Between Harassment and Stalking
While both offences are built on the concept of a course of conduct, stalking typically involves more persistent, targeted behaviour and a greater degree of intrusion — including surveillance, monitoring of communications, and interference with property. The conduct associated with stalking tends to be more sustained and obsessive in character than that underlying a harassment allegation.
From a procedural standpoint, stalking offences attract the possibility of Stalking Protection Orders, which have no equivalent under harassment law. The sentencing ranges also differ significantly: the more serious stalking offence under section 4A carries a maximum of ten years' imprisonment, whilst the section 4 harassment offence carries a maximum of five years.
Sentences for Harassment and Stalking
Sentences are determined by the Sentencing Council guidelines, which require the court to assess both the culpability of the offender and the harm caused to the victim. In addition to any custodial sentence, the court may impose a restraining order — and has the power to do so even where a defendant is acquitted.
| Offence | Maximum Sentence |
|---|---|
| Section 2 — Harassment (summary only) | 6 months |
| Section 2A — Stalking (summary only) | 6 months |
| Section 2 or 2A — Racially or religiously aggravated | 2 years |
| Section 4 — Harassment causing fear of violence | 5 years |
| Section 4A — Stalking involving fear of violence or serious alarm or distress | 10 years |
| Section 4 or 4A — Racially or religiously aggravated | 14 years |
Stalking Protection Orders
Stalking Protection Orders (SPOs) were introduced by the Stalking Protection Act 2019. They are civil orders, entirely separate from any criminal investigation, which the police may apply for at the Magistrates' Court. An SPO can be sought before any arrest has been made or criminal charge has been brought, and may also be made following an acquittal.
An SPO can prohibit a person from doing certain things — such as contacting the alleged victim or attending specified locations — or require them to take positive steps. Every SPO requires the subject to notify the police of their name and address within three days of the order being made, and to report any change to those details within three days.
If you become aware that the police are considering applying for an SPO, seek legal advice immediately. You have the right to be heard before the order is made, and representation at that stage can make a material difference to the terms or outcome of the application.
If You Are Under Investigation or Have Been Arrested
If you are arrested or under investigation for harassment or stalking, do not speak to the police without a solicitor present. You have an absolute right to free, independent legal advice at the police station. Police officers are trained interviewers, and anything you say — including apparently innocent explanations — may be used in evidence against you.
Being investigated does not mean you will be charged. Early legal intervention, including making representations to the Crown Prosecution Service before any charging decision is made, can prevent a prosecution from being brought by demonstrating either that there is not a realistic prospect of conviction, or that a prosecution would not be in the public interest.
If You Are a Victim of Harassment or Stalking
If you are experiencing harassment or stalking, legal intervention can provide effective protection. Options include reporting the matter to the police, applying for a civil injunction under the Protection from Harassment Act 1997, or — in stalking cases — supporting an application for a Stalking Protection Order.
You do not need to wait for a criminal prosecution to be brought before seeking legal protection. A civil injunction under the Protection from Harassment Act 1997 can be obtained independently of any police investigation, and a breach by the respondent is a criminal offence.