Harassment / stalking involving fear of violence

Harassment, stalking and protective orders — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Harassment, stalking and protective orders

Harassment / stalking involving fear of violence

Protection from Harassment Act 1997, s.4 (fear of violence); s.4A (stalking involving fear of violence or serious alarm or distress)

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable: Either way
Maximum penalty: 10 years' custody

Actus reus

Course of conduct that causes another to fear on at least two occasions that violence will be used against them (s.4), or stalking causing fear of violence / serious alarm or distress (s.4A).

Mens rea

Know or ought to know that the course of conduct would cause such fear (or serious alarm/distress for s.4A).

Defences

Did not cause fear of violence · Reasonable in the circumstances · Prevention/detection of crime · Deny course of conduct

Sentencing Council

Sentencing Council guideline effective 1 October 2018. Offence range: fine to 8 years' custody.

View definitive guideline ↗

At the police station

Higher stakes than s.2/s.2A. Confirm whether victim feared violence on two occasions. Often overlaps with threats to kill and breach of protective orders.

When to involve a rep or solicitor

Police station advice is free under legal aid and is not means-tested.

Authoritative sources for this page

Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.

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Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.