Stalking Offences in the UK - what are they and the consequences

What is Stalking?

Under the Protection from Harassment Act 1997, stalking is recognised as a pattern of repeated, unwanted behaviour that causes distress or fear in the victim.

Examples of stalking behaviour are;

• following a person
• contacting, or attempting to contact, a person by any means
• publishing any statement or other material relating or purporting to relate to a person, or purporting to originate from a person
• monitoring the use by a person of the internet, email, or any other form of electronic communication
• loitering in any place (whether public or private)
• interfering with any property in the possession of a person
• watching or spying on a person

Harassment an alternative offence?

The offence of harassment overlaps the offence of stalking in many ways. Stalking occurs where there is a fixation and obsessive, unwanted and repetitive behaviour towards another. Harassment is defined as a person who pursues a course of conduct which is intended to cause alarm or distress. The behaviour must occur on more than one occasion, for example, multiple text messages and calls which are not responded to. Stalking Harassment maybe linked to a particular grievance whether that is with a neighbour or an acquaintance. 

Sentences

The sentences for these offences vary subject to the act you are charged under and the circumstances of the case. However, it is worth nothing that all offences of harassment and stalking are imprisonable.

How can we help?

If you find yourself being accused of a criminal offence, it is vital to contact a solicitor as soon as possible to obtain expert legal advice.

Johnson Astills are experts in criminal law and motoring offences, and are able to assist 24 hours of the day at the police station. Our specialist advocates in the Criminal Defence Team are highly experienced in dealing with matters at both the Magistrates’ and Crown Court. Representation at the police station is free, and legal aid may be available for your case at the Magistrates’ and Crown Court. For offences which do not qualify for legal aid, we offer fixed fees for appointments and representation.

To discuss any offences please contact our Criminal Defence Team at Johnson Astills at our Leicester office on 0116 2554855 or our Loughborough office on 01509 610312.